This website is owned and operated by postgresPERT LLC (referred to as "postgresPERT," "we," "our," or "us,"). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY ASPECT OF the PlayThisGuy.com website (the "Site"). By using or accessing this website, you signify acknowledgment and agree to the terms and conditions of use ("Terms") set forth below. If you do not agree to these Terms, you may not access or otherwise use this website. Accessing this website in any manner constitutes use of the website and your agreement to be bound by these Terms. We may change these Terms at any time by updating this posting, and your use afterwards signifies your acceptance of the changed Terms. Please check these Terms periodically for changes.

Intellectual Property Rights

Our Limited License to You

This website and all the materials available on the website are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws. You agree that all the materials displayed on or available through this website, including without limitation any and all names, logos, data, images, information, graphics, video, audio, copy, text, underlying software, displayed on or available from this website, are protected by copyright, trademark and other intellectual property laws and are available for your personal use only. You may temporarily download onto a Single computer and/or print one copy of the materials posted on this website for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices.

Other than as expressly allowed in these Terms or with our express written permission, you may not copy, modify, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the website. For information about requesting permission to reproduce or distribute materials from the website, contact legal at playthisguy dot com. All rights not expressly granted herein are reserved. You acknowledge that downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you and such information, content or images may be used solely in accordance with these Terms.

Establishing a hypertext link to this website is permitted so long as the link does not state or imply any sponsorship of your site by us or by this website. You may not frame or inline link any of the website content, or incorporate into another website or other service any of our material, content or intellectual property without our prior written permission.

Your License to Us

By posting or submitting any material (including, without limitation, photos and videos) to us via this website, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. This grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark, patent or other intellectual property law under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. By using or accessing this website you consent that we may link to or access your web site and use information contained therein, provided that you may withdraw or limit such consent by ceasing to use or access our website accompanied by written notice of consent withdrawal sent to legal at playthisguy dot com.

Notice of Copyright Infringement

If you believe that any material contained in this website infringes your copyright, you should notify us of your copyright infringement claim in accordance with the following procedure:

Consistent with the Digital Millennium Copyright Act (DMCA) notifications of claimed copyright infringement should be sent to this website's Designated Agent as follows:

775 Lincoln Street, Waltham MA  02451

Fax: (781) 704-5367

To file a notice of infringement with us, you must provide a written communication by regular mail or by fax, not by email except with our prior written consent. Your written communication must set forth the items specified below. Please note that you may be liable for damages, including attorneys’ fees and costs, if you materially misrepresent that a product or activity is infringing your copyrights. For example, in the case of Online Policy Group v. Diebold, Inc., 337 F. Supp.2d 1195 (N.D. Cal. 2004), a company was required to pay such attorneys’ fees and costs after it sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine. That company reportedly paid over $100,000. Accordingly, if you are not sure whether material available at our website infringes your copyright, you should obtain proper legal advice.

The Digital Millennium Copyright Act (DMCA) requires that notifications of claimed copyright infringement should be sent to this website's Designated Agent as specified above. To be effective, the notification must be in writing and contain the following information: (i) physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) 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; (iii) 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 us to locate the material; (iv) information reasonably sufficient to permit us 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; (v) 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; and (vi) 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.

Links to Other Websites

We may provide links to other websites. We do not control these other websites or review their content and we are not responsible for the content or accuracy of the information or other material on these websites. Unless expressly stated on this website, the provision of a link to an external website does not constitute an endorsement or approval of that website or any of the products or services on that website. We will not be responsible for any damages or injury ariSign from your access to such sites or content. If you choose to leave the postgresPERT LLC website via links to other unaffiliated sites, including those of advertisers, we are not responsible for the privacy practices of those sites. We recommend that you carefully read the privacy policies as well as the terms of use for those websites before disclosing any of your personal information or uSign other websites, because they will differ from this website. Any sort of information posted on our site from other websites, persons or organizations should be checked for accuracy and timeliness at the sources themselves and no reliance should be placed on the same as it appears on our site.

