Terms & Conditions
Welcome to Fan Report. Please read these Terms and Conditions before using Fan Report, signing up for its newsletters, or submitting content in any form or medium for use and/or publication by Fan Report. By continuing to use Fan Report’s site and/or newsletters, or by submitting content for use and/or publication by Fan Report, you agree to abide, and that you are bound, by these Terms and Conditions. Fan Report reserves the right to change these Terms and Conditions at any time, and you agree (including by virtue of your continued use of Fan Report’s site and/or newsletters) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality that augment or enhance Fan Report’s site and/or newsletters shall be subject to these Terms and Conditions. The most current version of these Terms and Conditions can be viewed at any time at www.fanreport.com.
1. Fan Report May Discontinue or Suspend Its Site and/or Newsletters or Terminate Your Use: Fan Report reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, its site (or any part thereof) and/or its newsletters with or without notice. You agree that Fan Report shall not be liable to you or any third party for any such modification, suspension or discontinuance of its site or newsletters. In addition, Fan Report reserves the right to terminate your access to its site and/or your receipt of its newsletters for any reason, and to take any other actions that Fan Report, in its sole discretion, believes to be in the best interest of its company and of its users as a whole.
2. Fan Report Has All Rights In Its Site and Content; You Grant Fan Report Certain Rights When You Submit Content to Fan Report:
(a) Fan Report’s site and newsletters (including all text, photographs, graphics, video and audio content contained on its site and in its newsletters) are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and Fan Report (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) has all rights therein. All individual articles, editorials, blogs, videos, content and other elements comprising Fan Report’s site and newsletters are also copyrighted works, and Fan Report (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) has all rights therein. You must abide by all additional copyright notices or restrictions contained on Fan Report’s site or in its newsletters.
(b) By posting or submitting content on or to Fan Report’s site and/or newsletters (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving Fan Report, and its affiliates, agents and third party contractors the right to display or publish such content on Fan Report’s site and in its newsletters and in other affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Fan Report does not claim ownership of such posted or submitted content, but rather the right to use such content as outlined herein.
(c) You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Fan Report to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by Fan Report and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by Fan Report and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Fan Report all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Fan Report or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business. Fan Report reserves the right to remove or not publish submissions without prior notice.
3. You Have Rights if You Believe Your Copyright is Being Infringed: If you are a copyright owner or agent thereof and believe that any of Fan Report’s content infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) to Fan Report’s Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the newsletter or URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Fan Report’s Copyright Agent can be reached as follows:
Law Offices Of Peter K. Moroh / Attn: Fan Report Copyright Agent
70 W Madison St, Suite 1400, Chicago, IL 60602
Tel: (312) 214-3241 Fax: (312) 896-5978
4. Your Use of Fan Report’s Content is Restricted:
(a) Unless expressly permitted in writing by Fan Report, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, use for commercial purposes, or in any way exploit any part of Fan Report’s site or newsletters, or any content therein, except as permitted under the last sentence of this Section 4(a). Without limiting the generality of the foregoing (but subject to the last sentence of this Section 4(a)), you may not distribute any part of this site or Fan Report’s newsletters, or any content therein over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as Fan Report from time to time excerpts materials from other sources in order to support the various articles and writings contained on its site and in its newsletters, Fan Report respects the right of others to make “fair use” of these materials; accordingly, you may from time to time excerpt and use materials set forth on Fan Report’s site and in its newsletters consistent with the principles of “fair use”.
(b) Fan Report is concerned about the integrity of its site and newsletters when viewed in a setting created by a third party that includes advertising or other materials that Fan Report has not authorized to be displayed with the content of its site or newsletters. Neither you nor any third party shall make use of the contents of Fan Report’s site or newsletters in any manner that constitutes an infringement of Fan Report’s rights, including copyright, or that has not been authorized by Fan Report in writing.
5. Fan Report is an Internet Service Provider and Fan Report is Not Responsible For and Does Not Necessarily Hold the Opinions Expressed by Its Content Contributors: Opinions and other statements expressed by users and third parties are theirs alone, not opinions of Fan Report. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through Fan Report’s site and newsletters, Fan Report is not undertaking any obligation or liability relating to the content. Fan Report and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor Fan Report’s site for inappropriate or unlawful content. Fan Report and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Fan Report reserves the right to block or remove communications, postings or materials at any time in its sole discretion.
