All winning outcomes reflect the relative knowledge and skill of the User and are determined predominantly by accumulated statistical results of the performance of individuals (athletes in the case of sports events) in multiple real world sporting or other events. No winning outcome is based: (a) on the score, point spread, or any performance or performances of any single real-world team or any combination of such teams; or (b) solely on any single performance of an individual athlete in any real world sporting or other events.
AMENDMENTS AND MODIFICATIONS
At the sole discretion or to remain in compliance with the Modoc Sports Commission, Modoc MTE, LLC reserves the right to amend, modify or replace any of the Terms at and time, which shall become effective immediately. It is the responsibility of you as the User Participant to review and become familiar with all such amendments, modifications or replacements. Accordingly, you should regularly check this page for any changes. If a revision to the Terms is, in the Commissioner’s opinion, material, Modoc MTE, LLC shall either notify you through the email address associated with your account or upon your next use of the Service. Use of the Services by you after such notice to the new Terms constitutes your acceptance of the new Terms as modified.
You the user participant must be at least 18 years of age and live within the boundaries of the United States of America to open an account, participate in contests, or win prizes offered by FSM. One account per user. You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms.
- you are not listed on any U.S. Government list of prohibited or restricted parties;
- you are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.
FSM employees may access the offered services, and will from time to time do so for the purpose of testing the site user experience, socializing with customers to build community, and other reasonable and fair uses at the discretion of FSM. FSM EMPLOYEES WILL NOT COMPETE with FSM users in any FSM contest unless it is for certain specialized events and openly made known to all participants, nor participate in contests on other competitor contest websites.
Athletes, coaches and other team management, team support personnel (e.g. without limitation, team physicians) and team owners may not participate in any FSM contest in the sport or sports with which they’re associated. Team owners, referees, league employees, sports commissioners and other individuals who through an ownership interest or contest-related employment can influence the outcome are likewise ineligible.
If you do not meet the eligibility requirements of this section, then you are not eligible or authorized to use the Service(s).
All payments are final. No refunds will be issued. In the event of a dispute filed with the commissioner regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the that the authorized account was registered and will not be refunded. Refunds will only be made if an FSM contest is closed directly by FSM prior to the original closing time posted for that contest.
CONDITIONS OF PARTICIPATION
By creating an account and entering an offered FSM contest, entrants are assenting to a direct agreement with the Modoc Tribe of Oklahoma, to be bound by these Rules and the decisions of the Modoc Sports Commission, which shall be final and binding in all respects. The participant waives any class action right and their right to any further review by another judicial body. The Modoc Sports Commission, at its sole discretion, may disqualify any entrant from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct deemed to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other entrants. Improper conduct includes, but is not limited to:
- Falsifying personal information required to enter a Contest or claim a prize;
- Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Contest or claim a prize;
- Colluding with any other individual(s) or engaging in any type of syndicate play;
- Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose.
- Any type of bonus abuse, abuse of a refer-a-friend program, or abuse of any other offers or promotions;
- Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
- Obtaining other entrants information; or
- Abusing the FSM services in any way, including but not limited to the creation of multiple accounts.
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent the Modoc Tribe of Oklahoma, Modoc MTE, LLC dba Fantasy Sports Markets, the Modoc Sports Commission or any other entity related to FSM that has incurred a harm, from pursuing criminal or civil proceedings in connection with such conduct in any court of their choosing. USERS AGREE THAT THEY ARE SUBJECT TO THE CIVIL OR CRIMINAL JURISDICTION OF THE TRIBES OR COMMISSIONERS, OR BOTH, CHOICE.
By entering into a Contest or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless Modoc MTE, LLC, its owners, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the "Released Parties"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy.
FSM, the owners, the Modoc Sports Commission, and affiliated parties in operations, are not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a Contest), including without limitation any injury or damage to any entrant's or any other person's computer or video equipment relating to or resulting from participation in a Contest; inability to access the services, or any web pages that are part of or related to the services; hacking, theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE SERVICES PROVIDED OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, FSM, OWNERS, COMMISSION, AND AFFILIATED PARTIES IN OPERATION RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY AN APPLICABLE LAW.
All entries become the property of FSM, the owners, and affiliated parties in operations and will not be returned or refunded unless provided for by ruling of the Modoc Sports Commission. Entries may be posted for notice of placement upon the purchase and the results of the contest(s).