Accounts

To access certain features of the website, such as, for example, entering contests, obtaining RSS feeds, receiving text messages on your mobile phone or subscribing to e-newsletters, we may ask you to create an account. If you choose to sign up for such features of the website which require an account, such as chat rooms, blogs or bulletin boards, you may also be asked to register with use and such registration may require you to provide personal information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the website. If we have reasonable grounds to suspect that such information is untrue, inaccurate, misleading or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof). Our use of any personal information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Content You Post On the Site

This website may at times provide opportunities to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials, "blogging," or engaging in any form of communications in connection with this website) to public areas within or in connection with this website. You are solely responsible for all such content. postgresPERT LLC accepts no responsibility whatsoever in connection with or arising from such content. We do not endorse or control the messages, information or files that you or others may provide through the website.

We have no obligation to monitor any blogs, bulletin boards, chat rooms or other areas of the website through which users can supply content. We reserve, however, the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion we view as objectionable or in violation of these Terms. We also reserve the right to deny access to the website or any features of the website to anyone who violates these Terms or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.

Limitation of Liability and Disclaimer

postgresPERT LLC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TIMELINESS, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. LIKE ANY MATERIALS, THE INFORMATION PROVIDED ON THIS SITE MAY BECOME OUTDATED OVER TIME. postgresPERT LLC UNDERTAKES NO OBLIGATION TO CORRECT OR UPDATE ANY CONTENT OR INFORMATION ON THIS SITE. postgresPERT LLC MAY MAKE IMPROVEMENTS AND/OR CHANGES IN CONTENT OR SERVICES ON THIS SITE AT ANY TIME WITHOUT NOTICE, AND RESERVES THE RIGHT TO ALTER OR DELETE CONTENT AND INFORMATION FROM THIS SITE AT ANY TIME. ALL postgresPERT LLC WEBSITE CONTENT IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USE AND ACCESSign THE SITE. NEITHER postgresPERT LLC NOR ANY AFFILIATE NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE WILL BE LIABLE FOR YOUR USE OF OR RELIANCE ON CONTENT CONTAINED ON THIS SITE UNDER ANY CIRCUMSTANCES, INCLUDING NEGLIGENCE. NEITHER SHALL postgresPERT LLC BE LIABLE FOR ANY INJURY OR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISign OUT OF CONTENT ON THIS WEBSITE, EVEN IF postgresPERT LLC IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL FANTASYPXERT LLC TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISign FROM OR RELATED TO THIS WEBSITE (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE.

You must provide and are solely responsible for all hardware and/or software necessary to access the website. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of that hardware and/or software.

postgresPERT LLC also assumes no responsibility ad shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browSign on the Site, which includes forums, blogs or downloading any Materials from the Site.

PlayThisGuy.com does not provide monetary gaming or gambling capabilities on its site. It is a sports information website.

Indemnification

You agree to defend, indemnify and hold harmless postgresPERT LLC and its affiliates together with their respective employees, agents, directors, officers and shareholders from and against all liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) ariSign in any way out of your use of this website; your failure to use this website; your breach or alleged breach of these Terms or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties. postgresPERT LLC reserves the right at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case you agree to cooperate with postgresPERT LLC’s defense of such claim.

Applicable Laws

Although this website is accessible worldwide, we control it from our offices in the United States and intend its contents only for residents of the United States. Nothing on this website should be interpreted as a promotion or solicitation for any product or service of any nature that is not authorized by the laws and regulations of the country where you are located. Persons who choose to access the Web Site from other locations do so on their own initiative, and they are solely responsible for compliance with local laws if such laws are applicable.

These Terms shall be governed by and construed in accordance with the laws of Massachusetts without giving effect to any principles of conflicts of law. You and postgresPERT LLC irrevocably consent to the exclusive jurisdiction of the courts located in Massachusetts in connection with any action ariSign out of or related to these Terms or their subject matter. You and postgresPERT LLC waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of any remaining provisions.

Termination

postgresPERT may terminate, modify, or discontinue any aspect of the Web Site or the Web Site’s services at any time for any reason whatsoever.

Our Privacy Policy

We regard your privacy as important. For more detailed information on how we collect and process your personal information, please refer to our Privacy Policy.

Last updated: Jun 28, 2010

Below you will find the Privacy Policy for PlayThisGuy.com (the “Site”) This Privacy Policy describes the types of information collected from you, what we do with it, and with whom we share it for this Site.

