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Submission: On May 24 via manual from IN — Scanned from CA
Effective URL: https://www.fantrax.com/terms-of-service
Submission: On May 24 via manual from IN — Scanned from CA
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Skip to main content Skip to footer Fantrax Games Press Box Fantrax HQ Login SIGN UP TERMS OF SERVICE LAST UPDATE MAY 22, 2018 -------------------------------------------------------------------------------- Fantrax provides an interactive online service (the "Service" or “Company Service”) offered from time to time at https://www.fantrax.com. The Service offers users access to (i) information, software and other content owned or licensed by Company and third-parties ("Content Providers"), and (ii) merchandise and services offered by independent merchants ("Merchants") and Company. (collectively, the “Site,” or “Sites”). The Company Service is owned and operated by Fantrax (“Company”, “we” or “us”). Your use of the Company Service is subject to the terms and conditions set forth in these Terms of Service (the “Terms of Service”). PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE COMPANY SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS OF THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE COMPANY SERVICE. USE OF THE COMPANY SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE. 1. UPDATES TO TERMS OF SERVICE; INTEGRATION. We may, in our sole discretion, modify the Terms of Service via email or by posting notice on any part of the Company Service. The “Last Updated” date at the top the Terms of Service indicates when the latest modifications were made to the Terms of Service. By continuing to access and use the Company Service you agree to any such modifications. Therefore, you are responsible for reviewing and should become familiar with any such modifications. You are encouraged to review this Terms of Service periodically and to check the “Last Updated” date at the top of the Terms of Service for the most recent version. In addition, when using services or features on the Company Service, you will be subject to any posted guidelines or policies applicable to such services or features that may be posted from time to time, including but not limited to the Privacy Policy as noted below. All such guidelines or policies are hereby incorporated by reference into these Terms of Service. 2. TRANSLATION. We may translate these Terms of Service into other languages for your convenience. Nevertheless, the English version governs your relationship with Company, and any inconsistencies among the different versions will be resolved in favor of the English version. 3. SERVICE AVAILABILITY. The Company Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. If the Company Service were discontinued at any time, all data would be deleted pursuant to the discontinuation process. 4. PRIVACY POLICY. Use of the Company Service is subject to the terms of our Privacy Policy which is hereby incorporated into and made part of these Terms of Service. Please carefully review our Privacy Policy. By using or accessing the Company Service, you agree to be bound by the terms of our Privacy Policy. 5. AGE. This Service is meant for those at least thirteen (13) years of age for free leagues, and eighteen (18) years of age for any leagues where there is an entry fee and/or prizes. Use of the Service by anyone under these age minimums is a violation of the Terms of Service. 6. INTELLECTUAL PROPERTY. You acknowledge that all materials on the Company Service, including, but not limited to, the Website design, Application design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Company and/or its licensors, and are subject to and protected by United States and Canada and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners. Company authorizes you to view, download and/or print the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Company or the respective copyright owner. In the absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described in the Company Service are the sole property of Company and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Company and/or its licensors. Company reserves the right to enforce its intellectual property rights fully under the law. Your use of the Company Service is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein through the Terms of Service or otherwise. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the Company Service are either the property of Company, its affiliates or licensors. Company retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. All rights not expressly granted herein by Company to you are fully reserved by Company, its advertisers and licensors. Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Company Service may not be owned by us and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse the Company Service. 7. THIRD PARTY SITES & SERVICES. Links provided via the Company Service to Third-Party websites and services are provided only as a convenience. If you use these links, you may leave the Company Service. Company does not control nor endorse any such Third-Party websites. You agree that the Company Parties, as defined below, will not be responsible or liable for any content, goods or services provided by such Third-Party websites or for your use or inability to use such Third-Party websites. You will use such links at your own risk. You are advised that other websites on the Internet, including Third-Party websites linked from the Company Service, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Company expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any Third-Party website or in advertisements or content that Third-Party websites may have in the Company Service. Your interactions with organizations and/or individuals and Third-Party companies found on or through the Company Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree and acknowledge that Company shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with, or relating to, the products and services of a Thirty-Party. 8. USE OF THE SERVICE. You may be required to establish an account to use the Company Service and/or take advantage of certain features. "Account Holder" hereinafter means any person who establishes an authorized account ("Account") for access to and use of the Service. The right to use the Service is personal to the Account Holder and an Account Holder Account is not transferable. 