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Game Play and Terms of Use Effective Date November 7, 2011 FANTASY BASEBALL MOCK DRAFTS COMPLETED WITHIN THIS PRODUCT ARE FOR ENTERTAINMENT AND PRACTICE PURPOSES ONLY, AND ARE SUBJECT TO THE TERMS OF USE BELOW. JOINING A 2012 CBSSPORTS.COM FANTASY BASEBALL LEAGUE WILL NECESSITATE COMPLETING ANOTHER DRAFT IN THAT LEAGUE IN ACCORDANCE WITH THE OFFICIAL RULES. ANY DRAFTS CONDUCTED VIA FANTASY BASEBALL MOCK DRAFTS WILL NOT BE CARRIED OVER INTO ANY OTHER TEAM OR LEAGUE. Game Play Mock Drafts Joining a Mock Draft Once you are in one of the Mock Draft lobbies, there will be multiple drafts to choose from. Standard Mock Drafts will be available to join every 5 minutes and Auction Mock Drafts will be available to join every 15 minutes. Mock Drafts will begin at the specified time, even if they are full before that time. If a mock draft is not full by the time listed in the "Mock Draft Details" page, the remaining empty spots will be drafted by a CBSSports.com Draft Robot according to our experts' projections. Types of Mock Drafts You can select to join any of these available draft types: AL-only, 10-team league, 5x5 Rotisserie scoring AL-only, 10-team league, Head-to-Head scoring AL-only, 12-team league, 5x5 Rotisserie scoring AL-only, 12-team league, Head-to-Head scoring NL-only, 10-team league, 5x5 Rotisserie scoring NL-only, 10-team league, Head-to-Head scoring NL-only, 12-team league, 5x5 Rotisserie scoring NL-only, 12-team league, Head-to-Head scoring Mixed Player pool, 10-team league, 5x5 Rotisserie scoring Mixed Player pool, 10-team league, Head-to-Head scoring Mixed Player pool, 12-team league, 5x5 Rotisserie scoring Mixed Player pool, 12-team league, Head-to-Head scoring Selecting a Draft Position Once you find a mock draft that best fits your description, click the Join Now link in order to select the draft position you'd like to draft from. You'll be able to select your draft position on the "Mock Draft Details" page. For instance, if you'd like to see what it would be like to draft from the 6th position, you can select "Join at this Position" on position #6. If a draft position is not available it will say ".Position Taken" and will not let you join at that specific position. Once you have joined a draft, you will be taken to the .Draft Details. page, where you will find a link to enter the draft room. Mock Draft Instructions During the Mock Draft, each team will have 60 seconds to select an MLB player. The order of the draft will be determined by which draft position each participant in the draft selected when joining the Mock Draft. Standard drafts will go through a .snake. order, meaning that the team with the last pick in the current round will have the first pick in the next round. The draft will continue for 24 rounds. In the draft room, you will be able to place MLB players into a Draft Queue -- which is simply a list in order of priority of players you are interested in picking with your next draft pick. When it is your turn to pick, you will have 60 seconds to draft a player. If the 60 seconds pass and you have not manually selected a player, the player ranked highest in your Draft Queue will be automatically drafted and your team will be placed on Autopilot. If the Draft Queue is empty, a pick will then be made from the Rank List. The Rank List will be provided by CBSI. You will not have the ability to make changes to the Rank List. Once the draft has been completed you will receive an email showing all the team rosters from your Mock Draft. You can also view all draft results by clicking on the Results link in the Mock Draft navigation bar from either of the Draft Lobbies. Auction Mock Draft Instructions Each team will begin the draft with a salary of $260. During the Mock Draft, each team will have 20 seconds to select an MLB player to be nominated to the auction block. The order of the draft will be determined by which draft position each participant in the draft selected when joining the Mock Draft. Auction drafts will go through a continuous order, and the current team that is on the clock to nominate a player will be seen to the far left of the Nomination Order area of the draft room. The nominated player will be on the auction block for 15 seconds, at which time the player will go to the team with the highest bid. The draft will continue with this auction format for 24 rounds. In the draft room, you will be able to place MLB players into a Draft Queue -- which is simply a list in order of priority of players you are interested in nominating to the auction block. When it is your turn to pick, you will have 20 seconds to nominate a player. If the 20 seconds pass and you have not manually selected a player, the player ranked highest in your Draft Queue will be automatically nominated for auction and your team will be placed on Autopilot. If the Draft Queue is empty, a nomination will then be made from the Rank List. The Rank List will be provided by CBSI. You will not have the ability to make changes to the Rank List. Once the draft has been completed you will receive an email showing all the team rosters from your Mock Draft. You can also view all draft results by clicking on the Results link in the Mock Draft navigation bar from either of the Draft Lobbies. Terms of Use CBS Interactive Inc. ("CBSI") provides the 2012 CBSSports.com Fantasy Baseball Mock Drafts Service (the "2012 BMD Service") to you ("you" or "your"), subject to the following 2012 CBSSports.com Fantasy Baseball Mock Drafts Terms of Use ("BMDTOU") which may be updated by CBSI from time to time without notice to you. It is important for you to refer to this BMDTOU from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this BMDTOU. You can review the most current version of this BMDTOU at any time at: http://cbs.sportsline.com/info/about/tos/bmd. Your use of the 2012 BMD Service constitutes your acceptance of this BMDTOU. 1. Definitions.
