Table of Contents:
- GRANT OF A LIMITED LICENSE TO USE THE SERVICES
- USE OF THE SITE
- REGISTRATION DATA; ACCOUNT SECURITY
- FEES; CHARGES; TAXES
- OWNERSHIP, COPYRIGHT AND TRADEMARKS
- USER CONTENT
- USE OF INTERACTIVE AREAS AND THE SITE
- LINKS TO OTHER SITES
- ADVERTISEMENTS AND PROMOTIONS
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INTERNATIONAL USE
- POLICY FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
- APPLICABLE LAW AND VENUE
- QUESTIONS AND COMMENTS
Last Updated: March 20, 2013
2. GRANT OF A LIMITED LICENSE TO USE THE SERVICES
Except as otherwise provided for herein, Fantasy Aces grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Site and use the Services for your own non-commercial entertainment purposes. Such license is subject to your continuing compliance with these Terms and any other relevant Fantasy Aces policies, such as the Game Rules. This license is conditional upon the following: (i) you may not modify or otherwise make derivative works of the Site or the Services, or reproduce, distribute or display the Site or any Services (except for page caching) except as expressly permitted in these Terms; (ii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Site or Services; (iii) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Site or the Services other than for its intended purpose; and (iv) you agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation, those features that prevent or restrict the use or copying of any content).
Except as expressly permitted above, any use of any portion of the Site or Services without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your Account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. The license in this section is revocable by Fantasy Aces at any time.
You represent and warrant that your use of the Site and the Services will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
3. USE OF THE SITE
The Services offered on the Site includes free and paid fantasy sports contests. Residents of Alabama, Arizona, Delaware, Indiana, Iowa, Louisiana, Montana, Nevada, Hawaii, and Washington are only eligible to register for and play in free fantasy sports tournaments.
You may not use the Site in any manner that: (i) imposes an unreasonable or disproportionately large load on the Site's infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Site; (ii) introduces a virus or other harmful component to the Site; (iii) constitutes or contains false or misleading indications of origin or statements of fact including but not limited to impersonating any other person; (iv) contains any virus, trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine; (v) results in the transmission of any information, data, text, images, links, files, etc., except in connection with your authorized use of the Site and (vi) results in the harvesting of any information concerning other users of this Site.
Athletes may not participate in any FantasyAces contest in which they or any part of their team are available for selection.
By using the Site and any Services, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use, or such information is publicy available;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Multiple member account created under the use of the same person is prohibited and could be condisered fraud.
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content that, in the sole judgment of Fantasy Aces, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Fantasy Aces or its affiliates or its users to any harm or liability of any type.
- Deposit shall be made by valid payment method (acceptable to Fantasy Aces) at the time of deposit set forth on the Site. We accept payment via Paypal, MasterCard, American Express, and Visa. Withdrawals via Paypal will be processed within 24-48 hours of the users request for withdrawals. Withdrawal by check will take up to 15 days to process and will only be an option for withdrawals over $100.
- For members achieving net winnings totaling $600 or more within the calendar year, we require a social security number and valid personal information for tax filling purposes. * FantasyAces defines net winnings as (winnings - entry fees)
Finally, Fantasy Aces has a “zero-tolerance” policy towards SPAM: you may not use the Site to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Site you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.
Any use of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site.
FantasyAces reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information, if any. If you do not agree with the changes, you may cancel your Account with us without further obligation, except for any amount then due. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site. The Terms will always show the ‘last updated’ date. If you do not agree to any amended Terms, you must stop using the Site. If you have any questions about the Terms, please email us at support[at]FantasyAcestechnology.com.
The Services we provide through the Site are for your own use only. You may not resell, lease or provide them in any other way to anyone else.
5. REGISTRATION DATA; ACCOUNT SECURITY
Except as otherwise provided for herein, the Site is available to persons who are 18 years and older, who have properly registered and who have not been suspended or removed by Fantasy Aces for any reason and who are legal residents of one (1) of the fifty (50) United States (a "Account Holder").
