Terms of Service
Fantrax Terms of Service
The Fantrax Terms of Service sets forth the terms and conditions of your agreement with Septillium LLC (hereinafter referred to as "Fantrax", "we", "our", or "us") governing your use of the Fantrax.com website. By using or registering to use the Fantrax.com website, you agree to be bound by these Terms of Service and the following terms and conditions and polices, and all rules and policies posted on Fantrax.com ("Operating Rules") including any future amendments (collectively, the "Agreement"):
NOTE TO CHILDREN UNDER 13 YEARS OF AGE: THE Fantrax.com SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13. If you are under 13 years of age, you may not use the Fantrax.com Service.
Although we may attempt to notify you when major changes are made to the Agreement, you should periodically review the most up-to-date version. Fantrax may, in its sole discretion, modify or revise the Agreement at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1. Description of Service:
"Fantrax.com" is an interactive online service (the "Service") on the World Wide Web of the Internet (address: http://www.fantrax.com) operated by Fantrax. The Service offers users access to (i) information, software and other content owned or licensed by Fantrax and third-parties ("Content Providers"), and (ii) merchandise and services offered by independent merchants ("Merchants") and Fantrax. "Account Holder" 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.
THE Fantrax SERVICE IS NOT AVAILABLE TO INDIVIDUALS OR ENTITIES THAT CANNOT REPRESENT AND WARRANT THE FOLLOWING. Fantrax may require you to provide Fantrax with proof that you are eligible to participate according to this Section 2 prior to receiving a prize.
You hereby represent and warrant that:
i) you are a natural person (corporate entities and similar organizations are not eligible to use the Fantrax 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 Fantrax Service is not intended for children under 13;
ii) 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 this type of skill contest is legal;
iii) if you are physically located in the United States of America or Canada, that you reside in a jurisdiction in which use of any Fantrax Service is not prohibited by applicable law;
iv) if you are using any Fantrax Service in which a prize is awarded, YOU ARE NOT A RESIDENT OF ANY of the following states: Arizona, Louisiana, and Montana.
v) you will abide at all times by the terms of the Agreement; and
vi) if you are using any Fantrax Service in which a prize is awarded you are not an employee, officer, or director (or such person's Immediate Family Member) of Fantrax, its parent companies, subsidiaries, and affiliates; or any other person with access to non-public information regarding the operation of such Service. For purposes of this Section 2, "Immediate Family Member" includes parents, siblings, spouses, children, or any other person permanently residing in the same household with such employee, officer, or director.
If you do not meet the eligibility requirements of this Section 2, then do not use the Fantrax Service. In addition to any other rights that Fantrax may have in law or equity, Fantrax 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 Fantrax Service that does not meet the foregoing requirements.
3. Fantrax Service Access:
Fantrax grants you permission to use the Fantrax Service as set forth in these Terms, provided that (i) you use the Fantrax Service solely for your personal, private, non-commercial use; (ii) except as expressly permitted in this Agreement or the Operating Rules, you do not download, reproduce, redistribute, retransmit, publish, resell, publicly display or otherwise commercially exploit any portion of the Service (including any information, content or software other than software to be used solely in connection with Account Holder's Account), without Fantrax's prior written authorization; (iii) you do not alter or modify any part of the Fantrax Service other than as may be reasonably necessary to use the Fantrax Service for its intended purposes; (iv) you do not engage in any of the prohibited uses described in the Agreement (including Section 15, below); and (v) you will otherwise fully comply with the terms of the Agreement. The Fantrax Service is controlled and offered by Fantrax from its facilities in Toronto, Canada. Fantrax makes no representations that the Fantrax Service is appropriate or available for use in all locations. You are solely responsible for compliance with local law. For clarity, if it is illegal for you to access or use the Fantrax Service in the jurisdiction where you are located, it is a material breach of this Agreement for you to do so.
4. Price and Payment:
Fantrax.com may offer Premium Content, Subscriptions and Pay Tournaments on a chargeable basis. Account Holders must provide Fantrax with valid credit card information at the time of purchase. All fees will be charged at the standard fees in effect for that Premium Content, Subscription, or Pay Tournaments at the time the fee becomes payable. Fantrax will not automatically renew Premium Content, Subscription, or Pay Tournament 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.