8.1 The Company service is not available to individuals or entities that cannot represent and warrant the following. Company may require you to provide Company with proof that you are eligible to participate according to this Section 8 prior to receiving a prize. You hereby represent and warrant that: a) you are a natural person (corporate entities and similar organizations are not eligible to use the Company Service for any purpose) and are over the age of majority in your State, Province, or Territory of residence, and or are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Agreement and to abide by and comply with the terms of the Agreement. In any case, you affirm that you are over the age of 13, as the Company Service is not intended for children under 13; b) you are a citizen or lawful permanent resident of the United States of America or Canada and that you have an address in the United States of America or Canada, or you are a resident of another country where these types of skill games are legal; c) if you are physically located in the United States of America or Canada, that you reside in a jurisdiction in which use of any Company Service is not prohibited by applicable law; d) if you enter any Company contest in which there is an entry fee and a prize is awarded: i) YOU ARE NOT A RESIDENT OF ANY of the following states or provinces: Arizona, Connecticut, Delaware, Indiana, Iowa, Louisiana, Missouri, Montana, New Jersey, Pennsylvania, Tennessee, Vermont, Virginia, Washington, and Ontario. ii) you are not an amateur or professional athlete whose performance may be used to determine the outcome of a contest; iii) you are not a sports agent, team employee, referee, or league official associated with any sport or athletic event on which contests are based; iv) you are not an employee or family member or any employee of Company; e) you will abide at all times by the terms of the Agreement; If you do not meet the eligibility requirements of this Section 8.1, then do not use the Company Service. In addition to any other rights that Company may have in law or equity, Company reserves the right to suspend or terminate the account (and terminate, withhold or revoke any prizes associated with such account) of any purported user of the Company Service that does not meet the foregoing requirements. 8.2 If you do meet these eligibility requirements, you agree to: a. provide true, accurate, current and complete information about yourself as prompted by the Company Service; b. as permitted, maintain and promptly update such information. If you provide any information that is false, inaccurate or outdated, or Company has reasonable grounds to suspect that such information is false, inaccurate or outdated, Company has the right to suspend or terminate your account and prohibit all current or future use of the Company Service by you; and c. that your account is for your personal, non-commercial use only. By creating an account, you agree to receive certain communications in connection with the Company Service. d.not open more than one account per user or two accounts per computer/IP address. 8.3 You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account. Your account is meant to be private and you shall not share accounts for any reason. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via the Company Service, including charges resulting from unauthorized use of your account. You are responsible for ensuring that all use of the Service under the Account Holder's Account (i.e., use of the Service by any person using the Account Holder's ID and password) complies with the provisions of this Agreement and all operating rules. Access to and use of premium features or options of the Service is subject to posted terms and conditions. Unauthorized access to the Service or any premium feature or option is a breach of this Agreement and a violation of law and will result in the automatic termination of this Agreement and the rights granted hereunder and other legal consequences. Account responsible for, and assume all liability associated with, any material made available via the Service under the Account Holder's Account, including liability for claims of infringement, libel and slander. 8.4 You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with the Company Service. 8.5 You agree to use the Company Service only for lawful purposes and that you are responsible for your use of and communications and content you may post via the Company Service. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. You agree not to solicit personal information from minors. You agree not to use the Company Service in any manner that interferes with its normal operation or with any other user’s use of the Company Service. 8.6 You may not do any of the following while accessing or using the Company Service: a. access, tamper with, or use non-public areas of the Company Service, our computer systems, or the technical delivery systems of our providers; b. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; c. access or search or attempt to access or search the Company Service by any means other than through our currently available, published interfaces that are provided by us, unless you have been specifically allowed to do so in a separate agreement with us; d. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Company Service to send altered, deceptive or false source-identifying information; or e. disrupt or interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Company Service, or otherwise creating an undue burden on the Company Service. f.manipulate, abuse, or display behavior that may be interpreted as the use of unfair methods with respect to any Fee Tournament or the Company Service in any way, including, but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play, intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. "sandbagging") or deliberately transfer money between accounts (i.e. "money laundering"). g.use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Company Service. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Company Service. 8.7 You further agree that you will not access the Company Service by any means except through the interface provided by Company for access to the Company Service. Creating or maintaining any link from another application to any page at the Company Service without the prior authorization of Company is prohibited. Running or displaying the Company Service, or any information or material displayed via the Company Service in frames or through similar means on another website or application without the prior authorization of Company is prohibited. Any permitted links to the Company Service must comply with all applicable laws, rule and regulations. 