2. Term; Termination and Survival. This BMDTOU is effective as of the Effective Date and shall remain in full force and effect for the period the 2012 BMD Service is available on the CBS Sports Web Site, unless earlier terminated as provided herein (the "Term"). Sections 7 through 12 of this BMDTOU and other provisions which are set to survive the Term herein shall survive the termination of this BMDTOU. 3.Eligibility: In order to participate in the 2012 BMD Service, you must be a Registered User thirteen (13) years of age or older at the time of registration for the 2012 BMD Service. Residents of Maine under the age of 18 years of age will need parental consent 4. 2012 BMD Service.
5. License and Proprietary Rights.
6. Representations and Warranties.
7. Disclaimer of Warranties. THE 2012 BMD SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CBSI CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE CBSI SERVICE, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CBSI AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE 2012 BMD SERVICE; (B) THE CBS SPORTS CONTENT MADE AVAILABLE TO YOU THROUGH THE 2012 BMD SERVICE; (C) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE 2012 BMD SERVICE; (D) THE ABILITY OF THE 2012 BMD SERVICE TO WORK WITH ANY PARTICULAR CLIENT APPLICATION; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE 2012 BMD SERVICE. CBSI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE 2012 BMD SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE 2012 BMD SERVICE OR THE SERVERS THAT MAKE THE 2012 BMD SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CBSI DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE 2012 BMD SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE 2012 BMD SERVICE, INCLUDING, WITHOUT LIMITATION, THE CBS SPORTS CONTENT, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE 2012 BMD SERVICE, INCLUDING, WITHOUT LIMITATION, THE CBS SPORTS CONTENT. FURTHER, CBSI AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. CBSI AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE 2012 BMD SERVICE INCLUDING, WITHOUT LIMITATION, THE CBS SPORTS CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS BMDTOU. 8. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL CBSI AND ITS SUBSIDIARIES AND AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE 2012 BMD SERVICE, EVEN IF FORESEEABLE OR CBSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CBSI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID FOR THE 2012 BMD SERVICE. 9. Indemnity. You agree to defend, indemnify and hold harmless CBSI and its subsidiaries and affiliates with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this BMDTOU, including, without limitation, your use of the 2012 BMD Service, including, without limitation, the CBS Sports Content. Notwithstanding the foregoing, CBSI retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against CBSI herein under the terms and provisions of this Section 9 and in no event shall you settle any such claim without CBSI's prior written approval. 10. Binding Arbitration. The parties waive all rights to trial in any action or proceeding instituted in connection with this BMTOU and/or the 2012 BM Service. Any controversy or claim arising out of or relating to this BMTOU and/or the 2012 BM Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, in the City of New York, County of New York 11. Governing Law and Jurisdiction. S BMDTOU AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters subject to this BMDTOU the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the New York state and federal courts located in the City of New York, County of New York, and State of New York. The parties agree not to raise the defense of forum non conveniens. 12. Miscellaneous This BMDTOU contains the sole and entire agreement between the parties with respect to the use of the Commissioner and supersedes any and all other prior written or oral agreements between them. Captions contained in this BMDTOU are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this BMDTOU or the intent of any provision of this BMDTOU. It is the intent of the Parties that neither this BMDTOU, nor any covenant in this BMDTOU, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this BMDTOU. If any provision of this BMDTOU shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this BMDTOU. 13. Report Violations If you witness any user activity in the 2012 BMD Service that violates this BMDTOU, please notify us of the activity via the feedback form located at http://cbs.sportsline.com/help/contactus. CBSI cannot guarantee that any action will be taken as a result of your e-mail, but we appreciate your help in making the 2012 BMD Service an enjoyable experience for everyone. |
