Terms & Conditions

Fancy Stats Terms of Use Agreement (a.k.a. “Our Legal Team Made Us Put This Here”)

DATE LAST MODIFIED: October 13, 2009

This Terms of Use Agreement (this "Agreement"), which is a legal agreement between you ("you") and Infrastrategy, LLC (“Infrastrategy”), shall govern your use of and access to the Fancy Stats site/ blog located at www.fancystats.com (the "Web site") and all services provided by the Web site as described therein (the "Services"). By submitting any questions or other submissions to the Web site or simply by making any use of the Web site, you (x) accept this Agreement and agree to be bound by each of its terms, and (y) represent and warrant to Infrastrategy that (i) you have the authority to enter into this Agreement, (ii) this Agreement is binding and enforceable against you, and (iii) you have read and understand the Fancy Stats Privacy Policy (the "Privacy Policy"), the terms of which are posted at the Web site and incorporated herein by reference, and agree to abide by the Privacy Policy. If you do not agree with any of the terms contained herein, you should immediately cease any and all activities on the Web site and/or use of any Services.

Please read this Agreement carefully. If you do not agree to these terms and conditions or anything contained in this Agreement, do not access or otherwise use the Web site.

CHANGES TO SERVICES, AGREEMENT AND/OR WEB SITE

We may amend any part of this Agreement at any time, and the amended terms will be effective 10 days after initial posting at the Web site. In addition, We may, without prior notice, add, delete or modify some or all of the Services and/or content available on the Web site at any time in its sole discretion. Further, we may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND WEB SITE. YOUR CONTINUED USE OF THE SERVICES OR WEB SITE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES AND/OR MODIFICATIONS. You should review this Agreement periodically to ensure you become aware of changes which are made by us to this Agreement from time to time.

SERVICES

This Web site is for informational purposes only and is not intended to provide specific commercial, financial, or legal advice. We just want to share some fancy stats with you. The content on this Web site is provided to you solely for your own personal, non-commercial use and you may not otherwise copy, reproduce, alter, modify, create derivative works, or publicly display any content. You may link to and refer to this Web site freely. If you are uncertain whether your intended use of FancyStats is permissible, please contact us at fancystats@yahoo.com.

We expressly reserve the right to discontinue, suspend or terminate the offering of the Services at any time. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for any type of commitment.

This Web site does not guarantee the accuracy of any information. This is for fun, people! Don’t believe everything you read! We do not represent or warrant that the Web site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not warrant or represent that the information available on or through the Web site will be correct, accurate, complete, timely, or otherwise reliable. We may (but are not obligated to) make improvements and/or changes to its features, functionality or content of the Web site at any time. In no event shall we be liable for any such errors or defects.

LIMITED LICENSE

We hereby grants you a non-exclusive, nontransferable, revocable limited license to access and use the Web site and its contents, including search results and other information, strictly in accordance with this Agreement and solely for the permitted uses described in this Agreement. This license and authorization is not a transfer of title in any content posted at the Web site and is subject to strict compliance with the rules and other terms of this Agreement.

WEB SITE ACCESS RULES

In return for the license and authorization we grant you in this Agreement to use the Web site, you agree to abide by all the terms of this Agreement and any additional restrictions displayed on the Web site, as and when they are updated from time to time, including, without limitation, the rules in this Section. This Section includes certain activities that are expressly not permitted on this Website. Inclusion of these prohibited uses is not intended and should not be construed to modify any description of permitted uses in this or other sections of this Agreement and you may not construe the fact that a particular activity is not described as a prohibited use in this Section as an indication of permission to engage in that activity if it is not consistent with the permitted uses. We may terminate your use of the Web site or refuse you access to the Web site where we determine in our sole discretion that it is in the best interest of the Web site or the Web site's users to do so.

