BettorFantasy Privacy Policy 

You acknowledge that when you download, install, or use the App we may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of the App’s features or functionality, and the App may provide you with opportunities to share information about yourself with others. You agree that all information we collect and all information you provide to BettorFantasy through the App is governed by our Privacy Policy which is hereby incorporated in these Terms of Use and located at https://www.bettorfantasy.com/privacy-policy. By using the App, you are accepting and consenting to the terms and conditions of our Privacy Policy. If you do not agree to your information being used in any of the ways described in the Privacy Policy, you must discontinue use of the App. 

Communications 

You acknowledge and agree that BettorFantasy may send you email containing information about our App, including promotional information concerning our games and offerings. We may also send you notifications pertaining to your BettorFantasy Account activity. You may opt-out of promotional emails by following the opt-out instructions in the emails. However, we may still contact you regarding administrative matters concerning your BettorFantasy Account. 

You hereby expressly agree that BettorFantasy or a third party acting on behalf of BettorFantasy may contact you using the contact information you have provided to us or that have collected (including any phone numbers) concerning your BettorFantasy Account or in connection with carrying out customer service, promotional offers and contests. 

You can always opt-out of receiving marketing communications from us by clicking “unsubscribe” link in our promotional materials, or by contacting us via support@bettorfantasy.com 

BettorFantasy allows users to send messages to individuals stored in their mobile phone contacts in order to invite such individuals to participate in social gaming via the App. You agree that you will not use the App to send any unwanted messages, including any spam, harassing or otherwise inappropriate messages. You further agree that: (i) BettorFantasy shall have no liability for any messages you initiate or receive through the App; (ii) you hereby release, hold harmless and indemnify BettorFantasy and its successors and/or assigns and principals, directors, and officers, agents and representatives for any liability arising from any messages you initiate or receive through the App; (iii) you will not use the App to send any messages to any third party who is not a contact of yours or who does not wish to receive such messages; and (iv) you will obey any do not send or similar request you receive from any third party. When you provide BettorFantasy with access to your mobile phone contacts, you represent, warrant and agree that BettorFantasy has authorization to access your mobile phone contacts and to send messages on your behalf that are not expressly prohibited by law. 

Your Responsibility 

You represent that all of the information, data, and other materials you provide on the App, or to BettorFantasy through any other means, are true, accurate, and complete. You are responsible for updating and correcting the information you have provided on the App, or to BettorFantasy through any other means, as appropriate. If you provide any information that is inaccurate or not current, or BettorFantasy has reasonable grounds to suspect that such information is inaccurate or not current, or you cannot be reached within thirty (30)  days for any reason, BettorFantasy reserves the right to suspend, cancel and/or terminate your BettorFantasy Account, withhold your BettorFantasy Account balance, and refuse any and all current or future use of the App (or any portion thereof). 

You must not use the App to violate any local, state, national or international law, to interfere with or disrupt the servers or networks connected to the App, or to disobey any requirements, procedures, policies or regulations of networks connected to the App. 

Except as permitted pursuant to these Terms of Use, the App, and/or any portions thereof, may not be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission. 

Permission is hereby granted to the extent necessary to lawfully access and use the App, and/or information, materials, products and/or services available on the App to display, download, archive and print in hard copy, portions of the App on a temporary basis and for your individual non-commercial use only, provided you do not modify the materials and that you retain and comply with any and all copyright and other proprietary notices contained in the materials. BettorFantasy neither warrants nor represents that use of content displayed on the App will not infringe rights of third parties. 

You must not display, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the App, its content, and/or data. You may not (i) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (ii) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to monitor or copy our pages or the content contained thereon; (iii) link or deep-link to the App for any purpose except as described in these Terms of Use; or (iv) frame the App, place pop-up windows over its pages, or otherwise affect the display of the App. 

Additional Rights in App Granted by BettorFantasy 

Subject to your compliance with these Terms of Use, BettorFantasy grants you a limited non-exclusive, non- transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal, non-commercial purposes. 