This Privacy Policy applies only to information collected by or through this Site. It does not apply to information obtained by other means. Your privacy is important to us. It is your responsibility to carefully review this Privacy Policy before providing any information through this Site, especially personal information. If you have any questions about this Privacy Policy or website, or if you wish to unsubscribe from website services for which you have previously registered, please contact us at legal at playthisguy dot com or write to us at 775 Lincoln Street, Waltham MA  02451.

Please review this Privacy Policy and the accompanying Terms of Use for the Site carefully. Your use of our websites signifies your agreement to the Privacy Policy and Terms of Use.

Information We Collect

Personal Data includes any information that can be used to identify a specific individual, such as your name, email address, home address, phone number, fax number and credit card information. We collect Personal Data whenever you visit the Site to, for example, register for certain services on-line; agree to participate in on-line surveys; request certain on-line information from us; participate in chat rooms, blogs or other user forums; or participate in on-line contests and promotions sponsored by us. We also may collect information when you purchase products or services offline, or register for wireless services via your cellphone or other wireless devices. Because participation in these activities is completely voluntary, the user has a choice whether or not to disclose this information. The type of information requested or collected by us includes user contact information (such as name and email address) and user demographic information (like gender or age). We may also obtain Personal Data from credit agencies or other reputable third parties.

Aggregate and anonymous data includes information that does not identify you specifically such as data collected automatically through operation of the Site (AA Data). Like many sites, the Site makes use of browser "cookies" or other similar technologies to collect AA Data. Cookies are files written to a user's hard disk and read by the server programs to inform a website if the user has previously visited that site. We use cookies to improve your user experience by delivering content specific to your interests, saving your password so you don't have to re-enter it each time you visit our sites, tracking progress and number of entries in activities that require registration or entry, such as sweepstakes and for other purposes. You can set your browser to reject cookies or to alert you when cookies are being used, but it is possible that some parts of the Site will not function properly if you do so.

Our Use of Your Information

We will use your Personal Data for the purposes for which it was provided. For example, if you provided Personal Data to enter a contest or sweepstakes, we will use it to register you and will use your contact information to notify contest winners and award prizes. We may also use your Personal Data to provide you with information about features, services and other offerings that may be of interest to you. Cookies and similar tools may be used to relate your use of the Site and AA Data to Personal Data obtained from you. If any AA Data is linked with Personal Data, the linked AA Data will then be treated as Personal Data.

AA Data collected through surveys will be used for purposes of reporting survey results and monitoring or improving the use and satisfaction of this site. We may also use Personal Data in aggregate form for purposes of research or analysis. In order to better understand and serve users of the Site, we may conduct research on customer demographics, interests and behavior based on Personal Data we gather. Although this aggregated data may be based in part on Personal Data, it does not identify you personally. We may share this type of AA Data with a variety of third parties, including affiliates, agents and current and prospective business partners.

We use AA Data collected from the Site for site administration, advertising and promotional purposes, and we may share such information with various third parties. For example, IP addresses are used to administer the Site and to provide AA Data to advertisers about the volume of use on the Site. We track and record IP addresses that access our site for reporting and profiling purposes only. We also gather anonymous browsing habits of our visitors better to identify content preferences. Clickstream data and demographic AA Data may be shared with our advertisers and business partners.

Disclosure of Personal Data

We reserve the right to share Personal Data with our affiliates. If you do not want us to share your Personal Data with our affiliates for their marketing purposes, you may opt-out of such sharing by contacting us at legal at playthisguy dot com.

We sometimes hire other companies to perform certain business-related functions on our behalf, such as hosting specific portions of the Site, maintaining databases, administering contests, providing wireless services and mailing information. When we hire a third party to perform these functions, that third party will only be provided with the Personal Data it needs to perform its function, and is required to afford the same level of protection to your Personal Data. We may also share Personal Data with pre-screened third parties for their marketing or promotional purposes. If you prefer that we not share your Personal Data in this way, you may opt-out of such sharing by contacting us at legal at playthisguy dot com. For third-party sponsored contests, sweepstakes or promotions, we may request Personal Data from you that may be shared with the sponsor.

Disclosure Exceptions

We may disclose Personal Data without providing you with a choice under the following limited circumstances: a) to protect the legal rights, privacy or safety of postgresPERT LLC and PlayThisGuy.com, or its employees, agents and contractors; b) to protect the safety and security of visitors to our Site or other properties; c) to protect against fraud or other illegal activity or for risk management purposes; d) to respond to inquiries or requests from governmental authorities; e) to permit us to pursue available remedies or limit the damages that we may sustain; f) to enforce our Terms of Use; or g) to comply with the law or legal process.

