Terms & Conditions
Welcome to our Sports Draft Daily website (the “Website”) and thank You for reviewing our Terms and Conditions. We hope that you will enjoy this Website. The Website is owned and operated by Sports Draft Daily, LLC (the “Provider”) and its subsidiaries and affiliates. Use of the Website is subject to the Terms and Conditions set forth below. The Terms and Conditions spell out what You can expect from us and what we expect from You.
Acceptance of the Terms and Conditions
Please read the following Terms and Conditions carefully. If You do not agree to the Terms and Conditions, do not use this Website. Each visitor to the Website (a “User or You”) who accesses this Website and checks the “I Accept” box or uses, downloads in any way, without limitation, any information, communications, files, text, graphics, software, and audio/visuals files (collectively the “Service”) from this Website, or merely browses this Website, agrees to and is bound by these Terms and Conditions.
Provider reserves the right, in its sole and absolute discretion, to refuse Service and access to any potential User. Provider reserves the right to amend the Website’s Terms and Conditions at any time. In the event we do so, we will post the changes on this page and the date of the changes at the top of this page. Your continued use of the Website following such modifications signifies Your acceptance of those modifications.
To be eligible to register and create an authorized player account (“Account”), You must be at least eighteen (18) years of age (or have reached the age of majority in the Jurisdiction in which You reside, if greater) and a legal resident of the Unites States, including the District of Columbia, and may not be a firm, business entity or institution. Employees, officers, directors, investors, agents, and representatives of Provider and their parent, affiliates and subsidiaries, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household as such and sponsors and affiliates and advertising and promotion agencies of the Provider are NOT eligible to use or create an Account on the Website.
You must create an Account in order to become a User and enter Games or Tournaments on this Website.
Service Not Available In Certain Jurisdictions
You are subject to the laws of the state, city, country or other legal entity (collectively “Jurisdiction”) in which You reside and/or from which You access the Website and the Service. Residents of Arizona, Iowa, Louisiana, Montana, Vermont, Maryland, and Puerto Rico, and the Province of Quebec are NOT eligible to participate in any of the Games, Contests, or Tournaments on the Website. The Website is void where prohibited or restricted by law, and the Provider reserves the right to deny access to the Website to anyone at its sole discretion. By creating an Account, You represent that Your participation in the Website is subject to all the laws of the Jurisdiction in which You reside and from which You access the Website and are solely responsible for obeying those laws. If You open an Account/and or participate in any Tournament offered on this Website while located in a prohibited Jurisdiction, You will be in violation of the law of such Jurisdiction and these Terms and Conditions, and subject to having Your Account suspended or terminated. Additionally, all Your winnings, if any, may be voided at the sole discretion of the Provider. You hereby agree that the Provider cannot be held liable if laws applicable to You restrict or prohibit Your participation in the Activities available on the Website. Provider makes no representations or warranties, implicit or explicit, as to Your legal rights or restrictions with respect to Your participation in any Tournament offered on this Website nor shall any person affiliated or claiming affiliation with the Provider have authority to make any such representations or warranties.
Provider may require any participant receiving any winnings to provide proof that he or she is eligible to participate as specified above.
In order to participate in any Game or Tournament on this Website (“Game”) (“Tournament”) You will need to create an Account. When you create Your Account, You represent that You are at least eighteen (18) years of age and are not a person barred from receiving services under the laws of the United States or other applicable Jurisdiction. You agree to
- provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
You may modify Your Registration Data in your Account settings. If you provide any information that is untrue, inaccurate, not current or incomplete, or Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Provider has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof). You are responsible for paying all charges (plus applicable taxes) associated with the use of the Service under Your Account.
To create an Account, You will need to select a unique username and password (“Identifiers”). Usernames may not be derived either from email addresses or Internet sites, may not infringe upon the rights of third parties, and may not violate any rules of good conduct. For security reasons, passwords must differ from usernames and may be changed whenever You deem necessary. Passwords should not be sequences of consecutive numbers (i.e.”2345678”) or letters (i.e.: “ABCDEFG”). More specifically, a secure password should contain a combination of numbers, letters and, when possible, special characters. Passwords should be kept secret and periodically changed (every 2 months at the latest). Provider will not give Your password to any third party unless required to do so by law. Provider will never ask You for Your password via telephone or email.