You may not otherwise copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms of Use, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile, disassemble or otherwise reduce the App, to source code or other human-perceivable form; or (iv) make the functionality of the App available to multiple users through any means. BettorFantasy reserves all rights in and to the App not expressly granted to you under these Terms of Use. 

Fraudulent Behavior 

The use of artificial intelligence including, without limitation, “robots” or “bots” is strictly forbidden in connection with use of the App. All actions taken in relation to the App by you must be executed personally through the user interface accessible by use of the App, and without the assistance of any form of artificial intelligence. 

You may not exploit vulnerability or glitches to your advantage in your use of the App. Further, you may not directly or indirectly disable, circumvent, or otherwise interfere with the operation of software designed to detect or prevent cheating. You may not collude with a user who is using unauthorized software, hardware, or modifications to obtain an advantage over other users. 

In the event that BettorFantasy deems that you have engaged or attempted to engage in fraudulent, unlawful, dishonest, or improper activity in connection with or through the App, including without limitation, engaging in any game manipulation or the making of any fraudulent payment, including without limitation, use of a stolen credit card or fraudulent chargeback or money laundering, BettorFantasy shall be entitled to take any action it deems appropriate, including, but not limited to: (i) immediately blocking your access to the App; (ii) terminating your BettorFantasy Account; (iii) seizing or forfeiting all your BettorFantasy currency  if any, in your BettorFantasy Account; and/or (iv) taking legal action against you, including reporting you to governmental or other authorities. 

User Contributions 

The App may contain message boards, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “Post”) messages, content or materials (collectively, “User Contributions”) on or through the App. 

Any User Contribution you Post to the App will be considered non-confidential and non- proprietary. By Posting any User Contribution on the App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. 

You understand and acknowledge that you are responsible for any User Contributions you Post, and you, not BettorFantasy, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions Posted by you or any other user of the App. 

We have the right to: (i) remove or refuse to Post any User Contributions for any or no reason in our sole and absolute discretion; (ii) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including but not limited to if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App, or the public, or could create liability for BettorFantasy; (iii) disclose your identity or other information about you or your BettorFantasy Account to any third party who claims that material Posted by you violates their rights, including their intellectual property rights or their right to privacy; (iv) disclose your identity or other information about you or your BettorFantasy Account to any governmental, law enforcement, or regulatory authority, or in response to legal process such as a subpoena. 

However, we do not undertake to review all material before it is Posted on the App, and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content Posted or provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described herein. 

With these caveats in mind, if you believe that any User Contribution on the App violates these Terms of Use, please notify us by sending an email to us at support@bettorfantasy.com

Content Standards 

User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: 

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable or unlawful. 

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person. 

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy located at https://www.bettorfantasy.com/privacy-policy.

  • Be likely to deceive any person. 

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act. 

  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other party. 

  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 

  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising. 

  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. 

Reliance on Information Posted 

The information presented on or through the App is made available solely for general information or entertainment purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents. 

Intellectual Property.

 

Unless otherwise indicated, the App as well as their design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion and other matters related to the App are protected under applicable copyright, trademark and other proprietary laws, including but not limited to those of the United States, and all rights therein are the property of BettorFantasy or the material is included with the permission of the rights owner. 

You acknowledge that BettorFantasy owns all right, title and interest in and to all of the information on the App as well as all underlying software and technology, including without limitation all Intellectual Property Rights, or that the material is included with the permission of the rights owner. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. 

TRADEMARKS.

Certain use of the names, logos, and other materials displayed on the App constitute trademarks, tradenames, service marks or logos (“Marks”) of BettorFantasy or other entities. You are not authorized to use any of such Marks. Ownership of all such Marks and the goodwill associated therewith remains with BettorFantasy or those other entities. 

COPYRIGHTS; RESTRICTIONS ON USE.

The content made available to you through the App, including without limitation, text, databases, software, code, music, sound, photos, and graphics (“Our Content”), is: (i) copyrighted by BettorFantasy and/or its licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by BettorFantasy or its licensors. Except as permitted in the Terms of Use, Our Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, performed, displayed, or redistributed in any way without our prior written permission and/or the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content. 