6. You Will Be Responsible for Any Harm Fan Report Suffers as a Result of Your Violation of These Terms and Conditions or Any Breach by You of Your Representations and Warranties: You agree to indemnify and hold harmless Fan Report and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. Fan Report reserves the right to take over the exclusive defense of any claim for which Fan Report is entitled to indemnification under this Section 6. In such event, you shall provide Fan Report with such cooperation as is reasonably requested by it.
7. Your Use of Fan Report’s Site and/or Newsletters are Subject to Certain Disclaimers: FAN REPORT’S SITE AND NEWSLETTERS ARE AVAILABLE “AS IS.” FAN REPORT DOES NOT WARRANT THAT ITS SITE OR NEWSLETTERS WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, SCORES, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH FAN REPORT’S SITE AND NEWSLETTERS. FAN REPORT DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ITS SITE OR NEWSLETTERS OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH ITS SITE OR NEWSLETTERS. FAN REPORT DOES NOT MAKE ANY REPRESENTATIONS, NOR DOES FAN REPORT ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON ITS SITE OR IN ITS NEWSLETTERS OR AVAILABLE THROUGH LINKS ON ITS SITE OR IN ITS NEWSLETTERS. FAN REPORT RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON ITS SITE OR IN ITS NEWSLETTERS. ALTHOUGH FAN REPORT INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO ITS SITE AND NEWSLETTERS, FAN REPORT DOES NOT GUARANTEE OR WARRANT THAT ITS SITE OR NEWSLETTERS OR MATERIALS THAT MAY BE DOWNLOADED FROM ITS SITE ORNEWSLETTERS DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. FAN REPORT IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON FAN REPORT’S SITE OR NEWSLETTERS AND ANY MATERIALS AVAILABLE THROUGH ITS SITE OR NEWSLETTERS, YOU DO SO SOLELY AT YOUR OWN RISK.
FAN REPORT’S SITE AND NEWSLETTERS MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, SCORES, LINKS OR OTHER INFORMATION CREATED BY FAN REPORT OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON FAN REPORT’S SITE AND NEWSLETTERS IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING SCORES, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF GAMBLING OR SPORTS BETTING. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON FAN REPORT’S SITE OR IN ITS NEWSLETTERS, OR THROUGH LINKS ON ITS SITE OR IN ITS NEWSLETTERS, IS NOT ADOPTED OR ENDORSED BY FAN REPORT AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES
8. Fan Report is Not Responsible for Linked Sites: Fan Report is not responsible for the availability or content of other services that may be linked to its site or newsletters. Because Fan Report has no control over such services, you acknowledge and agree that Fan Report is not responsible for the availability of such external services, and that Fan Report does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that Fan Report shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
9. Fan Report’s Use of Information: By providing information to Fan Report, you grant permission for Fan Report to use such information in accordance with and subject to its Privacy Policy unless a restriction on such use is transmitted by you to Fan Report prior to such use (in which event Fan Report may deny your use of its site or newsletters).
10. Fan Report May be Legally Compelled to Disclose Certain Information: You agree that in the event Fan Report receives a subpoena issued by a court or from a law enforcement or government agency, Fan Report shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, e-mail address, username, name, IP location or other information in response thereto.
11. Fan Report’s Liability to You is Limited: Fan Report and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to Fan Report’s site or newsletters or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in its site or newsletters (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions). Any claim against Fan Report shall be limited to the amount you paid, if any, for use of its site or newsletters.
12. Any Dispute Between Us Will be Governed by Illinois Law: These Terms and Conditions shall be governed by the laws of the United States and the State of Illinois, applicable to agreements made and to be performed therein without regard to conflict of laws principles. If any provision of these Terms and Conditions is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of these Terms and Conditions will remain in full force and effect. The failure of Fan Report to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
13. California Users: Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights information: (a) Fan Report is owned and operated by Rooftop Ventures LLC, an Illinois limited liability company with its principal place of business at 1437 W Henderson St, #3, Chicago, IL 60657; (b) There is no charge to you for use of Fan Report’s site or receipt of receipt of its newsletters; (c) The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
14. Age of Majority: You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country, state and/or province in which you reside, and that you possess the legal right, ability and capacity to comply with and be bound by your responsibilities and obligations as stated in these Terms and Conditions.
BY CONTINUING TO USE FAN REPORT’S SITE OR NEWSLETTERS, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS.
Revised May 6, 2010