8.8 Company makes no representation that Materials contained, described or offered via the Company Service are accurate, appropriate or available for use in jurisdictions outside the United States and Canada, or that these Terms of Service comply with the laws of any other country. Visitors who use the Company Service and reside outside the United States and Canada do so on their own initiative and are responsible for compliance with all applicable law. You agree that you will not access the Company Service from any territory where its contents are illegal, and that you, and not the Company Parties, are responsible for compliance with applicable law. 8.9 Your use of the Company Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. 8.10 You may not use the Service if you are a competitor of the Service, or if we have previously banned you from use of the Service or closed your account. 8.11 Furthermore, you herein agree not to make use of the Services for: a. uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable; b. causing harm to minors in any manner whatsoever; c. impersonating any individual or entity, including, but not limited to, any Company, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity; d. forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with; e. uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party; f. uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship; g. uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose; h. uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment; i. disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real-time interactions; j. interfering with or disrupting any of the Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any software and/or routine to bypass the robot exclusion headers; k. intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; l. providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Nationality Act; m. stalking or with the intent to otherwise harass another individual; and/or, n. collecting or storing of any personal data relating to any other user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs. o.taking any action that may undermine any Fee Tournament, content rating or comment systems (such as displaying, importing or exporting information off the Company Service, using information on the Company Service for purposes unrelated to the Company Service, or improperly manipulating or using the Tournaments, ratings and comment systems). 9. SUGGESTIONS AND IMPROVEMENTS. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Company and its users any claims and assertions of any moral rights contained in such Feedback. 10. CONTENT. 10.1 You shall retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Company, you hereby grant Company and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicenseable, and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the Company Service and Company's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Company Service (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You grant Company and its affiliates and sublicensees the right to use the name and/or likeness that you submit in connection with such User Submission if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. You also hereby grant to each user of the Company Service a non-exclusive license to access your User Submissions through the Company Service, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the Company Service and this Agreement. By accepting any prize from Company, you hereby grant Company a nonexclusive, perpetual license to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional or related purposes without any additional compensation. User Submissions may be copied, published, distributed or otherwise used by Company for any purpose without your permission. 10.2 User Submissions Representations and Warranties You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Company to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by Company and this Agreement, and to grant the rights and license set forth above, and (ii) your User Submissions, Company's use of such User Submissions pursuant to these Terms of Use, and Company's exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation. 10.3 User Submissions Prohibited Uses In connection with your User Submissions, you further agree that you will not publish, post, submit, transmit through or otherwise make available via the Service: (i) any material which violates or infringes in any way upon the rights of others, which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, harassing, harmful, hateful, racially or ethnically offensive, or otherwise objectionable or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or any right of privacy or publicity, or is otherwise inappropriate; (ii) without the express written consent of the owner thereof, any copyrighted material: (iii) without the express prior written consent of Company, any advertising or any solicitation with respect to any business, products or services; or (iv) User Submissions that would be harmful to minors in any manner. 10.4 Content Disclaimer You understand that when using the Company Service, you will be exposed to User Submissions and other content from a variety of sources ("Third-Party Content"), and that Company shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized Company spokesperson. Service advertisers, Content Providers, Account Holder, guests, independent writers and experts are not authorized Company spokespersons. At no time should the opinions, views, advice or statements provided by Service advertisers, Content Providers, Account Holder, guests, independent writers or experts be relied upon for important personal decisions without independent verification. Company is not responsible for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to such Third-Party Content. You further understand and acknowledge that you may be exposed to Third-Party Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company with respect thereto. Company does not endorse any User Submission or other Third-Party Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Company be liable in any way for or in connection with any User Submissions or other Third-Party Content, including, but not limited to, for any inaccuracies, errors or omissions in any Third-Party Content, any intellectual property infringement with regard to any Third-Party Content, or for any loss or damage of any kind incurred as a result of the use of any Third-Party Content posted, emailed or otherwise displayed or transmitted via the Company Service. 