Digital Millennium Copyright Act (DMCA) 

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through our services, including the App, please notify our copyright agent, designated below, in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing: (i) an electronic or physical signature of a person authorized to act on behalf of the copyright owner; (ii) specific identification of the copyrighted work that you claim has been infringed; (iii) specific identification of the material that is claimed to be infringing and where it is located on the App; (iv) information reasonably sufficient to permit us to contact you, including your name, address, telephone number, and, e-mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (vi) a statement, made under penalty of perjury, that the above information is true and accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. 

Please also note that the information provided in a notice of copyright infringement may be forwarded to the person or entity who posted the allegedly infringing content. After removing material pursuant to a valid DMCA notice, BettorFantasy will immediately notify the individual or entity responsible for the allegedly infringing material that it has removed or disabled access to the material. BettorFantasy retains the right to terminate the accounts of individuals who are copyright infringers, and reserves the right, in its sole and absolute discretion, to terminate any individual for actual or apparent copyright infringement. 

If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with BettorFantasy by providing the following information to the Designated Agent at the address below: (i) the specific URLs of material that BettorFantasy has removed or to which BettorFantasy has disabled access; (ii) your name, address, telephone number, and email address; (iii) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the United States District Court for the District of Delaware if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person; (iv) the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”; and (v) your signature. 

Upon receipt of a valid counter-notification, BettorFantasy will forward it to the notifying party who submitted the original DMCA notification. The original notifying party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If BettorFantasy does not receive any such notification within ten (10) days, we may restore the material to the App. 

The above information must be submitted to Attn: BettorFantasy Support

P.O. Box 303, Stewartsville, NJ 08886

 

Affidavit of Eligibility/Taxes 

From time to time, BettorFantasy may offer promotions in which prizes, including cash prizes, may be awarded to the winner(s). Winners may be required via e-mail or U.S. Mail to receive and return an executed affidavit of eligibility, a liability release and, where lawful, a publicity release (collectively, the “Affidavit”) and/or appropriate tax forms within specified days of notification. You agree that 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 you are not in compliance with these Terms of Use, the prize may be forfeited and/or might be awarded to another potential winner at our discretion. 

You further agree that all tax liability relating to your receipt of a prize is your sole responsibility. It is the policy of BettorFantasy, in compliance with United States Internal Revenue Service (IRS) regulations, to send an IRS Form 1099 or other appropriate form to any person who wins in excess of $600 USD in any given year or the then current limit provided by law. If you have thus won a cumulative net profit of $600 USD or more in a calendar year, or the legal limit provided by law, you will be contacted by BettorFantasy and required to submit your residential address and tax ID number (social security number). 

You, not BettorFantasy, are responsible for filing and paying applicable state and federal taxes on any winnings. BettorFantasy reserves its right to request any other information from you necessary for BettorFantasy to submit any required IRS Forms to the IRS. BettorFantasy will attempt to contact the prize winner through e-mail and U.S. Mail to obtain the necessary information. However, if BettorFantasy fails to contact the prize winner and obtain the required information after one (1) year, the prize winner forfeits the funds to BettorFantasy. 

Updates to the App 

BettorFantasy may from time to time in its sole and absolute discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features or modification or deletion of features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that BettorFantasy has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either: (i) the App will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates. 

You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of these Terms of Use. 

Mobile Devices 

You must provide all equipment and software necessary to connect to the App, including, but not limited to, a computer or mobile device that is suitable to connect with and use the App. When accessing the App, your mobile carrier’s normal rates and fees for data, text and voice usage will still apply. 

Force Majeure 

BettorFantasy shall not be liable for any delay or failure to perform resulting from unforeseen circumstances or causes outside its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, health or safety incidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials. 