CONTEST PRIZES AND PROMOTIONS
Prizes will only be awarded if a Contest is conducted and completed. FSM, upon approval of the Modoc Sports Commission, reserves the right to cancel Contests at any time. In the event of a cancellation, all entry fees will be refunded to the participating customer(s). FSM reserves the right upon approval of the Modoc Sports Commission, to alter, discontinue or terminate any contest promotion, or any aspect of it, at any time, with or without notice, for any reason whatsoever, including without limitation if there has been any printing, production, distribution or other error in any promotion communication or where there has been any error in the preparation for or conduct of any contest promotion affecting the result of the contest promotion or the number of participants or the value of claims. Any action taken by FSM shall be deemed approved by the Modoc Sports Commission prior to the action taking place.
Each Contest or promotion is governed by its own set of official rules. We encourage you to read such Contest and promotions Rules before participating.
COMMUNICATIONS AND INFORMATION PRACTICES
As a result of your registration for the Service, you may receive certain commercial communications from FSM. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or responding to the sender directly. Following such an opt-out, we may still communicate with you via email as necessary.
OTHER LEGAL RESTRICTIONS
Modoc MTE, LLC dba Fantasy Sports Markets (FSM) operating through www.fantasysportsmarkets.com, is a legal fantasy sports operation in compliance with The Unlawful Internet Gambling Enforcement Act (UIGEA), Federal Law 31 U.S.C. §§ 5361-5367, passed by the US Federal Government in 2006. FSM is also in compliance and permitted under the Modoc Fantasy Sports Statute (2015), and regulated by the governing office of the Modoc Sports Commission, of the Modoc Tribe of Oklahoma.
All FSM contests, prizes and awards are approved by the Modoc Sports Commission when offered and awarded to winning participants; prizes and awards are established and made known to the participants in advance of the contest and their value is not determined by the number of participants or the amount of fees paid by participants.
The Modoc Tribe of Oklahoma, Federally Recognized Tribe, PERMITS the operation of and participation in a fantasy sports league with authority to regulate vested in the Modoc Sports Commission. All fantasy sports operations shall be conducted in accordance with Federal Law 31 U.S.C. §§ 5361-5367. Specifically:
(ix) participation in any fantasy or simulation sports contest in which (if the contest involves a team or teams) no fantasy or simulation sports team is based on the current membership of an actual team that is a member of an amateur or professional sports organization (as those terms are defined in section 3701 of title 28) and that meets the following conditions:
- (I) All prizes and awards offered to winning participants are established and made known to the participants in advance of the contest and their value is not determined by the number of participants or the amount of any fees paid by those participants.
- (II) All winning outcomes reflect the relative knowledge and skill of the participants and are determined predominantly by accumulated statistical results of the performance of individuals (athletes in the case of sports events) in multiple real-world sporting or other events.
- (III) No winning outcome is based— (aa) on the score, point-spread, or any performance or performances of any single real-world team or any combination of such teams; or (bb) solely on any single performance of an individual athlete in any single real-world sporting or other event.
CONTEST OF SKILL
Contests that have been created and are offered are determined by the Modoc Sports Commissioner to be contests of skill. Winners are determined by the objective criteria described in the Contest deadline, roster, Rules, scoring, and any other applicable documentation associated with the Contest. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant sports information and fantasy sports rules to accumulate the most points according to the corresponding scoring rules. FSM may not be used for any form of illicit gambling.
CONTEST STATISTICS AND LIVE SCORING
To the extent that FSM offers 'live' statistics during the events, all 'live' statistics and other information provided through the FSM and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our Contests. While FSM, and the third parties that are used to provide the Services, use reasonable efforts to include accurate and up-to-date information, neither FSM nor its third-party providers warrant or make any representations of any kind with respect to the information provided through the Services and related information sources. FSM and its third-party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Services and related information sources, and shall not be responsible or liable for any error or omissions in that information. Official results will be provided after the contests has concluded and scores and winners have been approved of by the Modoc Sports Commission.
