Terms of Use

Our Terms of Use have been updated as of August 15th, 2016

  1. Acceptance of terms

Fan Draft Duel, Inc. and Fan Draft Duel Limited (collectively, “Fan Draft Duel”) provide a fantasy sports website located at fandraftduel.com (the “Site”) and a related mobile app — which include all of the text, images, audio, code and other material they contain or provide (collectively, the “Content”) and all of the features, contests and other services they provide.  The Site, the mobile app, and any other features, tools, materials, or other services (including co-branded or affiliated services) offered from time to time by Fan Draft Duel are referred to here as the “Service.” Please read these Terms of Use (the “Terms” or “Terms of Use”) carefully before using the Service. By using or otherwise accessing the Services, or clicking to accept or agree to these Terms where that option is made available, you (1) accept and agree to these Terms and our additional Rules and Scoring system and (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy and (3) any additional terms, rules and conditions of participation in particular contests issued by Fan Draft Duel from time to time. If you do not agree to the Terms, then you may not access or use the Content or Services.

Fan Draft Duel may issue additional terms, rules and conditions of participation in particular contests. You agree to be subject to them if you participate in such contests.

  1. Modification of Terms of Use

Except for Section 15, providing for binding arbitration and waiver of class action rights, Fan Draft Duel reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. The most current version of these Terms will be posted on our Site. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms of Use as modified.

  1. Eligibility

You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms.

By depositing money or entering a contest, you are representing and warranting that:

  • you are of 18 years of age or older
  • you are a legal resident of a country in which daily fantasy sports is classified as a Game of Skill and your PayPal account can send and receive funds
  • at the time of deposit or game entry you are physically located in a jurisdiction in which participation in the contest is not prohibited by applicable law;
  • you are not listed on any  Government list of prohibited or restricted parties;
  • you will abide at all times by these Terms of Use and any other agreements between you and Fan Draft Duel regarding your use of the Service or participation in games;
  • when depositing funds or entering a paid contest, you are not physically located in of any State or country in which Daily Fantasy Sports is deemed illegal.
  • When entering any contest that awards prizes, you are not an employee or operator of another daily fantasy site that charges entrance fees or offers cash prizes
  • You do not, by virtue of affiliation with another daily fantasy site, have access to the site’s pre-release non-public confidential data about contest-related information.

If Fan Draft Duel determines that you do not meet the eligibility requirements of this section, then you are not authorized to use the Service. Fan Draft Duel may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize. This includes by requesting that you fill out an affidavit of eligibility or other verification information (as discussed in Section 4 below). If Fan Draft Duel otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that Fan Draft Duel may have in law or equity, Fan Draft Duel reserves the right to terminate your account, withhold or revoke the awarding of any prizes associated with your account or limit your ability to withdraw. In such a situation, Fan Draft Duel may pay out any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the prize structure of the contest, to be precisely determined by Fan Draft Duel in its sole discretion. Fan Draft Duel also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts. Fan Draft Duel employees may use the Service for the purpose of testing the user experience, but may not withdraw money or prizes. Relatives of Fan Draft Duel employees with whom they share a household are not eligible to participate in paid contests. Fan Draft Duel consultants or promoters of the Service may play in contests without such limitation, but only if (i) their arrangement with Fan Draft Duel does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service and (ii) they do not receive any other advantages in their play on the Service.

Employees or operators of other daily fantasy sites that charge entry fees or offer cash prizes, including but not limited to DraftKings ,FanDuel and Yahoo, and individuals who, by virtue of affiliation with another daily fantasy site, have access to the site’s pre-release non-public confidential data about game-related information may not enter any contests in which a real money prize is awarded. If such person enters a Fan Draft Duel contest that awards prizes, Fan Draft Duel will disqualify the entry, will not award a prize, and may report such person’s violation of this provision to the daily fantasy site for which the entrant is employed by, operates or affiliated with. Additionally, Fan Draft Duel may maintain information about the entrant sufficient to assist Fan Draft Duel in blocking the user from entering future Fan Draft Duel contests, unless and until Fan Draft Duel determines, in its sole discretion, that the entrant is no longer an employee or operator of another daily fantasy site or no longer has access to pre-release non-public confidential data about game-related information by virtue of affiliation with a daily fantasy site.

Athletes, coaches and other team management, team support personnel (e.g. without limitation, team physicians) and team owners may not participate in any Fan Draft Duel contests in the sport or sports with which they’re associated. Team owners, referees, league employees, sports commissioners and other individuals who through an ownership interest or game-related employment can influence the game play are likewise ineligible.