10.5 Monitoring Users and Content. You understand that all Third-Party Content is the sole responsibility of the person from whom such Third-Party Content originated. This means that you, and not Company, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit or otherwise make available through via the Company Service. Company does not control the Third-Party Content posted by users or otherwise made available by other persons and does not have any obligation to monitor such Third-Party Content for any purpose. If at any time, Company chooses, in its sole discretion, to monitor the Third-Party Content, Company nonetheless assumes no responsibility for the Third-Party Content, no obligation to modify or remove any inappropriate Third-Party Content, and no responsibility for the conduct of the person submitting any such Third-Party Content. You acknowledge that Company may or may not pre-screen User Submissions, but that Company and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Submission that is available via the Company Service. Without limiting the foregoing, Company and its designees may, at any time and without prior notice, remove any User Submission that in the sole judgment of Company violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any User Submissions or other Third-Party Content, including any reliance on the accuracy, completeness, usefulness or legality of such User Submission or other Third-Party Content. 10.6 Removal of Content Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Third-Party Content that is available on the Company Service in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind. Although Company does not and cannot review all Third-Party Content, Company shall be under no obligation to permit any material posted to remain on the Service and may refuse to display or remove from the Service for any reason or no reason at all. You acknowledge that any User Submissions may be edited, removed, modified, published, transmitted and displayed by Company in its sole and absolute discretion. 10.7 User Disagreements. You are solely responsible for your involvement with other users of the Company Service. If you have a dispute with one or more users, you release Company (and Company's officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 11. TERMINATION. You may terminate your use of the Company Service at any time. You agree that Company may terminate or suspend your access to all or part of the Company Service, with or without notice, in our reasonable discretion, at any time. Company reserves the right to modify or discontinue the Company Service (or any part thereof) with or without notice, at any time. Following the termination or cancellation of your subscription to the Company Service and/or your account, we reserve the right to delete all your data in the normal course of operations. 12. FEES, DEPOSITS AND WITHDRAWALS 12.1 Price and Payment Company may offer Premium Content, Subscriptions and Pay Leagues on a chargeable basis. Account Holders must provide Company with valid credit card information at the time of purchase or use their PayPal account. All fees will be charged at the standard fees in effect for that Premium Content, Subscription, or Pay Leagues at the time the fee becomes payable. Company will not automatically renew Premium Content, Subscription, or Pay League purchases. The Account Holder will be responsible for all charges incurred through use of the Account, including but not limited to charges incurred by any Immediate Family Member of the Account Holder. 12.2 Deposits and Withdrawals If a deposit is made and part or all or that amount is requested to be refunded, the funds can only be refunded back using the original method of payment for the deposit. This does not include prize winnings, which can be withdrawn via any of the available methods regardless of the deposit method. For example, if funds are deposited to your Company account via credit or debit card, they may not be refunded to a PayPal account. If funds are deposited from a PayPal account, they may not be refunded to a credit or debit card. 12.3 Company Treasurer: The Treasurer function is a service Company provides as a convenience to you and the other users in your leagues. The purpose of the service is to facilitate the collection and dispersion of league funds among friends playing in a fantasy league together. It is solely the responsibility of your "League Treasurer", which is the person in your league that the commissioner chose to perform this task (or can be the commissioner himself) to decide who receives funds at the end of your league's season. Company is not responsible for determining which participants receive funds at the conclusion of your league. Any disputes about funds transferred in connection with the Treasurer function must be directed to the league treasurer. Any disputes about the rules or regulations of your particular league must also be directed to and addressed by the league treasurer. The league commissioner has complete discretion to change the rules of the league whether you use the Treasurer function or not. You agree that Company has no liability for any fees that arise out of any dispute whatsoever with one or more users in the league. In the event that a dispute cannot be resolved within your league, Company in its sole discretion may choose to take any action, or inaction, as it deems appropriate. 12.4 Eligibility. You agree to only use the Company Treasurer if your league abides by the Unlawful Internet Gambling Enforcement Act of 2006, which states: All prizes and awards offered to winning participants are established and made known to the participants in advance of the game or contest and their value is not determined by the number of participants or the amount of any fees paid by participants.All winning outcomes reflect the relative knowledge and skill of the participants and are determined predominantly by accumulated statistical results of the performance of individuals (athletes in the case of sports events) in multiple real-world sporting or other events.No winning outcome is based: a) On the score, point spread, or any performance or performances of any single real-world team or any combination of such teams; b) or solely on any single performance of an individual athlete in any single real-world sporting or other event." 12.5 Unauthorized credit card use. Any attempt to defraud Company through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment will result in immediate termination of your Account, forfeiture of any prizes to which you are otherwise entitled, and active pursuit of civil litigation and/or criminal prosecution 13.REPRESENTATIONS. You expressly represent, warrant, and/or acknowledge that: 13.1 Company does not warrant or guarantee the suitability or availability of any Material or Content, including without limitation any, data, products or services, found through the Company Service. 