Limitation of Liability and Disclaimer of Warranties 

You understand that the App contains information about sports, fantasy sports, and sports betting, but that this information does not constitute advice, nor does it constitute any recommendation on whether or how to engage in fantasy or sports betting activities. ANY SPORTS BETTING OR FANTASY SPORTS ACTIVITY IS INHERENTLY RISKY UNDERTAKEN AT YOUR OWN RISK. YOU EXPRESSLY AGREE THAT ANY AND ALL USE OF THE App IS AT YOUR SOLE RISK. WHEN USING THE App, INFORMATION WILL BE ACCESSED BY YOU OVER A MEDIUM THAT IS BEYOND OUR CONTROL. AS A RESULT, WE DO NOT ASSUME ANY LIABILITY FOR, OR RELATING TO, THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF THE App, AND YOU (AND NOT BettorFantasy) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. WE DO NOT ASSUME ANY LIABILITY RELATED TO YOUR USE OF ANY THIRD-PARTY MOBILE APPLICATIONS. ACCESS TO THE App, AND THE CONTENT OF THE App, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 

BettorFantasy, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, OR INTEREST, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE APP, OR THE SERVICES PROVIDED THEREON.

 

BettorFantasy MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING (i) THE ACCURACY, COMPLETENESS, CORRECTNESS OR TIMELINESS OF THE INFORMATION PROVIDED ON OR THROUGH THE App;; (ii) THE QUALITY AND SECURITY OF THE App, INCLUDING WHETHER THE App WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS; OR (iii) THE ABILITY TO ACCESS THE App OR THE CONTENT ON THE App AT ANY PARTICULAR TIME. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE App. BettorFantasy ASSUMES NO LIABILITY IF YOU ARE UNABLE TO LOG IN TO YOUR BettorFantasy ACCOUNT. 

These Terms of Use give you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in herein may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out herein shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. 

Limitation of Damages and Remedies 

YOU AGREE THAT BettorFantasy, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND/OR DIRECTORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED AS A RESULT OF ACCESSING, USING, PRINTING, COPYING OR DOWNLOADING ANYTHING FROM THE App. YOU FURTHER AGREE THAT BettorFantasy SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING THE App. IN NO EVENT WILL BettorFantasy BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES OR LOST PROFITS ARISING OUT OF THE USE OR INABILITY TO USE THE App, EVEN IF BettorFantasy, ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BettorFantasy’s CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH ANY PRODUCTS/SERVICES SOLD THROUGH OR OBTAINED FROM THE App, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES, OR LIMITATIONS UPON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL BettorFantasy BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR OR ANYONE ELSE’S USE OR MISUSE OF THE App OR THE CONTENT THEREON OR ANY OF THE PRODUCTS OR SERVICES SOLD ON OR THROUGH THE App. 

ANY CLAIMS MADE BY YOU IN CONNECTION WITH YOUR USE OF THE App, OR THE CONTENT ON THE App, MUST BE BOUGHT BY YOU WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. ALL REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THE TERMS OF USE. 

Apple Disclaimers 

You acknowledge and agree that this Terms of Use is between you and BettorFantasy, and does not impose any obligations upon Apple Inc. (“Apple”). You further acknowledge and agree that: 

  • Apple and its subsidiaries are third-party beneficiaries under this Agreement and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this Terms of Use against you as a third-party beneficiary thereof. 

  • Apple has no responsibility for the iOS BettorFantasy App or any included content. 

  • In the event of any failure of the iOS BettorFantasy App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the iOS BettorFantasy App to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS BettorFantasy App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. 

  • Apple is not responsible for addressing any of your claims or those of any third-party relating to the iOS BettorFantasy App or your possession and/or use of the iOS BettorFantasy App, including, without limitation: (i) maintenance and support; (ii) product liability claims; (iii) any claim that the iOS BettorFantasy App failed to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation. 

  • In the event of any third-party claim that the iOS BettorFantasy App or your possession and use of the iOS BettorFantasy App infringes that third-party’s intellectual property rights, Apple will not have any responsibility for the investigation, defense, settlement and discharge of such claim. 

The Google Play store Disclaimers 

You acknowledge and agree that this Terms of Use is between you and BettorFantasy, and does not impose any obligations upon the Google Play store. You further acknowledge and agree that: 

  • The Google Play store and its subsidiaries are third-party beneficiaries under this Agreement and that, upon your acceptance of these Terms of Use, The Google Play store will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this Terms of Use against you as a third-party beneficiary thereof. 