Fan Draft Duel is not affiliated with or sponsored by the National Football League, the National Hockey League , Major League Baseball, NASCAR, or any other professional sports entity for which we offer contest pertaining to that sport

  1. Conditions of participation

4.1 Registration

In order to participate in a contest on the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Fan Draft Duel has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Fan Draft Duel may deny you access to areas requiring registration, or terminate your account, at its sole discretion.

You may establish, maintain, use and control only one account on the Service. Each account on the Service may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not “co-own” accounts on the Service. In the event Fan Draft Duel determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that Fan Draft Duel may have, Fan Draft Duel reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.

You agree that the sole and specific purpose of creating an account on Fan Draft Duel is to participate in fantasy sports contests on the Service. Fan Draft Duel shall be entitled to suspend, limit or terminate your account if we determine, in our sole discretion, that you are depositing funds without the intention of using them in contests on the Service. In such circumstances, we may also report such activity to relevant authorities.

4.2 Account Password and Security

At the time of registration for online account access, you must provide a valid email address and supply a Username and Password to be used in conjunction with your account. You may not use a Username that promotes a commercial venture or a Username that Fan Draft Duel in its sole discretion deems offensive. Many portions of the Service require registration for access (the “Restricted Areas”). You are responsible for maintaining the confidentiality of your Username and Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) never to use the same Password for the Service that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify Fan Draft Duel of any unauthorized use of your Username and Password or account or any other breach of security; and (d) use only your own Username and Password to access the Service’s Restricted Areas. Fan Draft Duel cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

You acknowledge and agree that Fan Draft Duel is authorized to act on instructions received through the use of your Username and Password, and that Fan Draft Duel may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason.

Fan Draft Duel may require you to change your Username or may unilaterally change your Username.

4.3 Communications and Information Practices

As a result of your registration for the Service, you may receive certain commercial communications from Fan Draft Duel. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to info [at] fandraftduel [dot] com. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.

4.4 Disqualification and Cancellation

Fan Draft Duel also reserves the right to cancel contests, in our sole discretion, without any restrictions.

Fan Draft Duel, in its sole discretion, may disqualify you from a contest or the entire Service, refuse to award fantasy points or prizes and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct Fan Drat Duel deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information, including payment information, required to use the Service or claim a prize; violating eligible payment method terms, including the terms of any cash rewards payment card, violating any of these rules, accumulating points or prizes through unauthorized methods such as unauthorized scripts or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service; obtaining other entrants’ information and spamming other entrants; and abusing the Service in any way; or otherwise violating these Terms of Use. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent Fan Draft Duel from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.

If for any reason the Service is not running as originally planned (e.g., if the Site becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Fan Draft Duel corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Fan Draft Duel reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Site.

The failure of Fan Draft Duel to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Fan Draft Duel (excepting compliance with applicable codes and regulations) or other force unforeseen event will not be considered a breach of these Terms.

4.5 Deposits and Withdrawals Generally

By depositing funds or entering paid contests, you agree to provide us with a valid mailing address, date of birth  a valid Paypal account real government name and any other information we may require in order to run appropriate identity checks and comply with applicable rules and regulations. If necessary, you may be required to provide appropriate documentation that allows us to verify you. While your account is pending verification, you will be able to deposit funds into your account and participate in contests, but you will not be able to withdraw any funds from your account until verification is complete. If we are unable to verify you, we reserve the right to suspend your account and withhold any funds until such time as we have been able to successfully verify you.

We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. Subject to such checks, you may close your account and withdraw your deposits and/or winnings at any time and for any reason.

Deposits, and player winnings after contests are finished, are held in a separate, segregated bank account by a subsidiary of Fan Draft Duel, Inc. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described above, and Fan Draft Duel may not use them to cover its operating expenses or for other purposes. Your withdrawals will be made from this segregated bank account, and checks issued from that account may bear the name of Fan Draft Duel’s subsidiary.

Fan Draft Duel may limit the amount a user can deposit into his or her account in accordance with country-imposed deposit limits.

In cases where you have received a bonus or other benefits as a result of your deposit and have not yet played through the deposit (entering contests whose total entry fees equal the value of the deposit), Fan Draft Duel reserves the right to refuse the withdrawal and/or close your account.

4.6 Taxation

As a registered user  You, not Fan Draft Duel, are responsible for filing and paying applicable state  federal or country  taxes on any winnings. Fan Draft Duel does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.

4.7 Publicity

By entering a contest, you consent to Fan Draft Duel’s and its service providers’ and business partners’ use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other Fan Draft Duel contests and Fan Draft Duel generally, unless otherwise prohibited by law. Fan Draft Duel  and its business partners reserve 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. Entrants agree that Fan Draft Duel Inc may announce any winner’s name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of Fan Draft Duel or other contests or games operated by Fan Draft Duel Inc. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.