13.2 Company does not screen the authenticity or quality of any Material or Content or any provider of Material or Content, including, data, products or services found through the Company Service. 13.3 Company makes no representations or promises regarding any Material or Content, and that many of the Material or Content provided via the Company Service may be owned or licensed by third parties. 13.4 You are of legal age to form a binding contract and are at least eighteen (18) years of age or you have the authority of such legal entity to form a binding contract; all registration information you submit is accurate and truthful; you will maintain the accuracy of such information; and you are legally permitted to use and access the Company Service and take full responsibility for the selection and use of and access to the Company Service. 14. DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE. 14.1 It is Company's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Company will promptly terminate without notice any User's access to the Company Service if that User is determined by Company to be a "repeat infringer." A repeat infringer is a User who has been notified by Company of infringing activity violations more than twice and/or who has had a User Submission or any other user-submitted content removed from the Company Service more than twice. 14.2 Procedure for Notifying the Company of Copyright Infringement. Those who believe that their copyrighted work has been infringed or are aware of other infringing material, should contact our Copyright Agent at the address listed below and provide us with the following information: a. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed. b. Identification of the copyrighted work claimed to have been infringed. c. Information describing where the allegedly infringing material is located on the Company Service. d. Your address, telephone number, and email address. e. A written 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. f. A statement by you that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf. The foregoing information may be emailed or mailed to our Copyright Agent at the addresses listed at the end of this Terms of Service. Following receipt of the information listed above, we will remove or disable access to the infringing material and take reasonable steps to notify the user responsible for posting said material. The posting of infringing copyrighted material may result in the termination of user privileges of such user. If you believe that your copyright has been infringed on the Company Service, please send a "DMCA" compliant notice to support@fantrax.com 15. WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE COMPANY SERVICE IS AT YOUR SOLE RISK. THE COMPANY SERVICE AND THE ASSOCIATED MATERIALS AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, COMPANY, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “COMPANY PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY PARTIES MAKE NO WARRANTY THAT: (I) THE COMPANY SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE COMPANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED VIA THE COMPANY SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY AND ALL PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL, INCLUDING ALL MERCHANDISE, GOODS AND SERVICES, OBTAINED OR PURCHASED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE COMPANY SERVICE WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE COMPANY SERVICE WILL BE CORRECTED. THE COMPANY PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE COMPANY SERVICE, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION OR ANY ‘BUG’ OF THE COMPANY SERVICE; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE COMPANY SERVICE; (V) FOR ANY DISPUTES BETWEEN USERS OF THE COMPANY SERVICE OR BETWEEN A USER OF THE COMPANY SERVICE AND A THIRD PARTY; OR (VI) FOR ANY OTHER MATTER RELATING TO THE COMPANY SERVICE OR ANY THIRD PARTY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES THE COMPANY PARTIES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE COMPANY SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE CHARGES PAID BY YOU DIRECTLY TO COMPANY VIA THE COMPANY SERVICE FOR SERVICES PROVIDED SOLELY AND DIRECTLY BY COMPANY TO YOU IN THE SIX MONTHS PRIOR TO SUCH CAUSE OR CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” 16. INDEMNIFICATION. You agree to indemnify, defend and hold harmless the Company Parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of the Company Service, any activity related to your account by you or any other person permitted by you, any Content that you submit to, post on or transmit through the Company Service, your breach of these Terms of Service, your infringement or violation of any rights of another, or termination of your access to the Company Service. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us. 17. NOTICE TO CALIFORNIA USERS. As required by California Code Section 1789.3, this notice is to advise you of the following: a. Company.com is a service provided by Septillium LLC., 301 South Hills Village Drive, Suite LL200-450, Pittsburgh, PA 15241. TEL: 1-800-275-3729. b. The fees and charges for the Service vary depending on the premium features and tournaments selected by the Account Holder. Company reserves the right to change the amount of any fee or charge and to institute new fees or charges at any time. c. If you have a complaint regarding the Service or desire further information on use of the Service, contact Company by telephone at 1-800-275-3729. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254. 18. MISCELLANEOUS. These Terms of Service constitute the entire agreement between Company and each user of the Company Service with respect to the subject matter of these Terms of Service. a) Entire Agreement; Modification. This Agreement sets forth the entire agreement and understanding of the parties hereto concerning the subject matter hereof. No modification hereof shall be binding upon the parties hereto except by written instrument. b)Invalidity of Particular Provisions. If any term or provision of this Agreement or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the other terms of this Agreement, or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. c) The failure of the Company to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service. You may not assign your obligations or rights hereunder to another entity or individual. We may transfer, assign or delegate these Terms of Service and its rights and obligations without your consent. d) The terms of this Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any assignment attempted to be made in violation of this Agreement shall be void. e) We shall have no liability to you hereunder if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm. f) No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind us in any respect whatsoever. g) No action arising out of these Terms of Service or your use of the Company Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). 