Fantrax reserves the right, at any time, to (i) change the terms of this Agreement including any Operating Rules, (ii) change the Service, including eliminating or discontinuing any content or feature of the Service, restricting the hours of availability or limiting the amount of use permitted by the Account Holder, or (iii) charge any fees for use of the Service, including instituting new or increased fees or charges for the use of the Service or any feature thereof. All changes shall be effective immediately. Any use of the Service after any such change shall be deemed to constitute acceptance by you of the change.
6. Account Holder Responsibility:
In order to access some features of the Fantrax Service, you will have to create an Account. You hereby represent and warrant that the information you provide to Fantrax upon registration and, at all other times, will be true, accurate, current, and complete. You also hereby represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times. Knowingly submitting incomplete or inaccurate information may result in immediate termination of your Account and forfeiture of any prizes to which you may have otherwise been entitled. You may not allow any other person to access your account, access the Fantrax Service, accept any prizes, or participate in any Fee Tournament using your account information.
Whenever you participate in a Fee Tournament you will be required to submit at least the following information: your full name, permanent residential address, and credit card or other payment information.
The Account Holder is 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.
When you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely 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. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify Fantrax. You may be liable for the losses incurred by Fantrax or others due to any unauthorized use of your account.
7. Account Information:
You acknowledge, consent and agree that Fantrax may access, preserve and disclose your account information and any submissions or information you have provided to Fantrax if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to claim that any material you have provided violates the rights of third parties; (d) to respond to your requests for customer service; or (e) protect the rights, property or personal safety of Fantrax, its users and the public.
8. Dealings with Merchants and Advertisers:
Your correspondence or business dealings with, or participation in promotions of, Merchants and/or advertisers found on or through the Fantrax Service are solely between you and such Merchant and/or advertiser. YOU AGREE THAT Fantrax WILL NOT BE 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 SUCH MERCHANTS OR ADVERTISERS ON THE Fantrax SERVICE. Fantrax is not responsible for delivery, warranties, guarantees or other matters concerning purchases from Merchants.
Orders for purchases of merchandise or services advertised on the Service by Fantrax or Merchants are subject to availability and acceptance.
9. Links and Third-Party Content
Fantrax or third parties may provide links on the Fantrax Service to other sites or content ("Reference Sites"). Fantrax has no control over such Reference Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Reference Sites or content linked to by the Fantrax Service. Fantrax provides links to you only as a convenience, and the inclusion of any link on the Fantrax Service does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. When you leave the Fantrax Service, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.
10. Ownership and Proprietary Rights Over Content of Service
The Fantrax Service is owned and operated by Fantrax. The entire contents of the Service including visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Fantrax Service that are provided by Fantrax ("Fantrax Materials") are protected by Canadian and other applicable jurisdiction's copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. "Fantrax Materials" do not include User Submissions (as defined in Section 11) or any other content owned by and submitted by Users to the Fantrax Service. All Fantrax Materials contained on the Fantrax Service are the copyrighted property of Fantrax or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names contained in the Fantrax Materials or on the Fantrax Service are proprietary to Fantrax or its affiliates and/or third-party licensors. Except as expressly authorized by Fantrax, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Fantrax Materials. Fantrax reserves all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest to the Fantrax Materials, except for the limited rights set forth in this Agreement. Except as stated in the license agreement accompanying any software provided through or in connection with the Service, the Account Holder is granted only a personal, nonexclusive and non-transferable license to use such software, and any unauthorized copying of software is prohibited.
The Fantrax Service contains copyrighted material owned by third parties. Except as expressly permitted by this Agreement or the Operating Rules, the Account Holder may not copy, reproduce, publish, retransmit or redistribute copyrighted materials, in whole or in part, in any manner, without the express written permission of the copyright owner. The Account Holder may download or make a single copy of copyrighted materials solely for the Account Holder's own personal use, provided the Account Holder preserves any copyright or other notices contained in or associated with them.
11. User Submissions:
The Fantrax Service may now or in the future permit the submission and posting or linking of pictures, audio and video recordings, text, chat, commentary or any other content submitted by you and other users ("User Submissions"), and the hosting, sharing, and/or publishing of such User Submissions. User Submissions are displayed for entertainment and informational purposes only and are not controlled by Fantrax. Fantrax makes no representations that it will publish or use your User Submissions in any way and may or may not use your User Submissions in its sole discretion. You understand that whether or not such User Submissions are published, Fantrax does not guarantee any confidentiality with respect to any User Submissions.