  1. Game Rules

5.1 Game of Skill

Fan Draft Duel is a game of skill. Winners are determined by the criteria stated in each contest’s rules. For each contest, winners are determined by the individuals who use their skill and knowledge of relevant professional sports information and fantasy sports rules to accumulate the most fantasy points. Fantasy points are accumulated through the performance of individual athletes across multiple sports events. All entries in Fan Draft Duel must be made up of players drawn from a minimum of two sporting events.

5.2 Entry fees

Each Fan Draft Duel contest has an entry fee listed in US dollars. When you opt to participate in a contest, that amount in US dollars will be debited from your Fan Draft Duel account. Then, follow the links and instructions provided for entry. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose Username the entry was submitted, or if possession of the Username itself is contested and in Fan Draft Duel’s opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. Fan Draft Duel reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.

Users may cancel entries up to 15 minutes prior to game start. If you timely cancel an entry, your entry fee will be refunded back into your Fan Draft Duel account. Fan Draft Duel has no obligation to honor cancellation requests received within 15 minutes of or after game start. Similarly, contests lock when the first game starts and no more entries or lineup changes may be made at that time.

5.3 Contest Term

Fan Draft Duel offers contests for multiple professional sports events generally taking place on a single day or at most a week.

5.4 Prizes

After each contest ends, the tentative winners are announced (generally by the following day) but remain subject to final verification. The players in each contest who accumulate the most fantasy points and comply with eligibility requirements and applicable rules will win prizes as set out in the posted contest details. Prizes are added to the winning team’s account balance. In the event of a tie, the prize is divided evenly between the tied players, unless otherwise specified.

Fan Draft Duel offers a number of different types of contests. For each contest, we announce the entry fees and prizes in advance on the contest page.Some contest will be guaranteed and some may not. For a summary of entry fees and prizes for currently open contests please login and visit the main lobby.

Prize calculations are based on the results as of the time when final scoring is tabulated by Fan Draft Duel. Once winners are initially announced by Fan Draft Duel, the scoring results will not be changed in light of official adjustments made by the professional leagues, though we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our stats provider or in our calculation of results. We also may make adjustments in the event of noncompliance with the Terms. Fan Draft Duel has no obligation to delay the awarding of a prize in anticipation of any adjustment, and we reserve the right to reverse payments in the event of any adjustment. You agree to cooperate with our efforts to reverse payments.

No substitution or transfer of a prize is permitted. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of the Contest is challenged by any legal authority, Fan Draft Duel reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of the winner of Fan Draft Duel contests, Fan Draft Duel is the sole judge and its actions are final and binding.

5.5 Notification

Winners are generally posted on the Site after the conclusion of each contest by 10 AM ET on the following day. Winners may also receive a email from Fan Draft duel to notify them of winnings. As a registered user you must have a verified PayPal accountor credit Card  that can recieve funds .

5.6 Bonuses and Promotions

We frequently offer bonuses to newly depositing users and for other marketing purposes. A user’s pending bonus is converted into cash as the user enters real money contests in accordance with the terms of the offer or promotion. Unless otherwise stated, any unconverted pending bonus remaining in a player’s account 45 days after it has been initially credited can be removed by Fan Draft Duel. Any cash bonus a new user receives is for entry into competitions on Fan Draft Duel and can only be withdrawn if they have been previously entered into at least one game. Additionally, if a user immediately withdraws money after a deposit which delivers a deposit bonus then the bonus will be retracted. In the event of abuse of the bonus system by any user, Fan Draft Duel reserves the right to retract your user bonuses.

We frequently offer cash rewards for players competing in competitions and Giveaway/Freeroll tournaments or for referring new users to Fan Draft Duel. Fan Draft Duel reserves the right to reclaim these funds if players do not use them to enter real money contests within 1 month of their initial crediting, or within the minimum amount of time allowed by applicable law. These funds can be used to enter real money contests but cannot be immediately withdrawn.

  1. Conduct

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Fan Draft Duel. By way of example, and not as a limitation, you agree not to:

  • abuse, harass, impersonate, intimidate or threaten other Fan Draft Duel users;
  • post or transmit, or cause to be posted or transmitted, any Content that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
  • use the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
  • post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Fan Draft Duel user;
  • create or submit unwanted email (“Spam”) to any other Fan Draft Duel users;
  • infringe upon the intellectual property rights of Fan Draft Duel, its users, or any third party;
  • submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
  • post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service;
  • use artificial means, including creating multiple user accounts, to inflate your position and standing with the Fan Draft Duel leader boards and community;
  • use unauthorized scripts; all authorized scripts will be made available through the Service prior to game entry;
  • advertise to, or solicit, any user to buy or sell any products or Service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to users without their prior explicit consent;
  • sell or otherwise transfer your profile;
  • attempt to influence the play in any sporting event from which athletes are available for selection in Fan Draft Duel contests on Fan Draft Duel in which you are involved or in which you have a direct or indirect interest.