Once You have selected the Identifiers for Your Account, it is Your responsibility to keep these Identifiers secure and confidential. Some or all of these Identifiers are required to access certain areas of the Website. In the event that You are concerned that Your Identifiers are no longer secure and confidential, You should immediately notify Provider by sending an e-mail to firstname.lastname@example.org, whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of Provider.
You may be required to confirm Your identity and personal information by providing additional verification documents as reasonably requested by the Provider. Your inability to provide such verification documents could result in Your access to the Website being suspended and all funds being locked to allow for further investigation. Without limiting the foregoing, any transactions made and accepted on the Website where Your Identifiers have been used and where You have not previously notified Provider as provided herein will be treated as valid and You will be responsible for the same, including any expenses incurred; Provider will not issue any form of compensation.
Only one Account is allowed per person. Your Account is not transferable. Under no circumstances shall You allow or permit any other person or third party, including without limitation any person under the legal age to participate in a Tournament in Your applicable Jurisdiction, and in no event any person under the age of thirteen (13) years, to use or re-use Your Account or Your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section might be reported to the relevant authorities.
All references to dollars or “$” on the Website are references to US dollars (USD). All transactions (including entry fees, deposits and withdrawals) will be denominated in US dollars unless otherwise expressly stated. If You make a deposit that is denominated in a currency other than US dollars, please be aware that the funds will be converted into US dollars by our Payment Processors or Your financial institution and You may be charged a service fee for such conversion. Please also be aware that Payment Processors or Your financial institution may use different conversion rates for deposit and refund transactions. The conversion rate used is not under the control of the Provider and we recommend that You contact Your financial institution directly for more information.
Users may request a withdrawal of funds from their Account at any time. The withdrawal process is designed to minimize customer fees and add an additional element of security to protect Users. In the ongoing pursuit of abolishing fraudulent behavior and Account hijacking, the Provider reserves the right to require the User or credit card company (if applicable) to submit verification of identification to ascertain the validity of a withdrawal request and the identity of the User. Your winnings are awarded to You in their entirety, and all federal, state, and local taxes due in connection with any winnings awarded to You are Your sole liability.
Withdrawal requests will be handled by the Provider in a timely fashion. All withdrawal requests will be sent to the Users PayPal account, upon which time the user can withdraw their funds via PayPal. Withdrawal amounts of at least $500 can also be executed via a check if the User so wishes. Account holders with pending deposits must wait until those funds clear before requesting a withdrawal. If You do not receive Your withdrawal within the time estimated, please contact email@example.com
In compliance with United States Internal Revenue Service regulations, Provider will send an IRS Form 1099 or other appropriate form to any person who wins in excess of $600 (USD) on the Website in any given year. However, You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence.
- Account Responsibility
Sports Draft Daily Game and Tournament Play
Game and Tournament Rules
Website provides a number of Games and Tournaments in which You create fantasy teams (“Teams”) for football, initially, and later may include baseball, basketball, hockey, soccer, NASCAR, golf and other sports. The Website offers a plurality of different types of Games and Tournaments including head to head and multiple team competitions. You have the responsibility to review the rules prior to participating in any Game or Tournament, and to review the rules for any changes. You agree to abide by the then-current rules for the Game(s) in which You are entered. Your failure to follow the then-current rules for the Game(s) in which You are entered will result in your immediate and automatic forfeiture of the Game, and Provider reserves the right to immediately terminate your access to the Website.
Entry Fees and Payment
Most Games on this Website have an entry fee, which may vary from Game to Game. It is Your responsibility to know and understand the rules and required entry fees for any given Game. Unless otherwise stated,
- payment of all fees and charges must be made by a valid, approved credit, debit or charge card at the time You enter the Game; and
- all fees and charges are non-refundable.