  1. 1. Permitted Uses. You may use the Web site only in good faith for your own personal, non-commercial use to obtain information offered through the Web site. You may link to, download and print out portions of the content from the Web site for your convenience provided that you follow the rules in this Agreement. You may refer to this Web site freely.
  2. 2. Distribution. Except as expressly permitted under other provisions of this Agreement, you may not modify, reproduce, duplicate, copy, photocopy, print, alter, modify, republish, display, translate, transmit, distribute, sell, resell, rent, lease, loan, exploit, reduce to any electronic medium or machine-readable form, or otherwise make available in any form or by any means all or any portion of the Web site, the content or any information or materials retrieved from either of them, including, without limitation, graphics and logos, in whole or in part, for any purpose without our express prior written consent and approval (which consent may be withheld at our sole discretion).
  3. 3. Website Functionality. You may not remove, disable, defeat, or change any functionality or the appearance of the Web site or any of the content included on the Web site.
  4. 4. Interference. You may not interrupt or attempt to interrupt or otherwise interfere with the operation of the Web site in any way.
  5. 5. Derivative Works. You may not create compilations or derivative works of the Web site, the Web site content or any other materials from the Web site.
  6. 6. Proprietary Notices. You may not remove, change, or obscure and you must retain on all copies of the content you download any copyright notice or other proprietary notice, Privacy Policy, legal disclosures, or terms of use contained in the content or on the Web site.
  7. 7. Transfer. You may not transfer the Web site content to any other person unless you have received all consents necessary from the Web site and, in addition, you give such other person notice of and they agree to accept the obligations arising under this Agreement.
  8. 8. Infringement. You may not use the Web site, the Web site content, or any other materials from the Web site in any manner that may infringe upon any copyright or other intellectual property right, proprietary right, or property right of Infrastrategy or any third party.
  9. 9. Software. You may not (i) decompile, disassemble, or reverse engineer any of the Web site's software, (ii) use any network monitoring or discovery software to determine its architecture, or (iii) use any robot, spider or other automatic device or manual process to monitor materials available on the Web site.
  10. 10. Information Distribution. You may not use the Web site to transmit, upload, post, distribute or facilitate distribution of, or otherwise make available any information or content, including text, communications, software, images, sounds, data, or other information, that:
    1. 1. is false;
    2. 2.contains explicit or graphic descriptions or accounts of sexual acts, including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals;
    3. 3. you are restricted from using under contractual restrictions or fiduciary obligations, including, without limitation, inside information and proprietary and confidential information learned or disclosed as part of an employment relationship or under nondisclosure agreements;
    4. 4. you are restricted from using under any law; or
    5. 5. contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage, or limit the functions of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any other party.
  11. 11. Other Prohibited Uses. You may not use the Web site for any purpose that:
    1. 1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or otherwise violates the Web site’s rules or policies;
    2. 2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other classification protected by law;
    3. 3. invades any person's or entity's privacy or other rights;
    4. 4. 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;
    5. 5. misidentifies yourself or impersonates any person or entity, including, without limitation, any employee or representative of Fancy Stats, or falsely states, implies, or otherwise misrepresents your affiliation with a person or entity by, for example, pretending to be someone other than yourself or pretending to represent a company or organization that you are not affiliated with or authorized to represent; or
    6. 6. could otherwise reasonably be deemed or viewed to be unethical, illegal, or offensive.
  12. 12. Harm to Minors. You may not take any action on the Web site or use the Web site content to harm minors in any way.
  13. 13. Data Collection. You may not access the Web site for data mining or extract any content from the Web site for any purpose other than your personal use as described in this Agreement.
  14. 14. Commercial Database. You may not use any portion of the Web site or any of the Web site content as a component of or to develop, in any media, an information storage and retrieval system, database, infobase, or similar information resource that is offered for commercial distribution of any kind, including, without limitation, through sale, license, lease, rental, subscription, or any other distribution mechanism.
  15. 15. Identifiers. You may not forge headers or otherwise manipulate identifiers on the Web site in order to disguise the origin of any Web site content transmitted through the Web site.
  16. 16. Securities Laws. You may not intentionally or unintentionally violate any applicable local, state, national, or international law relating to securities and other aspects of business ownership, including, without limitation: (i) regulations promulgated by the U.S. Securities and Exchange Commission, (ii) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, and the NASDAQ, and (iii) any other similar regulations that have the force of law.
  17. 17. Solicitation. You may not use the Web site or any Web site content in a manner that violates any state or federal law regulating commercial e-mail, facsimile transmissions or telephone solicitations.
  18. 18. Export. You may not export or re-export the Web site, any of the Web site content, or any software available on or through the Web site in violation of the export control laws and regulations of the United States.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the Web site are: Copyright © 2009 Infrastrategy, LLC. All rights reserved. "fancystats.com" is a service mark of Infrastrategy, LLC. Other product and company names mentioned herein or within the Web site may be the trademarks or service marks of their respective owners. To this end, you may not, without the prior, written consent of Infrastrategy or the applicable copyright holder, modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the content posted at the Web site or otherwise owned by Infrastrategy or any of its licensors for purposes other than those permitted in this Agreement. This Agreement shall not be deemed to transfer from Infrastrategy to you (i) any of Infrastrategy's or its licensors' intellectual property (including, without limitation, patents, trademarks, service marks, trade names, copyrights and licenses), technology, software programs or any related assets owned by Infrastrategy, or (ii) any rights to use or license any of the foregoing except as explicitly set forth in this Agreement.

