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  • Terms of Use

    Fox Sports Interactive Media, LLC Terms and Conditions of Use

    Effective as of January 28, 2009

    OWNERSHIP

    Welcome to the web site at http://www.foxsports.com (the 'Site'). This Site is owned by Fox Sports Interactive Media, LLC ('FSIM') and operated by Fox Interactive Media, Inc., and materials on the Site are primarily owned or licensed by FSIM. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other legal right between the third party and FSIM. The services offered by FSIM include the Site, FSIM mobile services and any other features, content, or applications, offered from time to time by FSIM in connection with the Site (collectively, the 'Services').

    FSIM has created this Site for your personal enjoyment, entertainment and education. These Terms and Conditions of Use constitute a legal agreement ('Agreement') between you and FSIM and sets forth the terms for your use of the Site. Use of the Site is also governed by the FSIM Privacy Policy, which is incorporated into this Agreement by this reference. By using the Services, you agree to be bound by this Agreement. You are only authorized to access this Site or to use the materials and services contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave this Site immediately and discontinue use of the services provided on the Site immediately. If you wish to become a Member (a person who has registered for the Site) and make use of the Services, you must read this Agreement and indicate your acceptance during the Registration process.

    This Agreement includes FSIM's policy for acceptable use of the Services and Content posted on the Site, and your rights, obligations, and restrictions regarding your use of the Services. In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: http://msn.foxsports.com/feedback
    Subject: Terms of Use Agreement.

    FSIM may modify or amend this Agreement without notice at any time, and such modification will be effective upon posting by FSIM on the Site. Your continued use of the Services after FSIM posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

    FSIM reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. FSIM expressly reserves the right to remove your profile and/or restrict, suspend or terminate your access to any part of the Services if FSIM determines in its sole discretion that you have violated this Agreement or pose a threat to FSIM and/or the users of the Services.

    If you become aware of misuse of this Site by any person, or have any questions or comments regarding, or problems with this Site, please contact the Site Administrator at http://msn.foxsports.com/feedback with your concerns.

    MEMBERSHIP, ELIGIBILITY AND TERM

    By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation.

    When you sign up to become a Member, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify FSIM immediately at FIMPrivacy@fox.com if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

    This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Services. You may terminate your Membership at any time, for any reason, by emailing removeaccount@support.foxsports.com. FSIM may terminate your Membership at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect in its entirety.

    This Site is a general audience web site. Children under 13 are welcome to be visitors to the Site, but cannot register to use blogs, or to provide User videos and other content.

    ACCESS AND USE

    Materials contained in this Site ('Site Content') are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. FSIM grants you a limited, revocable, nonsublicensable license to reproduce and display the Site Content (excluding any software code) on your electronic device solely for your personal use in connection with viewing the Site and using the Services. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.

    The Services are for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by FSIM. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. FSIM reserves the right to take appropriate legal action for any illegal or unauthorized use of the Services.

    Except for Content posted by you, the reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, publication, display, sale or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of FSIM or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited.

    Also, except for Content you post, you are strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

    CONTENT POSTED ON THE SITE

    You are welcome to post, transmit or submit messages and other materials (which include uploading videos and other files, inputting data or any other materials, 'blogging,' or engaging in any form of communication in connection with this Site) (collectively 'User Content') to media libraries, bulletin boards, chat rooms or other public areas within, or in connection with, this Site (collectively 'Forums'). You are solely responsible for such User Content. FSIM accepts no responsibility whatsoever in connection with or arising from such User Content.

    FSIM does not endorse and has no control over User Content submitted by others to Forums. User Content submitted to Forums is not necessarily reviewed by FSIM prior to posting and does not necessarily reflect the opinions or policies of FSIM. FSIM makes no warranties, express or implied, as to such User Content or its accuracy and reliability. Nonetheless, FSIM reserves the right to prevent you from submitting User Content to Forums and to edit, restrict, delete or remove such User Content for any reason at any time.

    FSIM assumes no responsibility for actively monitoring Forums for inappropriate User Content. If, at any time FSIM chooses, in its sole discretion, to monitor the Forums, FSIM nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any User Content. You agree that FSIM accepts no liability whatsoever if it decides to prevent your Content from being submitted or if it edits, restricts or removes your Content.

    You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other users and for your interactions with other users. You agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site by any other person.

    You agree to release FSIM, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.