11.2 Grant of Rights
You shall retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Fantrax, you hereby grant Fantrax 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 Fantrax Service and Fantrax's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Fantrax Service (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You grant Fantrax 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 Fantrax Service a non-exclusive license to access your User Submissions through the Fantrax Service, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the Fantrax Service and this Agreement. By accepting any prize from Fantrax, you hereby grant Fantrax 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 Fantrax for any purpose without your permission.
11.3 User Submissions Representations and Warranties
11.4 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 Fantrax, 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.
12. Content Disclaimer:
You understand that when using the Fantrax Service, you will be exposed to User Submissions and other content from a variety of sources ("Third-Party Content"), and that Fantrax 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 Fantrax spokesperson. Service advertisers, Content Providers, Account Holder, guests, independent writers and experts are not authorized Fantrax 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.
Fantrax 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 Fantrax with respect thereto. Fantrax does not endorse any User Submission or other Third-Party Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Fantrax 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 Fantrax Service.
13. 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 Fantrax, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit or otherwise make available through via the Fantrax Service. Fantrax 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, Fantrax chooses, in its sole discretion, to monitor the Third-Party Content, Fantrax 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 Fantrax may or may not pre-screen User Submissions, but that Fantrax 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 Fantrax Service. Without limiting the foregoing, Fantrax and its designees may, at any time and without prior notice, remove any User Submission that in the sole judgment of Fantrax 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.
14. Removal of Content:
Fantrax 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 Fantrax 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 Fantrax does not and cannot review all Third-Party Content, Fantrax 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 Fantrax in its sole and absolute discretion.
15. Prohibited Uses:
15.1 As a condition of your use of the Fantrax Service, you hereby represent and warrant that you will not use the Fantrax Service for any purpose that is unlawful or prohibited (including, without limitation, the prohibitions in this Section 15) by this Agreement. Access to the Fantrax Materials and the Fantrax Service from territories where their access or use thereof is illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, gaming, the Internet, technology, data, email, or privacy.
Any use by you of any of the Fantrax Materials and Fantrax Service other than for private, non-commercial use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the Fantrax Service, use of the Fantrax Service, access to the Fantrax Service, or Third-Party Content obtained through the Fantrax Service, for any purpose other than for your personal, private, non-commercial purposes.
15.2 You agree not to defame, harass, abuse, threaten, stalk or defraud Users of the Fantrax Service, or collect, or attempt to collect, personal information about users of the Fantrax Service or third parties without their consent.
15.2 You agree not to intentionally interfere with or damage, impair or disable the operation of the Fantrax Service or any user's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
15.3 You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Fantrax Service, features that prevent or restrict the use or copying of any part of the Fantrax Service, or features that enforce limitations on the use of the Fantrax Service.
15.4 You agree not to attempt to gain unauthorized access to the Fantrax Service, or any part of it, other accounts, computer systems or networks connected to the Fantrax Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Fantrax Service or any activities conducted on the Fantrax Service.
15.5 You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Fantrax Service. You agree neither to modify the Fantrax Service in any manner or form, nor to use modified versions of the Fantrax Service, including (without limitation) for the purpose of obtaining unauthorized access to the Fantrax Service.
15.6 You agree that you will not use any robot, spider, scraper, or other automated means to access the Fantrax Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Fantrax Service.
15.7 You agree not to utilize framing techniques to enclose any trademark, logo, or other Fantrax Materials without our express written consent. You agree not to use any meta tags or any other "hidden text" utilizing Fantrax's name or trademarks without our express written consent.
15.8 You agree not to deep-link to the Fantrax Service and will promptly remove any links that Fantrax finds objectionable in its sole discretion. You agree not to use any Fantrax logos, graphics, or trademarks as part of the link without our express written consent.
15.9 You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Fantrax Service. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
15.10 You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Fantrax Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
15.11 You agree not to modify, adapt, translate or create derivative works based upon the Fantrax Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
15.12 You agree not to impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
15.13 You agree not to use the Fantrax Service if you are under the age of eighteen (18) years old or otherwise do not meet the eligibility requirements of Section 2, above.
You agree not to take any action that may undermine any Fee Tournament, content rating or comment systems (such as displaying, importing or exporting information off the Fantrax Service, using information on the Fantrax Service for purposes unrelated to the Fantrax Service, or improperly manipulating or using the Tournaments, ratings and comment systems).
15.14 You agree not to rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer any prizes, the licenses granted herein or any Fantrax Materials.
15.15 You agree not to manipulate, abuse, or display behavior that may be interpreted as the use of unfair methods with respect to any Fee Tournament or the Fantrax 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").