PROPRIETARY RIGHTS

Our policy is to comply with all intellectual property laws and to act quickly upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this Site in a manner that constitutes copyright infringement, please let us know immediately by sending email to fancystats@yahoo.com. Be sure to identify the material you believe is being infringed upon and your contact information.

DISCLAIMERS AND LIMITATIONS

Infrastrategy intends that the information contained in the Web site be accurate and reliable; however, errors sometimes occur. Nobody’s perfect, okay? In addition, changes and improvements to the information provided herein or on the Web site may be made by us at any time. THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS, WHERE IS AND AS AVAILABLE." INFRASTRATEGY AND/OR ITS SUPPLIERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED WITHIN THE WEB SITE, INCLUDING WITHOUT LIMITATION (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, (II) AS TO THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEB SITE, (III) WARRANTIES AS TO THE EFFECT YOUR USE OF THE WEB SITE MAY HAVE ON ANY DIVORCE PROCEEDING, OR (IV) AS TO THE ACCURACY OR UTILITY OF ANY SUGGSTION, ADVICE OR ANSWER PROVIDED TO YOU IN ANY PORTION OF THE WEB SITE. USE OF THE WEB SITE IS AT YOUR OWN RISK. INFRASTRATEGY AND/OR ITS SUPPLIERS' SITES ARE NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEB SITE OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INFRASTRATEGY AND/OR THEIR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

UNAVAILABILITY OF SERVICE OR WEB SITE

You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Web site and/or the Services. While it is our objective to make the Web site accessible 24 hours per day, 7 days per week, the Web site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, access to the Web site may be interrupted, suspended or terminated from time to time. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEB SITE AND/OR SERVICE AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEB SITE AND/OR SERVICE.

INDEMNITY

Release. Without limiting the generality of the disclaimers set forth in this Agreement, you hereby waive and release Infrastrategy, its affiliates, and each of their equity holders, officers, directors, managers, members, shareholders, minions, employees and agents from any damages and claims of any sort, whether direct or otherwise, that arise out of or result from your use of the Web site, the Web site content and any services offered through the Web site, including, without limitation, any dealings or transactions between you and third parties from whom you obtain any information, goods, or services through the Web site.

Indemnity. You will indemnify and defend (a) Infrastrategy, (b) Infrastrategy’s licensors, subsidiaries, and affiliates, and (c) each of their respective equity owners, directors, managers, members, shareholders, officers, employees, agents, contractors and representatives against any claim or demand made by any third party and any damages, costs, liabilities, and expenses, including, without limitation, reasonable attorneys' fees, any indemnified party incurs as a result of such a claim or demand arising out of (i) any content you submit or post to or transmit through the Web site, (ii) your use of or connection to the Web site, the Web site content or the services offered through the Web site, or (iii) your violation of this Agreement or your violation of any rights of another person.