Contest results are provided for related to each contest on the FSM website; prize calculations are based on the final statistics and scoring results at the completion of the last sporting event of each individual Contest. Once Contest results are reviewed and calculated, prizes will be awarded upon approval of the Modoc Sports Commission. The scoring results of a Contest will not be changed regardless of any official statistics or scoring adjustments made by a league or other related body at a later time or date, however the Modoc Sports Commissioner, at their sole discretion, may choose to make an adjustment. FSM, the owners, Modoc Sports Commission, and affiliated parties in operations reserves the right, in their sole and absolute discretion, to deny any contestant the ability to participate in head-to-head contests for any reason whatsoever. Further, the Modoc Sports Commission in their sole and absolute discretion may invalidate any contest result for the purposes of preventing abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, illegal, or unfair activity.
At the conclusion of each Contest, prizes will be awarded on the approval by the Modoc Sports Commission, except in circumstances where technical failure or other reasons prevent such timely payout. Contest prizes are listed in the FSM prize table list. Prizes won are added to the winning participants FSM account balance.
TIE BREAKER ELEMENT – The participant must select a tie-breaker score prior to making a roster entry purchase. In the event of a statistical tie, the participant with the closest selected tie-breaker score to the actual score shall be deemed the winner. If two participants select the same athletes on the roster, receive the same statistical score, and select the same tie breaker score number, then the winnings shall be split evenly between the winning parties. The Modoc Sports Commission shall have authority to review these situations and determine a fair, equitable, and final legally binding resolution.
Contest prize payouts will be published with the creation of each new contest. FSM, upon approval of the Modoc Sports Commission may cancel or suspend the contest(s) (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the contest (or any portion thereof) warrant doing so. Notification of such changes may be provided by FSM to its participating customers, but will not be required to do so.
PAYMENT AND WITHDRAWAL OF PRIZES
All taxes associated with the receipt of any prize are the sole responsibility of the winner. Participants who earn and attempt to withdrawal more than $600.00 in a calendar year will be required for fill out information for a 1099-Misc. Income form from FSM. In the event that the awarding of any prizes to winners of Contests is challenged by any legal authority; The Modoc Sports Commission reserves the right in its sole discretion to determine whether or not to award such prizes.
No substitution or transfer of a prize to another participants account is permitted. All prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).
TERMINATION AND EFFECT OF TERMINATION
DISCLAIMER OF WARRANTIES
THE FSM SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE EQUIPTMENT, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY FEDERAL AND TRIBAL LAW, THE COMPANY AND ITS OWNERS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE SERVICES; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH FSM; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE EQUIPTMENT; (D) THE MESSAGES AND INFORMATION SENT; (E) ANY PRODUCTS OR SERVICES OFFERED VIA FSM OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH FSM OR ANY LINKED SITE. THE COMPANY, OWNERS, AFFILIATES, AND PRODUCTS DOES NOT WARRANT THAT THE SERVICES, ANY OF THE FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES WARRANT THAT USER PARTICIPANT ACTIVITIES OR USE OF THE SERVICES ARE LAWFUL IN THE JURISDICTION OF THE MODOC TRIBE OF OKLAHOMA. YOU THE USER PARTICIPANT UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICE, YOU ARE AGREEING TO CONTRACT WITHIN THE JURISDICTION OF THE MODOC TRIBE OF OKLAHOMA AND WITH THE MODOC TRIBE OF OKLAHOMA BY PARTICIPATION, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL AND COMMERCIAL IN NATURE BY ACCESSING THE WEBSITE OR THE CONTENT. FURTHER, THE COMPANY AND ITS OWNERS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT FSM LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SERVICES AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS OWNERS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) FSM, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF FSM OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE FSM). IN NO EVENT WILL MODOC MTE, LLC, THE MODOC SPORTS COMMISSION, THE MODOC TRIBE OF OKLAHOMA, OR ITS AFFILIATES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. IN NO EVENT SHALL MODOC MTE, LLC, THE MODOC SPORTS COMMISSION, THE MODOC TRIBE OF OKLAHOMA, OR ITS AFFILIATES AND INDIVIDUALS BE LIABILE TO YOU FOR ANY AND ALL DAMAGES, LOSSES, OR CAUSES OF ACTION. MODOC MTE, LLC, THE MODOC SPORTS COMMISSION, THE MODOC TRIBE OF OKLAHOMA, OR ITS AFFILIATES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR USER PARTICIPANTION ACCESS TO AND USE OF FSM AND ITS SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SERVICE OR OTHER PROPERTY OWNED OR CONTROLLED OR RELATED TO FSM AND/OR ITS OWNERS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOADED INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEBSITE OR OTHER PROPERTY OR YOUR UPLOADED INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY STATE LAW AND YOUR SOLE REMEDY IS THROUGH THE MODOC SPORTS COMMISSION. ANY FILED CLAIM OTHERWISE NOT INCLUDED IN THIS AGREEMENT SHALL BE MADE TO THE MODOC SPORTS COMMISSION FOR REVIEW AND ANY REMEDY TO BE SOUGHT SHALL BE EXCLUSIVELY DETERMINED BY THE MODOC SPORTS COMMISSION. THE MODOC SPORTS COMMISSION RETAINS ALL JURISDICTION TO REVIEW AND ISSUE REMEDIES ASSOCIATED WITH FSM AS CITED IN THE MODOC TRIBE OF OKLAHOMA FANTASY SPORTS STATUTE (2015).