You agree that any fees paid by You via credit card are specifically authorized to be charged to the credit card given by You at the time of purchase. You may receive supporting information relating to charges to Your Account by sending a written request to firstname.lastname@example.org or Customer Service, 100 Conifer Hill Drive, Suite 412, Danvers, Massachusetts 01923.
Determining the Winner
The results and winners of each Game offered on the Website will be determined by Provider at its own discretion and such determinations are final. By registering an Account and/or participating in any Game, You agree to be bound by these determinations.
Daily Game and Tournament Prizes
There are two categories of Game and Tournament Prizes: entry seats into future Tournaments (“Entry Seats”) and pre-established Cash amounts. Prizes for specific Tournaments offered on the Website can be found at sportsdraftdaily.com. Entry Seats are discussed in greater detail further below.
Provider is not liable for lost winnings or potential winnings, not even in the case of Tournaments that may have been prematurely closed.
Some Games or Tournaments include an in-Game currency consisting of Entry Seats:
- Entry Seats
- Entry Seats into future Games or Tournaments grant the User the right to enter particular Games or Tournaments set forth by Sports Draft Daily.
Provider has the absolute right to manage, regulate, control, modify and/or eliminate Entry Seats as it sees fit in its sole discretion, in any general or specific case, and Provider will have no liability to the User based on the Provider’s exercise of such rights. A User has no right or title in or to any Entry Seats appearing or originating from the Website or any other attributes associated with the Account or stored within the Website. A User may not sell or transfer Entry Seats for “real world” money or otherwise exchange Entry Seats for value outside of the Website. Any attempt to do so is in violation of these Terms and Conditions and will result in a lifetime ban from the Website.
Affidavit of Eligibility
Prize winners may be required to execute and return an affidavit of eligibility, a copy of the winner’s driver’s license, a liability release and, where lawful, a publicity release within seven (7) days of issuance. If such documents are not returned within the specified time period, or if the prize or prize notification is unclaimed or returned as undeliverable, or if the prize winner is not in compliance with these Terms and Conditions, the prize will be forfeited and may be awarded to another winner at the Provider’s discretion.
- Game and Tournament Rules
Your Right to Termination
You may terminate Your Account at any time. To terminate Your Account, please contact email@example.com.
Provider’s Right to Termination.
Provider reserves the right to terminate Your Account, limit or prohibit your participation in any Tournament for any reason, including, but not limited to, any violation of these Terms and Conditions, improper conduct or abuse by You as set forth in section 13. By registering for an Account, You consent to allow Provider to access Your Account information to, among other things, investigate complaints or other allegations of abuse. Please note that in certain circumstances where Your Account is closed by Provider for a violation of these Terms and Conditions, Your winnings may be voided and not returned to You. In such an event, Provider may use these winnings to defray the costs of administration and enforcement of these Terms and Conditions. If Provider determines that operating the site is not feasible for any reason, including, but not limited to, a change in the risk of operating the contests, or insufficient participation in the contest, then the tournament may be ended by site and site shall owe you nothing.
- Your Right to Termination
Intellectual Property Rights
Copyright Information and Personal & Non-Commercial Use Limitation
All Service and the compilation of all content included on this Website are owned or licensed by Provider and/or its affiliates and protected by United States and international copyright laws. Provider does not claim ownership of copyrights owned by third parties.
You have been granted a license to view and use the Service subject to these Terms and Conditions. Unless otherwise specified, the Service on this Website is for Your personal and non-commercial use. You may not sell or modify the Service or reproduce, display publicly or otherwise use the Service in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Provider. Users may not provide copyrighted or other proprietary information to Provider without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
Notice and Procedure for Making Claims under the Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If You believe that Your copyrighted work has been copied without Your authorization and is available on this Website in a way that may constitute copyright infringement, You may provide notice of Your claim to Provider’s Designated Agent listed below. For Your notice to be effective, it must include the following information:
- 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 that You claim has been infringed upon;
- A description of where the material that You claim is infringing is located on this Website;
- Information reasonably sufficient to permit the service Provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
- A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Provider’s Designated Agent is:
William Tinti – legal counsel for Sports Draft Daily
100 Conifer Hill Drive Suite 412
Danvers, MA 01923
The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered.