    PROPRIETARY RIGHTS IN CONTENT POSTED ON THE SITE

    FSIM does not claim any ownership rights in the User Content that you post to the Services. By displaying or publishing ('posting') any Content on or through the Services, you hereby grant to FSIM a non-exclusive, fully paid and royalty-free, worldwide, limited license, to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute, modify, and translate such Content, including without limitation distributing part or all of the Site in any media formats and through any media channels.

    You represent and warrant that: (i) you own the Content posted by you on the Site or otherwise have the right to grant the license set forth in this section, (ii) your Content does not violate the privacy rights, publicity rights, copyright, contract, intellectual property rights, or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Content you post on the Site.

    PROHIBITED CONTENT AND/OR ACTIVITY

    You must use the Services in a manner consistent with any and all applicable laws and regulations. The following are examples of the kind of Content that is illegal or prohibited on the Services. FSIM reserves the right to investigate and take appropriate legal action against anyone who, in FSIM's sole discretion, violates this provision, including without limitation, removing the offending Content from the Site and terminating the membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of FSIM:

    1. is patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    2. harasses or advocates harassment of another person;
    3. exploits people in a sexual or violent manner;
    4. contains nudity, excessive violence, or offensive subject matter, or contains a link to an adult web site;
    5. solicits personal information from anyone under 18;
    6. publicly posts information that poses or creates a privacy or security risk to any person;
    7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    8. involves the transmission of 'junk mail' or 'chain letters' or unsolicited mass mailing, instant messaging, 'spimming,' or 'spamming';
    9. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    10. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities, including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    11. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
    12. involves commercial activities and/or sales without our prior written consent from FSIM such as contests, sweepstakes, solicitation of donations, barter, advertising, or pyramid schemes; or
    13. violates the privacy rights, publicity rights, copyrights, trademark rights, or any other rights of any person.

      The following are examples of the kind of activity and communication that is illegal or prohibited on the Site and through the use of the Services. FSIM reserves the right to investigate and take appropriate legal action against anyone who, in its sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

    14. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    15. advertising to, or solicitation of, any user to buy or sell any products or services through the Services;
    16. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Services;
    17. activity that involves the use of viruses, bots, worms, or any other computer code files or programs, that interrupt, destroy, or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
    18. covering or obscuring the banner advertisements on Forums, or any FSIM page via HTML/CSS or any other means;
    19. any automated use of the system, such as, but not limited to, using scripts to send comments or messages;
    20. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
    21. impersonating or attempting to impersonate another user, person, or entity;
    22. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
    23. using any information obtained from the Services in order to harass, abuse, or harm another person or entity, or attempting to do the same; or
    24. using the Services in a manner inconsistent with any and all applicable laws and regulations.

    FANTASY GAMES

    All FSIM fantasy games and their components are offered for informational and/or entertainment purposes only and may not be used in connection with any form of gambling or wagering.

    FSIM and any third parties used to provide the fantasy games will use reasonable efforts to include accurate and up-to-date information, such as statistics, rankings, etc., however, neither warrant or make any representations of any kind with respect to the information provided to you. Neither FSIM or any of its providers shall be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available, and shall not be responsible or liable for any error or omissions in that information.

    All fantasy games and any related benefits are offered at the discretion of FSIM, and FSIM has the right to modify or discontinue, temporarily or permanently, any fantasy game, whether in whole or in part for any reason, with or without notice to you. You agree that FSIM will not be liable to you or to any third party for any modifications or discontinuance.

    If you witness any user activity in any FSIM fantasy game that violates this Agreement or the specific game rules then in effect, please notify us of such activity. FSIM does not guarantee that any action will be taken as a result of your notification, but it appreciates your assistance.

    To review the Fantasy Games Supplemental Terms of Use concerning the FSIM fantasy games, please click here: [http://msn.foxsports.com/id/9135972].

    UNSOLICITED SUBMISSIONS

    FSIM does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. FSIM's policy is to simply delete any such submission without reading it or forwarding it to other FSIM staff. Therefore, any similarity between an unsolicited submission and any elements in any FSIM creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.