Violation of our rules may result in the removal of your Content from the Service and/or the canceling of your account. You acknowledge and agree that Fan Draft Duel may remove any User Content (as defined below) and terminate any Fan Draft Duel account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content). To report Terms of Use violations, please contact us at  support@fandraftduel.com

6.1 User Content

You understand that all Content made available on the Service by a user (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not Fan Draft Duel, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will Fan Draft Duel be liable in any way for any User Content.

You acknowledge that Fan Draft Duel may or may not pre-screen User Content, but that Fan Draft Duel and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, Fan Draft Duel and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Fan Draft Duel’s sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.

With respect to User Content you submit or otherwise make available on or to the Service, you grant Fan Draft Duel an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.

You are solely responsible for your interactions with other users of the Service. Fan Draft Duel reserves the right, but has no obligation, to monitor disputes between you and other users.

  1. Indemnity

You agree to release and to indemnify, defend and hold harmless Fan Draft Duel and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, your violation of these Terms of Use, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Fan Draft Duel reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Fan Draft Duel in the defense of such matter.

  1. Warranty disclaimers

You expressly understand and agree that your use of the Service is at your sole risk. The Service (including the Service and the Content) are provided on an “AS IS” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that Fan Draft Duel has no control over, and no duty to take any action regarding: which users gain access to or use the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Fan Draft Duel from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. Fan Draft Duel makes no representations concerning any Content contained in or accessed through the Service, and Fan Draft Duel will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

  1. Limitation on liability

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FAN DRAFT DUEL NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF FANDUEL HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR SERVICE; THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE ENTRY INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT AN ENTRANT TO PARTICIPATE IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FANDRAFTDUEL’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FAN DRAFT DUEL FOR GENERAL USE OF THE SITE OR SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

  1. Our proprietary rights

All title, ownership and intellectual property rights in and to the Service are owned by Fan Draft Duel  .You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Fan Draft Duel, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.

  1. Links

The Service provides, or third parties may provide, links to other World Wide Web sites, applications or resources. Because Fan Draft Duel has no control over such sites, applications and resources, you acknowledge and agree that Fan Draft Duel is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Fan Draft Duel shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

  1. Termination and suspension

Fan Draft Duel may terminate or suspend all or part of the Service and your Fan Draft Duel account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your Fan Draft Duel account, you may contact us via the contact form with a note to say you wish to terminate your account.

The following provisions of the Terms survive any termination of these Terms: CONDITIONS OF PARTICIPATION (except for Registration and Account Password and Security); GAME RULES (only Bonuses and Promotions); CONDUCT (only User Content); INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD PARTY BENEFICIARIES;  CLASS ACTION WAIVER; GENERAL INFORMATION.

If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with Fan Draft Duel regarding restoration of your account only via support@fandraftduel.com.

  1. No third party beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.

  1. Notice and procedure for making claims of copyright infringement

Fan Draft Duel may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide Fan Draft Duel’s Copyright Agent a written Notice containing the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Service;
  • your address, telephone number, and email address;
  • 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;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS

15.1 Initial Dispute Resolution

Our Customer Support Department is available  the web to address any concerns you may have regarding the Service. Our Customer Service Department is able to resolve most concerns quickly to our players’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith .

APPLICATION LICENSE

Subject to your compliance with these Terms, Fan Draft Duel grants you a limited non-exclusive, non-transferable license to download and install a copy of the app on a device that you exclusively control and to run such copy of the app solely for your own personal use. Fan Draft Duel reserves all rights in and to the app not expressly granted to you under these Terms. You will not run any version of the app on a jailbroken device.

If you have downloaded our app, you agree to promptly download and install any new version that we make available through the iTunes App Store or Google Play store, as applicable. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the App may in some cases expose you to increased security risks or Service malfunctions.

  1. GENERAL INFORMATION

18.1 Entire Agreement

These Terms (and any additional terms, rules and conditions of participation in particular contests that Fan Draft Duel may post on the Service) constitute the entire agreement between you and Fan Draft Duel with respect to the Service and supersedes any prior agreements, oral or written, between you and Fan Draft Duel. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation in particular contests, the latter will prevail over the Terms to the extent of the conflict.

18.2 Waiver and Severability of Terms

The failure of Fan Draft Duel to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

 

 

18.5 Communications

Users with questions, complaints or claims with respect to the Service may contact us using the relevant contact information set forth at support@fandraftduel.com

Thank you for using Fan Draft Duel!