  • The Google Play store has no responsibility for the BettorFantasy App or any included content. 

  • The Google Play store is not responsible for addressing any of your claims or those of any third-party relating to the BettorFantasy App or your possession and/or use of the BettorFantasy App, including, without limitation: (i) maintenance and support; (ii) product liability claims; (iii) any claim that the BettorFantasy App failed to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation. 

  • In the event of any third-party claim that the BettorFantasy App or your possession and use of the BettorFantasy App infringes that third-party’s intellectual property rights, Apple will not have any responsibility for the investigation, defense, settlement and discharge of such claim. 

 

Relationship of Parties/No Third-party Beneficiaries 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and BettorFantasy as a result of these Terms of Use or your use of the App. You agree not to hold yourself out as a representative, agent, operator, distributor, or employee of BettorFantasy and BettorFantasy shall not be liable for any of your representations, acts, or omissions. You also agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use. 

Termination 

You agree that we, in our sole and absolute discretion and without notice to you, may terminate your use of, and/or access to the App if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that BettorFantasy may do so without notice and such termination does not prejudice BettorFantasy’s right to pursue damages for breach/other violations. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE APP. 

Indemnity 

You agree to indemnify, defend and hold harmless BettorFantasy, its parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees, fines and assessments(including reasonable attorneys’ fees and court costs) that such parties may incur, resulting from, or alleged to result from: (i) your breach of these Terms of Use; (ii) your violation of any applicable law, regulation, rule or order pertaining to your use of the App; and/or (iii) your unauthorized or unlawful use of the App. 

No Extraterritoriality 

BettorFantasy is based in the United States of America and makes no claims that the App is appropriate for, or may be accessed, downloaded or used by, persons residing outside of the United States of America. BettorFantasy makes no representation that the App are appropriate or may legally be used in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the App is prohibited in jurisdictions where the App, or their content, are illegal. 

Those who choose to access the App do so on their own initiative and are responsible for compliance with applicable laws. You may not use or export any products in violation of U.S. export laws and regulations or the export laws and regulations of any other country. Access to the App may not be legal by certain persons in certain countries. If you access the App from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. 

Jurisdiction and Choice of Law 

You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with BettorFantasy, including without limitation any claim involving BettorFantasy or its parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents: (i) you will submit to the jurisdiction of the courts of Delaware (ii) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you. 

You agree that these Terms of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with BettorFantasy, including without limitation any claim involving BettorFantasy or its parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents, shall be governed by and construed in accordance with the laws of the state of Delaware in all matters, including, without limitation, its validity, construction, interpretation and performance, and without regard to provisions regarding conflicts of law. 

Entire Understanding 

These Terms of Use constitute the entire agreement between you and BettorFantasy with respect to the subject matter of these Terms of Use, and supersede all previous and contemporaneous agreements, proposals and communications between the parties. 

If any provision of these Terms of Use is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. 

Assignment 

BettorFantasy may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights under these Terms of Use without our prior written permission. Any attempt by you to assign your rights under these Terms of Use without the permission of BettorFantasy shall be void. 

Headings 

The headings of the various sections of these Terms of Use have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Use. 

Severability and Non-Waiver 

Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right herein on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms of Use is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms of Use, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms of Use will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged. 

Survivability and Reservation of Rights 

The following provisions of the Terms of Use survive the expiration or termination of the Terms of Use for any reason whatsoever: Limitation of Liability and Disclaimer of Warranties, Limitation of Damages and Remedies, Termination, Indemnity, Jurisdiction and Choice of Law. BettorFantasy reserves all rights not expressly granted to you herein. 

BettorFantasy’s Contact Information 

If you have any questions regarding these Terms of Use or any other matter, you can contact BettorFantasy at: 

BettorFantasy Support

E-mail: support@bettorfantasy.com

P.O. Box 303, Stewartsville, NJ 08886