    If unsolicited submissions are sent to FSIM via this Site, or through the Services however, these submissions become the property of FSIM and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as FSIM sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against FSIM, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

    EMPLOYMENT OPPORTUNITIES

    FSIM may, from time to time, post FSIM employment opportunities on the Site and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to FSIM in response to employment listings, you are authorizing FSIM to utilize this information for all lawful and legitimate hiring and employment purposes. FSIM also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Site shall constitute a promise by FSIM to interview, hire or employ any individual who submits information to it, nor shall anything in this Agreement or contained in the Site constitute a promise that FSIM will review any or all of the information submitted to it by users.

    LINKED SITES AND ADVERTISING

    If you are interested in creating hypertext links to this Site, you must contact Fox Sports Interactive Media, Business & Legal Affairs at 407 N. Maple Drive, Beverly Hills, California 90210, or via phone (310-969-7778); fax (310-969-7077) or e-mail at DMCA@fox.com before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or FSIM, including its respective employees, agents, directors, officers and shareholders.

    MEMBER DISPUTES

    You are solely responsible for your interactions with other Site Members. FSIM reserves the right, but has no obligation, to resolve or arbitrate disputes between you and other Members.

    DISCLAIMERS

    FSIM is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Services, whether caused by users of the Services or by any of the equipment or programming associated with or utilized in the Services and such User Content does not necessarily reflect the opinions or policies of FSIM. User Content on the Site may contain links to other web sites. FSIM is not responsible for the Content, accuracy or opinions expressed on such web sites, and such web sites are in no way investigated, monitored or checked for accuracy or completeness by FSIM. Inclusion of any linked web site on the Services does not imply approval or endorsement of the linked web site by FSIM. When you access these third-party sites, you do so at your own risk. FSIM takes no responsibility for third party advertisements which are posted on this Site or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. FSIM is not responsible for the conduct, whether online or offline, of any user of the Services. FSIM assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. FSIM is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall FSIM be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, from any Content posted on or through the Services, or from the conduct of any users of the Services, whether online or offline. The Services are provided 'AS-IS' and as available and FSIM expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FSIM cannot guarantee and does not promise any specific results from use of the Services.

    LIMITATION ON LIABILITY. IN NO EVENT SHALL FSIM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF FSIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FSIM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FSIM FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.

    U.S. EXPORT CONTROLS

    Software available in connection with the Services (the 'Software') is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

    DISPUTES

    The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You and FSIM agree to submit to the exclusive jurisdiction of the courts located within the State of California, County of Los Angeles, to resolve any dispute arising out of the Agreement or the Services.

    INDEMNITY

    You agree to defend, indemnify and hold FSIM, its parents, subsidiaries and affiliates and their respective employees, agents, partners, directors, officers and shareholders, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Site or through the Services causes FSIM to be liable to another.

    TERMINATION

    FSIM reserves the right to immediately terminate your use of, or access to, this Site or the Services at any time if FSIM decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that FSIM considers to be inappropriate or unacceptable.

    COPYRIGHT INFRINGEMENT

    If you believe that any material contained in this Site or the Services infringes your copyright, you should notify FSIM of your copyright infringement claim in accordance with the following procedure.

    FSIM will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is:

    Copyright Agent
    Fox Interactive Media
    407 N. Maple Drive, Suite 3116
    Beverly Hills, CA 90210
    Email: dmca@FOX.com
    Phone: (310) 969-7778
    Fax: (310) 969-7077

    To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

    1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
    4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
    5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
    6. A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    E-mails sent to DMCA@FOX.com for purposes other than communication about copyright claims may not be acknowledged or responded to.

    OTHER

    This Agreement is accepted upon your use of the Site or any of the Services and is further affirmed by you becoming a Member. This Agreement and any addendum to this Agreement such as contest rules constitute the entire agreement between you and FSIM regarding the use of the Services. The failure of FSIM to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

    COPYRIGHTS (C) / TRADEMARKS (tm) (C) 2009 Fox Sports Interactive Media, LLC. All trademarks are owned by Fox Interactive Media, Inc. and its related entities or are used under license. All rights reserved. All materials contained in FSIM's web sites are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained in FSIM's Sites are expressly prohibited.