INTELLECTUAL PROPERTY RIGHTS
All of the content within and related to FSM, 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 Modoc MTE, LLC, subject to copyright and other intellectual property rights under United States. Content is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Modoc MTE, LLC, through the Modoc Tribe of Oklahoma reserves all rights not expressly granted in and to the services and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the services or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the services or the Intellectual Property therein.
Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, "User Submissions") to or through the Services. When you provide User Submissions, you grant to FSM, its owners, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sub-licensable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of FSM, its owners, the Modoc Sports Commission, and affiliates, regarding inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, "Prohibited Content"). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to FSM, may result in account suspension or termination.
FSM may refuse or remove a User Submission without notice to you. However, there is no obligation to monitor User Submissions, and you agree that neither we nor our owners, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.
You represent and warrant that you have all rights necessary to grant to FSM the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
MODOC SPORTS COMMISSION, CONSENT TO JURISDICTION IN THE MODOC TRIBE OF OKLAHOMA, ATTORNEY'S FEES
Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the services (including all commercial transactions conducted through the Website) ("Claims"), shall be settled by the Modoc Sports Commission, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to submit all Claims, you and Modoc MTE, LLC waive all rights to a trial by jury in any action or proceeding involving any Claim outside of the Modoc Sports Commission. The review of the Modoc Sports Commission is absolute and shall be made within the jurisdiction of the Modoc Tribe of Oklahoma, and judgment on the award rendered by the commissioner. This undertaking is made pursuant to and in connection with a transaction involving commercial activity as regulated by the Modoc Tribe of Oklahoma, and shall be governed by and construed and interpreted in accordance with the Modoc Tribe of Oklahoma Fantasy Sports Statute (2015) and at the sole discretion of the Modoc Sports Commissioner. This provision shall survive termination of this Agreement. Subject to the limitations set forth below, the commissioner shall have authority to award legal and equitable relief if available, provided that:
The commissioner shall have authority to award punitive damages; and any and all claims shall be resolved on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. Class action reviews are not available. You and FSM agree that the commissioner shall not be required to consider or arbitrate any Claim filed as a class action or in any other form as the right to class action has been waived, other than on an individual basis.
For any Claims that are or are not subject to arbitration: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the Modoc Tribe of Oklahoma, Modoc Sports Commission (the "Forum"), and the parties hereby waive any argument that any such forum does not have personal jurisdiction or subject matter jurisdiction and that the Forum is not appropriate or convenient; (b) you and FSM waive any and all rights to trial by jury with respect to any and all Claims.
In the event that either party initiates a proceeding involving any Claim other than in accordance with this Section, or initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this Agreement to provide an adequate resolution and the Forum to which the parties have herein agreed. Further, the hearing forum shall cease to entertain any such claim and transfer the claim to the Modoc Sports Commission for full and final review.
No professional or amateur sports league or any team associated with any professional or amateur sports league is presently associated with FSM or in any way affiliated or associated with the Contests.
Third-party online publishers that refer users to the FSM shall not be responsible or liable for the services or any of the content, software, or functions made available on, or accessed through, or sent from, FSM.
FSM AND OTHER TRADEMARKS CONTAINED WITHIN THE SERVICES PROVIDED ARE TRADEMARKS OF THE MODOC TRIBE OF OKLAHOMA LOCATED IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE WEBSITE.