You understand that your user name and profile picture will be publicly available and that search engines may index your user name and profile photo.
6. FEES; CHARGES; TAXES
Fees and any other charges for the use of the Site and Services are described on the Site. You agree to pay all amounts due for all purchases at this Site at the time you order. Prices may change from time to time. Payment for purchases made at the Site shall be made by valid payment method (acceptable to Fantasy Aces) at the time of purchase at the fee set forth on the Site.
If you believe that any billing or charge is incorrect, you must contact us within sixty (60) days of the billing period start date to be eligible to receive an adjustment or credit. Except as provided for herein, all payments made by you for services are non-refundable.
You and Fantasy Aces may terminate these Terms and your use of the Site at any time. If you terminate your use of the Site you must pay the fees then due.
You are responsible for all taxes applicable to the fees in any applicable jurisdiction.
7. OWNERSHIP, COPYRIGHT AND TRADEMARKS
In these Terms the content on the Site and Services, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Content provided by Users is called “User Content”.
User Content is that User’s property. FantasyAces ‘s only right to that User Content is the limited licenses to it granted in these Terms.
Other than the User Content, the Site, the Services, all Content and all software available on the Site or used to create and operate the Site is the property of FantasyAces or its licensors, and is protected by US and international copyright laws, and all rights to the Site, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by FantasyAces.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, and forms) of FantasyAces without the prior written consent of FantasyAces. You may not use any metatags or any other "hidden text" utilizing our name, trademarks, service marks, or trade names without the prior written consent of FantasyAces. You may not use our names, trademarks, service marks, trade names, logos, slogans, or proprietary graphics as any part of a link without the prior written consent of FantasyAces. Any unauthorized use terminates any license or permission granted by FantasyAces. Except as expressly stated above, nothing contained herein shall be construed as granting, by implication, estoppel or otherwise, any license or right to the content of the Site.
All FantasyAces trademarks, service marks, trade names, logos, slogans, and other identifying marks appearing on the Site are the sole and exclusive property of FantasyAces. You may not copy or use any of FantasyAces' marks or any marks confusingly similar to FantasyAces' marks without the prior written consent of FantasyAces, nor may you use FantasyAces' marks in any manner that discredits or disparages FantasyAces. All other trademarks not owned by FantasyAces that appear on the Site are the property of the respective owners, who may or may not be affiliated with, connected to, or sponsored by FantasyAces.
8. USER CONTENT
Your User Content is your responsibility. FantasyAces does not have a responsibility or liability for it, or for any loss or damage your User Content may cause to other people. You represent and warrant that you have all necessary rights to the User Content and that any use and/or display of the User Content will not violate any third party intellectual property right. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Site, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Site.
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site, and provide the Services provided by the Site, now and in the future.
You (a) grant FantasyAces and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, manufacture, commercialize and create derivative works from such User Content, in the manner in and for the purposes for which the Site from time to time uses such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Site; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
When your Fantasy Aces account is terminated, your User Content will shortly thereafter, not appear on the Site, except for User Content submitted to our forum or comments on our blog, which may remain on the Site after termination. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.
By entering a contest, you consent to the use of your name, voice, likeness, and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest, the Site and the Service, unless otherwise prohibited by law. Contest winners agree that, from the date of notification of their status as a potential winner, and continuing until such time when notified that they no longer need to do so, they will make themselves available to FantasyAces for publicity, advertising and promotional activities relating to the contest, the Site and the Services. FantasyAces reserves the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the contest. In all disputes arising out of the determination of the winner of any FantasyAces contest, FantasyAces is the sole judge and its actions are final and binding. You agree that FantasyAces may announce any winner's name on-air or on any of its websites at any time in connection with the marketing and promotion of any FantasyAces contests, the Site and the Services.
10. USE OF INTERACTIVE AREAS AND THE SITE
The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the Site (“Interactive Areas”). If FantasyAces provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any public area of the Site will be considered non-confidential.