  • Privacy Policy

    Fox Sports Interactive Media, LLC Privacy Policy

    Effective as of January 28, 2009

    Fox Sports Interactive Media, LLC. ("FSIM") operates, and Fox Interactive Media ("FIM") owns, the Internet Web site located at www.foxsports.com (the "FSIM Web Site" or the "Site"). FSIM is part of the News America Group, which has adopted a set of Privacy Principles available at http://www.newscorp.com/privacy.html applicable to all its U.S.-based companies. FSIM has implemented those Principles in this Privacy Policy, which describes how we collect, use and share personally identifiable information ("PII"-- your full name, email address, mailing address, telephone number or credit card number) we obtain from users of our Site. This Privacy Policy applies to the services offered by FSIM, including the FSIM Web site, the FSIM mobile services, and any other features, content, or applications offered from time to time by FSIM in connection with the FSIM Web site (collectively, the "Services").

    The FSIM Web Site is a general audience site, and FSIM does not knowingly collect PII from children under 13 years of age.

    From time to time FSIM may revise this Privacy Policy to reflect industry initiatives or changes in the law, our PII collection and use practices, the features of the Services, or technology. Your continued use of the Services after FSIM posts a revised Privacy Policy signifies your acceptance of the revised Privacy Policy. It is therefore important that you review this Privacy Policy regularly to ensure you are updated as to any changes. If FSIM materially changes its practices regarding collection or use of your PII, your PII will continue to be governed by the Policy under which it was collected unless you have been provided notice of and have not objected to the change.

    COLLECTION: COLLECTION OF PII BY FSIM.

    General. When FSIM collects PII from you it is because you are voluntarily submitting the PII to us in order to register for the FSIM Web site. FSIM may also collect PII from you if you choose to participate in FSIM's activities like sweepstakes, contests, games, and surveys, or because you want us to furnish you with products, services, newsletters, or information or in connection with content or suggestions you submit to FSIM for review. Required registration PII includes first name, last name, email address, screen name, country, zip and date of birth. Phone number and mailing address are optional. We may also obtain PII from reputable third parties.

    In addition, FSIM collects other non-PII including IP address, aggregate user data, and browser type. This data is used to manage and improve the Services, track usage, and for security and monitoring purposes.

    Cookies. Cookies are small bits of information that FSIM places on your computer. FSIM uses the cookies to identify your Internet browser, store users' preferences, and to determine whether you have installed the enabling software needed to access certain material on the Services.

    Third party advertisements displayed on the Services may also contain cookies set by Internet advertising companies or advertisers. FSIM does not control these cookies and users of the Services should check the privacy policy of the Internet advertising company or advertiser to see whether and how it uses cookies. See the "Notice" section below for more information on third party advertising. FSIM may use cookies and similar tools to relate your use of our Site to PII obtained from you or a reputable third party. For example, if you've asked us to provide you information about our upcoming products or promotions, cookie and/or click stream data about your activities on the FSIM Web site may allow us to limit the materials we provide you to items we think you will find interesting, based on your prior online activities and preferences. However, if FSIM wishes to combine your personal and cookie or click stream information in this manner, we will obtain your express affirmative consent.

    You can program your computer to warn you each time a cookie is being sent, block third party cookies, or block all cookies. However, by blocking all cookies you may not have access to certain features on the Services.

    NOTICE: FSIM WILL PROVIDE YOU WITH NOTICE ABOUT ITS PII COLLECTION PRACTICES

    When you voluntarily provide PII to FSIM, we will make sure you are informed about who is collecting the information, how and why the information is being collected and the types of uses FSIM will make of the information.

    At the time you provide your PII, FSIM will notify you of your options regarding our use of your PII. (See "Choice" below). Except as described in this Privacy Policy, FSIM will not share your PII with third parties unless you have given FSIM permission to do so. (See "Use" below).

    The Services may be linked to Internet sites operated by other companies. Some of these third party sites may be co-branded with the FSIM logo or an affiliated entity, even though they are not operated or maintained by FSIM (for example, co-sponsored chat pages, or advertising sponsor pages). The Site may also carry advertisements from other companies. FSIM is not responsible for the privacy practices of Web sites operated by third parties that are linked to or integrated with the Services or for the privacy practices of third parties or Internet advertising companies. Once you've left the Services via such a link or by clicking on an advertisement, you should check the applicable privacy policy of the third parties or advertiser site to determine how they will handle any PII they collect from you.

    The Services may also be linked to sites operated by companies affiliated with FSIM (i.e., that are part of the News America Group). Although all News America Group entities adhere to the group's Privacy Principles located at http://www.newscorp.com/privacy.html, visitors to those affiliated sites should still refer to their separate privacy policies and practices, which may differ in some respects from this Privacy Policy.