Provider and/or its affiliates own the SPORTS DRAFT DAILY trademark for its Services, including, without limitation the associated graphics, logos and service marks, are trademarks of Provider and/or its affiliates and may not be used without prior written consent of Provider. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners. Including, without limitation, the National Football League (“NFL”), the Major Baseball League (“MLB”), the National Basketball League (“NBA”), the National Hokey League (“NHL”), the National Association for Stock Car Auto Racing (“NASCAR”) and their team names, player names and logos.
Ideas and Inventions
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Provider in connection with Your use of this website shall be the exclusive property of Provider. User agrees that unless otherwise prohibited by law Provider may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to User.
Rights of Publicity
User agrees to the use by the Provider of his/her username, photograph(s), likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law, if the User wins a prize in a Game or Tournament.
THE USER FURTHER ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS A WINNER, HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR USERNAME PLACED ON A WINNERS' LIST.
- Copyright Information and Personal & Non-Commercial Use Limitation
Privacy and Protection of Personal Information
Disclaimer of Warranties and Limitation of Liability
User expressly agrees that use of the Website and Service is at User’s sole risk. Neither Provider nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Provider (collectively “Providers”), or the like, warrant that websites affiliated with Providers, including but not limited to this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. Provider makes no warranty as to the results that may be obtained from the use of the Website, including Users participation in any Tournament on this Website, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website. Furthermore, Provider 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 Provider spokesperson. advertisers, content providers, User, guests, independent writers and experts are not authorized Provider spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, User, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
Disclaimer of Warranties
THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY PROVIDER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
PROVIDER AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
PROVIDER DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PROVIDER’S GOODS OR SERVICES, FROM INABILITY TO USE PROVIDER’S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PROVIDER’S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of the Website, Your sole and exclusive remedy is to discontinue Your use of this Website.
- Disclaimer of Warranties
Third Party Links
To enter a Game or Tournament, You need a personal computer and Internet connection that meet the minimum system requirements. In general, if Your system does not meet the minimum requirements, You may be at a competitive disadvantage as compared to other players. If You choose to ignore the system requirements, You do so at Your own risk.
Online Conduct and Abuse
Online Conduct and Abuse
You agree to use the Website and the Services provided through this Website only for lawful purposes and to behave in a fair manner. Unacceptable uses and behavior that is deemed unacceptable include, without limitation:
- engaging in any illegal activity or the planning of any illegal activity;
- disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
- creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person;
- creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication;
- purposely entering faulty, misleading, incorrect, or incomplete information;
- exporting, re-exporting or permitting the downloading of any Service, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions;
- interfering, disrupting or attempting to gain unauthorized access to other Accounts on the Website or any other computer network;
- committing, or attempting to commit fraud, especially through the use of mechanisms, software, or any script in association with the Website that is intended to interrupt the functioning of the Website;
- harassing other Members or Players;
- disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
- causing any breach of the security of Your Account or the Website;
- breaching any of these Terms and Conditions; or
- engaging in any other activity deemed by Provider to be in conflict with the spirit or intent of this Website.
Rules for Communication and Anti-Spam Policy
It is possible for Users to contact each other on the Website. In doing so, Users are obligated to only send messages that
- are free of obvious or hidden advertisement,
- are neither subjective, intentionally false, derogatory, defamatory, immoral, nor pornographic in nature nor fulfill any other element of offense,
- are not damaging to any third parties,
- do not contain any viruses or computer programs that could affect the function of external computers,
- are not surveys or chain letters,
- were not written with the intent to expand a certain political, ideological, or religious denomination, and
- were not written with the intent to collect, save, or use personal information from users without their explicit consent, especially for promotional purposes.