11. LINKS TO OTHER SITES
The Site and Services may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. Third-Party Sites include payment processors and other payment intermediaries that you may use in connection with your use of the Site and Services. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. Fantasy Aces does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Fantasy Aces provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Fantasy Aces’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Fantasy Aces accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
12. ADVERTISEMENTS AND PROMOTIONS
FantasyAces may run advertisements and promotions from third parties on the Site and through the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than FantasyAces, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. FantasyAces is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site or through the Services.
13. WARRANTY DISCLAIMER:
The Site, the Content and the Services provided by the Site are provided to you on an “as is” basis without warranties from Fantasy Aces of any kind, either express or implied. Fantasy Aces expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Fantasy Aces does not represent or warrant that Site, Services or Content are accurate , uninterrupted, free of viruses or other harmful components, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the site, the services or the content or any portion thereof. Fantasy Aces does not represent or warrant that every action you take with regard to your Account and related activities in connection with the Site or Services will be lawful in any particular jurisdiction. It is incumbent on you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using the Site and Services.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL FANTASY ACES BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO UTILIZE ANY FEATURE OF THE SITE OR ANY SERVICES.
IN NO EVENT SHALL FANTASY ACES, ITS VENDORS OR ANY OTHER ENTITY AFFILIATED WITH FANTASY ACES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST DATA, OR LOSS OF USE) ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE SITE, ANY SERVICE, OR ANY INFORMATION CONTAINED WITHIN THE SITE OR STORED OR MAINTAINED BY FANTASY ACES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FANTASY ACES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF FANTASY ACES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL THE TOTAL LIABILITY OF FANTASY ACES, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, OR AFFILIATES, TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE OR ANY SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO FANTASY ACES IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID FANTASY ACES ANY AMOUNTS IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FANTASY ACES IS TO STOP USING THE SITE AND SERVICE AND TO CANCEL YOUR ACCOUNT.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL FANTASY ACES, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, OR AFFILIATES, HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF FANTASY ACES.
You shall defend, indemnify and hold harmless FantasyAces, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or their partners, and any of their successors or assigns, and any of their respective officers, directors, agents or employees (the “Released Parties”) from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of or relating to: (A) your or your Customer’s use of the Site, the Services or the Content; an (B) any alleged breach of these Terms by you.
Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any of the following ways. First, we may email you at the contact information you provide in establishing your Account. Second, we may post a notice in the dashboard area of your Account on the Site. Third, we may post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.
17. INTERNATIONAL USE
We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable and agree to indemnify FantasyAces and the other Released Parties for your failure to comply with any such laws.
18. POLICY FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any content has been posted on the Site in a manner that constitutes copyright infringement, please notify us by providing our designated Copyright Agent with the written information specified below:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work(s) claimed to have been infringed;
A description of the material on the Site that is claimed to be infringed 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;
Information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address;
A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement by you that the information in your notice to us is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Fantasy Aces’ designated Copyright Agent for notice of claims of copyright infringement is: firstname.lastname@example.org.
19. APPLICABLE LAW AND VENUE
The Site is controlled by Fantasy Aces and operated by it from its offices in California. You and FantasyAces both benefit from establishing a predictable legal environment in regard to the Site and Services. Therefore, you and Fantasy Aces explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the State of California and the federal laws of the United States of America applicable therein and you submit and consent to the exclusive jurisdiction and venue of the California State and Federal Courts located in Los Angeles, California. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. FantasyAces will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Terms.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. FantasyAces may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of FantasyAces, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and FantasyAces regarding your use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and FantasyAces regarding your use of the Site. FantasyAces in its sole discretion may amend this Terms, and your use of the Site and Serices after such amendment is posted on the Site will constitute acceptance of it by you. If any term in these Terms is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in these Terms are for convenience only and must not be given any legal import.
This Site may contain typographical errors or inaccuracies and may not be complete or current. On the Site some products may appear larger or smaller than their actual size. FantasyAces therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
21. QUESTIONS AND COMMENTS
If you have any questions regarding these Terms or your use of the Site, please contact us at: support[at]FantasyAces.com
Copyright 2013, Fantasy Aces, LLC.
All rights reserved.