You agree not to open more than one account per user or two accounts per computer/IP address.
16. Availability of Service:
Fantrax may make changes to or discontinue any of the media, web communities, products, or services available within the Fantrax Service at any time, and without notice. The media, products, or services on the Fantrax Service may be out of date, and Fantrax makes no commitment to update these materials on the Fantrax Service. Fantrax, at its sole discretion, may terminate at any time, and without notice, any contest, game, or prize league. In such a case, entry fees will be refunded to the user, provided that the user has not violated any of these Terms of Service, in particular those specified in Section 15 above.
17. User Disagreements:
You are solely responsible for your involvement with other users of the Fantrax Service. If you have a dispute with one or more users, you release Fantrax (and Fantrax'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."
You agree that Fantrax, in its sole discretion and for any or no reason, may terminate any Account (or any part thereof) you may have on the Fantrax Service or your use of the Fantrax Service, and remove and discard all or any part of your Account or any User Submission, at any time, with or without notice. Fantrax may also in its sole discretion and at any time discontinue providing access to the Fantrax Service, or any part thereof, with or without notice. You agree that any termination of your access to the Fantrax Service or any account you may have or portion thereof may be effected without prior notice, and you agree that Fantrax shall not be liable to you or any third-party for any such termination. Fantrax does not permit unlawful, infringing, fraudulent or otherwise illegitimate activities on the Fantrax Service, and reserves the right to terminate access to the Fantrax Service, or halt, suspend, or terminate prizes (whether proposed, pending or past) in cases of actual or suspected fraud, violations of this Agreement or other laws or regulations. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Fantrax may have at law or in equity.
If you are dissatisfied with the Fantrax Service, please let us know at support@Fantrax.com. Your input is valuable to us. Your only remedy with respect to any dissatisfaction with (i) the Fantrax Service, (ii) any term of this Agreement, (iii) any policy or practice of Fantrax in operating the Fantrax Service, or (iv) any content or information transmitted through the Fantrax Service, is to terminate this Agreement and your Account. You may terminate this Agreement at any time by closing your Account, discontinuing your use of any and all parts of the Fantrax Service, and providing Fantrax notice of termination at support@Fantrax.com.
19. Indemnification; Hold Harmless:
You agree to indemnify and hold harmless Fantrax, and its parent, subsidiaries, affiliates or any related companies (including those which share substantially common ownership), its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (including attorney's fees) arising out of (i) your use or misuse of the Fantrax Service; (ii) your User Submissions, including Fantrax's use, display or other exercise of its license rights granted herein with respect to your User Submissions; (iii) your breach or other violation of these Terms including any representations, warranties and covenants herein; (iv) your violation of the rights of any other person or entity, including claims that any User Submission infringes or violates any third party intellectual property rights. Fantrax reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Fantrax. Fantrax will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
20. Disclaimers; No Warranties:
YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 20, THE TERM Fantrax INCLUDES Fantrax'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES AND SUBCONTRACTORS.
20.2 No Warranties
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Fantrax, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Fantrax OR THROUGH THE Fantrax SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
20.3 "As is" and "As available" and "With All Faults"
YOU EXPRESSLY AGREE THAT THE USE OF THE Fantrax SERVICE IS AT YOUR SOLE RISK. THE Fantrax SERVICE (FOR CLARITY, INCLUDING WITHOUT LIMITATION ANY TOURNAMENTS, INFORMATION, STATISTICS AND OTHER CONTENT PROVIDED BY Fantrax THEREIN), USER SUBMISSIONS AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Fantrax SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
20.4 Platform Operation and Content
Fantrax, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE Fantrax MATERIALS, USER SUBMISSIONS, Fantrax SERVICE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE Fantrax SERVICE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
20.5 Participation in Tournaments
Fantrax makes no representations or warranties, implicit or explicit, as to your legal right to participate in any Tournament offered on the Fantrax Service nor shall any person affiliated, or claiming affiliation, with Fantrax have authority to make any such representations or warranties.