Provider opposes the practice commonly referred to as “Spam.” If You are reported and a claim of “Spam” is validated by Provider against You, You will have Your Account either immediately TERMINATED or SUSPENDED, at the sole discretion of Provider. Additionally, any winnings, if any, may be voided at the sole discretion of Provider. Provider defines “Spam” as
- electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient,
- messages posted to forum and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume; or
- solicitations posted to chat rooms, or to groups or individuals via Internet relay chat or “instant messaging” system.
Reporting Abuse or Inappropriate Conduct
If you wish to report any abuses, inappropriate online conduct or a violation of Provider’s Terms and Conditions, please forward all evidence of the same to firstname.lastname@example.org. Please refer responsibly!
Penalties for Abuse, Inappropriate Online Conduct and Violating Provider’s Terms and Conditions
Provider reserves the right to block, cancel or terminate User Accounts without notice in cases of abusive behavior or suspicion of abuse, inappropriate online conduct, and/or for a violation of these Terms and Conditions, particularly in those instances detailed in sections 13(A) and 13(B). Upon the receipt of a credible and validated complaint, Provider may elect to immediately suspend or terminate User’s Account. (Suspension serves as a “final” warning and is intended to prevent You from continuing any abusive behavior.) If this occurs, then Games and Tournaments, which have already begun, will be aborted by Provider and the results will not be evaluated; The User in violation must then compensate Provider for any problems arising there from. Provider will evaluate each validated abuse incident on a case-by-case basis and impose suspension or termination on Your Account in Provider’s sole discretion, and may void any associated winnings. Provider reserves the right to lift any suspension against You at any time, at its sole discretion. Provider reserves the right to institute civil or criminal proceedings against You and/or report You to the relevant regulatory or law enforcement authorities.
- Online Conduct and Abuse
The User acknowledges and agrees that he/she shall not circumvent or attempt to circumvent any of these Terms and Conditions, the Service or any Tournaments offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a “Circumvention Act”). If the Provider determines, in its sole discretion, that the User has engaged, or attempted to engage, in any Circumvention Act, use automated technology or otherwise unfairly alter Your chances of winning, or to otherwise commit fraud with regard to the Website, then, in such an event, the User will forfeit all winnings to which User may otherwise be entitled, and the Provider reserves the right to institute civil or criminal proceedings against the User and to report User to the relevant regulatory authorities.
If You use this Website, You are responsible for restricting access to Your computer and ensuring that Your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data You enter via this Website, including e-mail address, credit card number, and other payment related information. In addition, You are responsible for maintaining the confidentiality of Your Account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your Account or password. You agree to (a) immediately notify Provider of any unauthorized use of Your password or Account or and other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Provider cannot and will not be held liable for any loss or damage arising from Your failure to comply with this Section.
Provider reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
You agree to defend, indemnify and hold harmless Provider and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to:
- Your use of the Website or the Service, including any data or work transmitted or received by You or any service provider;
- any other party’s access and use of the Website or the Service with Your unique Identifiers, except where You have previously notified Provider that You believe such Identifiers are no longer secure and confidential, as specified in Section 5(A);
- Your connection to any Provider site;
- Your violation of these Terms and Conditions;
- Your violation of any sports betting regulations, edicts or laws to which the You are subject; or
- Your violation of any rights of a third party or service provider.
The failure of Provider to require or enforce strict performance by User of any provision of these Terms and Conditions or to exercise any right under them shall not be construed as a waiver or relinquishment of Provider’s right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions, which shall continue to be in full force and effect.
Except as expressly stated otherwise, any notices to Website shall be made by registered mail to 100 Conifer Hill Drive. Suite 412, Danvers, MA 01923, Attention: Legal Department - William Tinti. Notices to You may be made to the e-mail address You provided as part of Your Registration Data or by postal mail (including registered mail) to the address You provided as part of Your Registration Data. Notice sent to you shall be deemed given twenty-four (24) hours after e-mail is sent and three (3) days after the date of mailing.
Date Last Modified: August 27, 2012
These Terms and Conditions may be changed at any time, without prior notice.