19. FREE SWEEPSTAKES From time to time Fantrax may offer free sweepstakes entries. No purchase is necessary to enter or win, and a purchase does not increase the chances of winning. FANTRAX GAMEDAY EXPERIENCE SWEEPSTAKES How to Enter: Fantrax users will automatically be entered by creating a new; or renewing an existing, 2021 NFL fantasy football league for free. No purchase is necessary. The entry must fulfill all sweepstakes requirements, as specified below, to be eligible to win the prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Fantrax. Individuals may have multiple entries if qualifications are met. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission will be removed from eligibility. Eligibility: Sweepstakes (the "Sweepstakes") is open only to those who create a new NFL fantasy football league, join an active NFL fantasy football league, or renew a previous active NFL fantasy football league with Fantrax. All members must have been invited into the league by the creator (commissioner) and/or other active league members. Individuals must be at least 18+ years old at the time of entry. The sweepstakes is open to the legal residents of the United States and Canada, excluding Quebec, and is void where prohibited by law. Employees of Fantrax and their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. Inactive leagues will be excluded from the sweepstakes. The determination of activity is at the sole discretion of Fantrax. The Sweepstakes is subject to all applicable federal, state/province and local laws and regulations. Void where prohibited. Sweepstakes Period: Entries will be accepted online starting on July 30, 2021 at 12:00 AM and ending Sept 8, 2021 at 8:20 PM. All times are (EST) Eastern Time (US & Canada). Renewed NFL fantasy football leagues from past years for the upcoming 2021-2022 NFL season, as well as any new NFL 2021 leagues that qualify, will automatically be included in sweepstakes. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Fantrax, as final and binding as it relates to the content. Odds: The odds of winning depend on the number of eligible entries received. Prizes: The maximum cost of the prize cannot exceed $12,000 USD. You are not guaranteed to win a prize and your chance of winning is dependent on the total number of eligible entries received. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Fantrax. No cash or other prize substitution permitted except at the sole discretion of Fantrax. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, state, and local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for Fantrax to use winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law. Winner selection and notification: Winners of the Sweepstakes will be selected in a random drawing by Fantrax. Random Drawing to take place during the week of Sept 20th, 2021. Winners will be notified via e-mail to the e-mail address attached to the Fantrax accounts of the users in the winning league within two (2) days following the winner selection. Fantrax shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 5 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected. The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state/province laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT FANTRAX'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED. Rights Granted by you: By entering you understand that Fantrax, anyone acting on behalf of Fantrax, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner's name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation. Terms: Fantrax reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Fantrax may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Fantrax. Fantrax reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions. Fantrax has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void entries for any reason, including, but not limited to; inactive leagues, the use of bots, macros or scripts or other technical means for ineligible entering. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, Fantrax reserves the right to seek damages from any such person to the fullest extent permitted by law. Limitation of Liability: By entering you agree to release and hold harmless Fantrax and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant's participation in the sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Youtube, Instagram, Pinterest, LinkedIn, the NFL or Google. You understand that you are providing your information to the owner of this sweepstakes and not to Facebook, Twitter, Youtube, Instagram, Pinterest, LinkedIn, the NFL or Google. 20. APPLICABLE LAW AND JURISDICTION. Your use of the Company Service is governed by and will be enforced under the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the jurisdiction noted above. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. Any controversy, claim, suit, injury or damage arising from or in any way related to the Company Service or these Terms of Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect and before a single arbitrator chosen by Company. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. Company may seek any interim or preliminary relief from a court of competent jurisdiction in the State listed above necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF THE COMPANY SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. 20. CUSTOMER SERVICE. If you have any comments or questions regarding these Terms of Service or wish to report any violation of these Terms of Service, you may contact us at the addresses below. Email Address: support@fantrax.com The Home of Fantasy Sports Support & FeedbackFAQ & HelpForumsFeature Comparison MLB Formula 1 NFL NCAAF NHL NBA Premier League NASCAR PGA NCAAB AboutContactTermsPrivacyResponsible Play * PayPal * American Express * Visa * Discover Network * Mastercard * FSTA Fantrax - The Home of Fantasy Sports © 2008-2023 Fantrax All Rights Reserved. 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