Fantrax, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE Fantrax SERVICE (FOR CLARITY, INCLUDING WITHOUT LIMITATION ANY TOURNAMENTS, INFORMATION, STATISTICS AND OTHER CONTENT PROVIDED BY Fantrax THEREIN) OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
20.7 Harm to Your Computer
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE Fantrax SERVICE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
21 Limitation of Liability and Damages:
21.1 Limitation of Liability
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Fantrax OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE Fantrax MATERIALS AND USER SUBMISSIONS ON THE Fantrax SERVICE OR ANY REFERENCE SITES, THE Fantrax SERVICE ITSELF, OR ANY OTHER INTERACTIONS WITH Fantrax, EVEN IF Fantrax OR A Fantrax AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Fantrax'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
21.2 Limitation of Damages
IN NO EVENT SHALL Fantrax OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE Fantrax SERVICE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES YOU HAVE PAID Fantrax IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
21.3 Reference Sites
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN Fantrax AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE Fantrax SERVICE OR RECEIVED BY YOU THROUGH ANY REFERENCE SITES.
22 Limitations by Applicable Law; Basis of the Bargain:
22.1 Limitations by Applicable Law
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
22.2 Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT Fantrax HAS OFFERED ITS PRODUCTS AND SERVICES, SET IT PRICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Fantrax, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Fantrax. YOU ACKNOWLEDGE AND AGREE THAT Fantrax WOULD NOT BE ABLE TO PROVIDE THE Fantrax SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
23. Unauthorized Credit Card Use:
Any attempt to defraud Fantrax 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.
24. Digital Millennium Copyright Act Compliance:
It is Fantrax's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Fantrax will promptly terminate without notice any User's access to the Fantrax Service if that User is determined by Fantrax to be a "repeat infringer." A repeat infringer is a User who has been notified by Fantrax of infringing activity violations more than twice and/or who has had a User Submission or any other user-submitted content removed from the Fantrax Service more than twice. If you believe that your copyright has been infringed on the Fantrax Service, please send a "DMCA" compliant notice to support@Fantrax.com
You are solely responsible for paying any governmental taxes imposed on your use of the Fantrax Service, including, but not limited to, sales, use or value-added taxes. To the extent Fantrax is obligated to collect such taxes or send forms to you, the applicable tax or withholding may be debited from your account and the applicable forms shall be sent to you. Fantrax will request that you provide certain forms and additional information to Fantrax in order to send you appropriate forms to comply with applicable laws and regulations (including without limitation, as required by Internal Review Service regulations). Failure to provide additional information may result in Fantrax's inability to credit your account for certain prizes won AND/or your inability to participate in Tournaments. Notwithstanding the foregoing, you are solely responsible for paying all taxes in accordance with the laws and regulations that apply in your jurisdiction (including without limitation state, province, and/or country of residence).
26.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
26.2 Dispute Resolution
(a) Generally. If a dispute arises between Fantrax and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Fantrax agree that the parties will resolve any claim, dispute or controversy at law or equity that arises out of or relates in any way whatsoever to this Agreement or the Fantrax Service (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
(b) Choice of Law; Forum. This agreement shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. You agree that any claim you may have against Fantrax must be resolved exclusively by a court located in New York County, New York, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such Claims.
(c) Arbitration Option. For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(d) Improperly Filed Claims. Any Claim you bring against Fantrax must be resolved in accordance with this Section 26.2 (Dispute Resolution). Any Claim asserted or filed contrary to this Section 26.2 (Dispute Resolution) shall be considered improperly filed. Should you file a Claim contrary to this Section 26.2 (Dispute Resolution), Fantrax shall recover its incurred fees in defending against the Claim to the maximum extent permitted by law, provided that Fantrax has notified you in writing of the improperly filed claim, and you have failed to withdraw the Claim within five business days of your receipt of such notice.
A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Fantrax to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
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 Fantrax without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
26.6 No Agency
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fantrax as a result of this Agreement or use of the Fantrax Service. You further acknowledge that by submitting User Submissions or other Third-Party Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Fantrax other than pursuant to this Agreement.
The provisions of this Agreement will survive the termination of the Agreement or your Account, whether by you or by Fantrax.
The heading references herein are for convenience purposes only, and shall not be deemed to limit or affect any of the provisions hereof.
26.9 Entire Agreement
This Agreement is the entire agreement between you and Fantrax relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.
26.10 Limit on Statute of Limitations
YOU AND FANTRAX AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM AS DEFINED IN SECTION 26.2(a) ABOVE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR IT WILL BE PERMANENTLY BARRED.
26.11 Notice to California Users:
As required by California Code Section 1789.3, this notice is to advise you of the following: a. Fantrax.com is a service provided by Septillium LLC., 2400 Oxford Drive, Suite 450, Bethel Park, PA 15102. 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. Fantrax 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 Fantrax 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.
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