    Some of the advertisements that appear on the Site are delivered to you by third party Internet advertising companies. These companies utilize certain technologies to deliver advertisements and marketing messages and to collect anonymous information about your visit to or use of our Services, including information about the ads they display, via a cookie placed on your computer that reads your IP address. To opt out of information collection by these companies, or to obtain information about the technologies they use or their own privacy policies, please visit:

    http://www.networkadvertising.org/managing/opt_out.asp

    CHOICE: FSIM WILL PROVIDE YOU WITH CHOICES ABOUT THE USE OF YOUR PII

    Except as described in this Privacy Policy, FSIM will not use the PII you provide to us for purposes different from the purpose for which it was submitted, or share your PII with third parties that are not affiliated with FSIM (i.e., not part of the News America Group) without your permission.

    USE: FSIM'S USE OF PII

    FSIM will only use the PII you provide in a manner that is consistent with this Privacy Policy. If FSIM obtains PII from a third party, such as a business partner, our use of that information is also governed by this Privacy Policy.

    If you have consented to receive promotional materials from FSIM, FSIM may periodically use your email address to send you notifications related to the Services. If you want to stop receiving promotional materials from FSIM, you can change your settings by visiting http://msn.foxsports.com/register (must be logged in). You can also click the unsubscribe link at the bottom of each promotional email or email unsubscribe@support.foxsports.com.

    FSIM may share your PII with companies that are affiliated with us, that is, are part of the News America Group of companies or with FSIM's co-branded partners. We will not share your credit card information with third parties except those FSIM uses to perform tasks (such as order fulfillment and payment processing) required to complete purchases you make through the Site. FSIM employees, agents and contractors must have a legitimate business reason to obtain access to your PII. FSIM may share your PII with outside contractors, agents, or sponsors who help us manage our information activities (i.e., message boards, sweepstakes administration, order fulfillment, statistical analyses, data processing), or with outside contractors, agents, or sponsors who help us with administration, judging and prize fulfillment aspects of contest, promotions, and sweepstakes. These outside contractors may only use your PII to provide FSIM with a specific service and not for any other purpose without your consent. FSIM may also provide your PII to a third party in those instances where you have chosen to receive certain information and have been notified that the fulfillment of such a request requires the sharing of your PII.

    As described in the "Notice" section above, FSIM may customize the advertising and marketing messages you receive on the Site, or may work with outside companies to do so. Your non-PII may be shared with these companies so this customization can be accomplished. FSIM prohibits these companies from sharing your information with any third party or from using it for any other purpose other than targeting advertising on the Site.

    FSIM may aggregate PII and use it anonymously. Anonymous click stream, number of page views calculated by web beacons, and aggregated demographic information may also be shared with FSIM's advertisers and business partners.

    There may be instances when FSIM may access or disclose PII or non-PII without providing you with a choice in order to: (i) protect or defend the legal rights of FSIM, other companies within the News America Group or their employees, agents and contractors (including enforcement of our agreements); (ii) to protect the safety and security of users of the Services or members of the public, including acting in urgent circumstances; (iii) to protect against fraud or for risk management purposes; or (iv) to comply with the law or legal process. In addition, if FSIM sells all or part of its business or makes a sale or transfer of assets or is otherwise involved in a merger or business transfer, FSIM may transfer your PII to a third party as part of that transaction.

    SECURITY: FSIM PROTECTS THE SECURITY OF PII

    FSIM uses commercially reasonable administrative, technical, personnel and physical measures to safeguard PII in its possession against loss, theft and unauthorized use, disclosure or modification. In addition, FSIM uses reasonable methods to make sure that PII is accurate, up-to-date and appropriately complete.

    ACCESS, REMEDIES AND COMPLIANCE: HOW TO ACCESS, CORRECT OR CHANGE YOUR PREFERENCES REGARDING YOUR PII AND HOW TO CONTACT FSIM ABOUT PRIVACY CONCERNS

    Whenever possible, FSIM Members (people who have registered with FSIM) may review the PII that they have provided to us. We will take reasonable steps to correct any PII a Member informs us is incorrect. If you are a Member, you can view your PII and Member preferences and profile by accessing http://msn.foxsports.com/register (must be logged in).

    If you would like to communicate with us about this Privacy Policy or FSIM's collection and use of your PII, to review or correct your PII, or to stop all future communication from us, please contact FSIM at: FIMPrivacy@fox.com.

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