THIRD PARTY CONTENT

  1. 1. General. The Web site and the Web site content may contain or provide access to content provided by third parties, including, without limitation, information, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or e-mailed or otherwise transmitted through the Web site ("Third Party Content") that may include content you find to be offensive, indecent or objectionable. The third party from whom Third Party Content originates is solely responsible for it and we assume no responsibility to monitor or verify, have no control or influence over, make no representations regarding, and do not guarantee the accuracy, integrity, or quality of any Third Party Content. Accordingly, we have no liability of any kind to you or any other person relating to any Third Party Content, including, without limitation, mistake, misstatement of law, omission, falsehood, defamation, obscenity, pornography, profanity, opinion, representation, and any other content contained in the Third Party Content or for any loss or damage of any kind incurred as a result of the use of any Third Party Content. Statements of opinion and commentary in Third Party Content are those of the third party and, unless we expressly state in writing to the contrary, we neither endorse nor adopts as its belief any such statements.
    Bottom line: if you think you won’t like it, don’t click on it.
  2. 2. Advertisers. The Web site may include advertisements or offers for access to information, goods, and services provided by third parties. Your correspondence or business dealings with or participation in promotions of advertisers on or through the Web site, including, without limitation, payment for and delivery of goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. We make no representations about and disclaim any and all liability to any person for any such information, goods and services. We do not (i) endorse any advertiser, (ii) provide advice on which advertiser to select, (iii) guarantee any advertiser's information, goods, or services, or (iv) act as your general contractor, agent or adviser.
  3. 3. Links. As a convenience to you and to make everyone’s lives more interesting, the Web site may contain links to websites that are owned and operated by third parties that are not affiliate with Fancy Stats. When you use these links, you will leave the Web site and we will have no ability to protect your interests. You visit linked Websites at your own risk and it is your responsibility to take any protective measures to guard yourself and your computer against viruses and other destructive elements. We are not responsible for and, unless it expressly states otherwise in writing, make no warranty or representation regarding and does not endorse any linked Website or any service, product or information provided on or through the linked Website. Inclusion of hyperlinks to linked Websites on the Web site does not imply (i) that we sponsor, endorse, or are affiliated or associated with the linked Website, (ii) that we are legally authorized to use any trademark, trade name, logo, service mark, copyright symbol, legal or official seal, or other proprietary designation or symbol displayed in or accessible through the links, or (iii) the operator of any linked Website is authorized to use any trademark, trade name, logo, copyright symbol, or other proprietary designation in which Infrastrategy or any of its affiliates has any ownership or licensee interest.
  4. 4. Comments to the Site. We do not monitor or review comments posted to the Web site. We reserve the right to remove any posted comments. Just keep it classy, okay? We don’t endorse any comments submitted by users, and we don’t verify that comments posted are truthful, accurate or reliable.

MISCELLANEOUS

This Agreement, including the Privacy Policy, constitutes the entire agreement between you and Infrastrategy and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Infrastrategy with respect to the Web site and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of Illinois, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

PRIVACY POLICY

We will not harass, annoy, or otherwise bug you based on your personal information. Believe us, we know how irritating that is. The only information we collect about you is information that is automatically generated when you use this Web site. Except as set forth below, we will not share your personal information with any outside parties without your permission.

Legal and Government Authorities: We will disclose your information to proper authorities when we have a good-faith belief that such action is necessary to comply with applicable laws, valid legal process, a court order, a current judicial proceeding, or to protect our rights or property.

Basically, you don’t use our Web site to do bad stuff and we will leave you alone.

We take reasonable measures to protect your information on our servers. Please understand that whenever you voluntarily disclose personal information online (such as through an email message or posting content), this information cannot be made 100 percent secure and, in some cases, that information can be intercepted, collected, and used by others. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). In no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

Links

This Web site may contain links to other sites that are owned and operated by unaffiliated third parties. We do this to make your experience here more enjoyable and we like some variety, but any links to other sites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) such third party products and services. Please be aware that we are not responsible for the privacy practices of such other sites and any information you provide to them will not be governed by this Privacy Policy. This privacy statement applies solely to information collected on this Web site. When you leave our Web site, we encourage you to read the privacy statements of every web site you visit prior to providing your personally identifiable information to them. As we have no control or responsibility over web sites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

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