User agreement
PRIVACY POLICY
Before using this Site, please carefully study our Privacy Policy, which also governs your visit to the Site.
OWNERSHIP OF WEBSITE AND CONTENTS
Unless otherwise stated, all materials contained on the Empire of Sports Site, including the text, graphics, photographs, button icons, audio and video, digital downloads, data compilations and software, are copyrighted property owned by Phenomenon or licensed by Phenomenon from third-party providers. The trademarks displayed on this Site are trademarks or registered trademarks of Phenomenon and various third parties. All rights are protected under applicable copyright and trademark laws. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any permission, license or right to use any of the copyrighted property or trademarks without the written permission of Phenomenon. As a condition of your use of this Site, you agree that use of, participation in, or reliance on any content or feature of this Site confers no rights or expectations on your behalf. Phenomenon reserves the right, at its sole discretion, to modify, suspend or terminate any or all content or features of this Site without notice or liability of any kind to you. Phenomenon further reserves the right, at its sole discretion, to restrict or terminate your access to the Site without notice or liability of any kind to you and for any reason whatsoever.
MODIFICATION OF TERMS
Phenomenon reserves the right, at its sole discretion, to modify the Terms at any time and from time to time. You are responsible for regularly reviewing these terms, conditions and notices. Your continued use of this Site constitutes your acceptance of any modification that may be made.
PERSONAL USE ONLY
You may only use this Site for your personal entertainment, and not for any commercial purpose. By way of illustration, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, upload, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Site. The use of any such information, software, products or services on any other web Site or in any other environment of networked computers is prohibited.
UNLAWFUL OR PROHIBITED USE
You may not use this Site for any purpose that is unlawful, prohibited by the Terms, or in any way interferes or attempts to interfere with the proper working of this Site. You may not use this Site in any manner that could damage, disable, overburden, or impair this Site, or that interferes with any other party's use and enjoyment of this Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Phenomenon to all users of this Site.
USER ONLINE CONDUCT
This Site may contain bulletin board services, chat areas, news groups, forums, communities, or other communication facilities designed to enable you to communicate with others online. You agree to use the online facilities only to post, send and receive messages and material that are proper and related to the particular online facility. By way of example, and not as a limitation, you agree that you will not do, or attempt to do, any of the following:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, pornographic, hateful or unlawful name, material or information.
Upload files or post or transmit information protected by copyright, trademark, trade secret or other proprietary right, unless with the express written permission of the owner of such right.
Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software or programs that may damage the operation of this Site or another' person's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, disseminate or transmit "spam," unsolicited messages, chain letters, or unsolicited commercial email.
Falsify, modify or delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Engage in any other activity deemed by Phenomenon to be unacceptable, in conflict with the letter or spirit of this Agreement, or contrary to the expectations of Phenomenon and its site users.
Phenomenon has no obligation to monitor the online facilities provided on this Site. However, Phenomenon reserves the right to review materials and to remove, and if Phenomenon deems appropriate, turn over to law enforcement officials, any material, including messages, email, or online data, that is in violation of the Terms. Phenomenon reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Phenomenon sole discretion. You are advised to use caution when giving out any personally identifying information. Phenomenon does not control or endorse the content, messages or information found in any online facility on this Site and, therefore, Phenomenon specifically disclaims any liability with regard to such online facilities and any actions resulting from your participation in any online facility.
LOGIN AND PASSWORD
Some parts of the Site, such as the forums, may require you to open an account. If so, you will have to choose a login name and a password that are specific to your account (collectively referred to hereunder as "Password"), which you may change if you so desire. Your Password is to be kept confidential at all times, and you are solely responsible for the security of your Password and your account. You may not disclose your Password to anyone, or allow your Password to be used by anyone besides yourself. You are solely responsible for any and all activities that occur under your password. Any damage or harm that may result to you, Phenomenon or any third party due to your disclosure of your Password, or due to the discovery of your Password by a third party, is your sole responsibility.
LINKS
This Site may contain links to other web sites which are provided solely as a convenience to you and not as an endorsement by Phenomenon of the contents of such other web sites. Phenomenon shall not be responsible for the content of any other web sites and it makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
DOWNLOADABLE SOFTWARE
Software (if any) that is made available to download from this Site, excluding software that may be made available by end-users through an online facility ("Software"), is the copyrighted work of Phenomenon and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Phenomenon hereby grants to you, the user, a personal, non-transferable, non-exclusive license to use the Software for viewing and use in accordance with these Terms, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Software is owned by Phenomenon and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
SUBMISSIONS
Phenomenon is pleased to hear from you and welcomes your comments regarding the Site and its affiliates' services, products and the Site. Unfortunately, however, long-standing company policy does not allow Phenomenon to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. Phenomenon hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Phenomenon and its affiliates' professional staff might seem to others to be similar to their own creative work. Accordingly, Phenomenon must, regretfully, ask that you do not send Phenomenon any original creative materials such as game ideas or original artwork. While Phenomenon does value your feedback on our services and products, Phenomenon request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.
Any and all creative suggestions, ideas, notes, drawings, concepts or other information that you send to us, whether at our specific request or despite our request that you not do so ("Submissions") shall be deemed, and shall remain, the property of Phenomenon from the moment of creation. Accordingly, Phenomenon shall exclusively own all now known or hereafter existing copyrights and all other intellectual property rights to all Submissions of every kind and nature, in perpetuity, throughout the universe. To the extent that any of the above may be void or unenforceable, you agree that any and all Submissions are hereby irrevocably assigned to Phenomenon, together with all intellectual property rights therein. In any event, you agree that Phenomenon shall be irrevocably entitled to, throughout the universe and in perpetuity, use, reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, create derivative works from and distribute any Submission for any purpose whatever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the Submission. You also give up any claim that any use by Phenomenon and/or its licensee(s) of any Submission violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.
DISCLAIMER/LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF THE EMPIRE OF SPORTS SITE IS AT YOUR SOLE RISK. THIS SITE, ALL MATERIALS ON THIS SITE, AND ALL PRODUCTS AND SERVICES OFFERED VIA THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PHENOMENON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NEITHER PHENOMENON NOR ANY OF OUR RESPECTIVE AGENTS OR CONTRACTORS WARRANT THAT ANY FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER PHENOMENON NOR ANY OF OUR RESPECTIVE AGENTS OR CONTRACTORS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF SERVICES, PRODUCTS OR MATERIALS ON THIS SITE WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO YOUR SYSTEM. PHENOMENON DOES NOT WARRANT THAT YOU WILL BE FREE FROM THE BEHAVIOR OF OTHERS YOU MAY DEEM INSULTING, DEMEANING, OFFENSIVE, THREATENING, OBSCENE, LIBELOUS, DEROGATORY OR HARASSING WHILE USING THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL PHENOMENON BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY'S FEES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR MATERIALS OR FUNCTIONS ON THIS SITE, REGARDLESS OF WHETHER PHENOMENON HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT LIABILITY IS FOUND DESPITE THIS PARAGRAPH.
TERMINATION
You agree that Phenomenon, in its sole discretion, may terminate or restrict, without prior warning, your use or access to this Site (or any part thereof) for any reason, including, without limitation, that Phenomenon believes you have violated or acted inconsistently with the letter or spirit of these Terms, or the terms, conditions, rules of a sweepstakes, contest, or other promotion contained within the Site.
GENERAL
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
These terms shall be governed by and interpreted in accordance with the laws applicable in your country of residence.