If PlayThisGuy.com or its affiliates make a sale or transfer of assets or is otherwise involved in a merger or business transfer, we may, in our sole discretion, transfer, sell or assign your Personal Data to a third party as part of or in connection with that transaction. Upon such transfer, the Privacy Policy of the acquiring entity will govern the further use of your Personal Data.

Third Party Advertising

The ads appearing on this Site are delivered to you by several third parties. These third parties’ websites and advertisers, or the advertising companies that work on their behalf, may use technology to send (or "serve") ads directly to your browser. We may also enter into agreements with outside companies that possess technology that allows the Site to customize the advertising and marketing messages you receive on the Site. This data (including clickstream data about your activities on our Site) may be shared with these companies for this purpose.

Third Party Cookies

In the course of serving advertisements to this site, a third-party advertiser may place or recognize a unique cookie on your browser, or use Javascript, Pixel Tags and other technologies to deliver advertisements, to collect information about the effectiveness of their advertisements, and to collect anonymous information about your visits to the site (but not your name, address or other Personal Data). While we use cookies in other parts of our Site, cookies received with these ads are not being collected by us and we do not have access to this information. If you would like more information about this practice and to know your choices about not having this information used by these companies, we suggest you visit www.networkadvertising.org.

Linking and Framing

This Site contains links to other sites. This Site is not responsible for the privacy practices or the content of such websites. Occasionally when linking to another site, you may still see our Site's logo or frame. This is to provide you with a seamless experience when visiting our Site. In these cases you are no longer on www.PlayThisGuy.com and are now on a different website whose information collection practices may differ from ours. These sites may send their own cookies to you and may collect data and make use of that data in ways that this Site would not. You should check the applicable privacy policy to determine how other sites will use the information collected from you.

Security

This site has reasonable security measures in place to protect the loss, misuse and alteration of the Personal Data under our control. Please remember that no transmission of data over the Internet is guaranteed to be safe from intrusion. Email may pass through many computer systems, and should not be considered as a secure means of communication unless encrypted. Even then, information is only as secure as the encryption method. Access to Personal Data is limited to a very small number of employees with a defined need and is password protected.

Choice/Opt-Out

You can use the Site without providing any Personal Data, but if you do not provide Personal Data, you may not be able to use certain services or features. Our Site provides users the opportunity to opt-out of receiving communications from us and our partners at the point where we request information about the visitor. You will also notice in all free email subscriptions generated from this website there is an unsubscribe link at the bottom of the message. Simply click on this link to go to a page that allows you to unsubscribe from any or all of the lists you are subscribed to. In addition to using the unsubscribe page, you can send an email to legal at playthisguy dot com or write to us at 775 Lincoln Street, Waltham MA  02451.

Correct/Update

If you desire to change or modify information previously provided you may email legal at playthisguy dot com. We will take reasonable steps to update or correct the Personal Data you share with us.

Children and Privacy

The Site is a general audience site and does not knowingly collect personally identifiable information from children under the age of 13 without verifiable parental consent. If you are under the age of 13, please do not provide personally identifiable information of any kind whatsoever.

Message Boards, Chat Rooms, Blogs and Other User Forums

Please remember that information posted to message boards, chat rooms, blogs and other user forums becomes public information. Use caution when posting. Please see our Terms of Use for the standards of behavior that must be followed when using these portions of the Site.

Applicable Law

We control and operate this Site from the United States. The Site is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Please note that we do not represent or warrant that the Site is appropriate for use in any particular jurisdiction. Those who choose to access the Site do so at their own initiative and are responsible for complying with all local laws, rules and regulations.

Contacting the Website

If you have any questions about this privacy statement, the practices of this Site, or your dealings with this website, you can contact us as follows: legal at playthisguy dot com.

Changes to This Policy

We may make changes to this policy from time to time. We will post changes to this policy here, so be sure to check back periodically. We will generally use information in accordance with the privacy policy under which the information was collected. If, however, we are going to use users' Personal Data in a manner different from that stated at the time of collection we will notify our users via email or by posting a notice on the site for 30 days.

Last updated: Jun 28, 2010