TERMS OF SERVICE

 

These Terms of Service (“Terms”) constitute a legal binding agreement between One Wager, Inc.’s d/b/a BettorFantasy (“BettorFantasy,” “we,” “us,” “our”) and you regarding your use of BettorFantasy’s website located at https://www.bettorfantasy.com/ (the “Website”), mobile applications, and related services (collectively, the “Service(s)”). By using the Services, and any content, materials, features, or functionality provided through the Services, you agree to be bound by the following Terms, our Privacy Policy located at https://www.bettorfantasy.com/privacypolicy, and any official rules and/or additional terms for the applicable contests, tournaments, and/or promotions provided in accordance with the Services. All such terms are hereby incorporated by reference into these Terms. Any new features or tools that are added to the current Services shall also be subject to the following Terms. 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. 

 

BY REGISTERING AN ACCOUNT AND/OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, OUR PRIVACY POLICY, AND ALL RESPECTIVE RULES REGARDING THE SERVICES. IF YOU DO NOT AGREE WITH THESE TERMS, OR DO NOT WISH TO BE BOUND BY THEM, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE WEBSITE AND ALL SERVICES, AND WHERE APPLICABLE, REMOVE ANY SOFTWARE THAT HAS BEEN DOWNLOADED FOR YOUR USE OF THE SERVICES.

 

User Agreement and Modifications

 

These Terms constitute a legal agreement between you and BettorFantasy and apply to your access and use of the Website and Services. If you do not agree to these Terms, your sole remedy shall be to discontinue use of the Website and Services. 

 

BettorFantasy reserves the right to change these Terms from time to time, at any time, without prior notice. Any such changes shall take effect when posted on the Website. Your continued access and/or use of the Website or the Services following any such change constitutes your continued acceptance and agreement to be bound by such change. 

 

Access and Use of the Service

 

Eligibility: You must be at least eighteen (18) years of age to open an account, participate in Services, and win prizes offered via the Services. In jurisdictions, territories, and locations where the minimum age for permissible use of the Website is greater than eighteen (18) years of age, you must meet the age requirement in your local jurisdiction or territory. You must be at least nineteen (19) years of age at time of account creation if you are a legal resident of Nebraska or Alabama or twenty-one (21) years of age if you are a legal resident of Iowa or Massachusetts. Legal residents physically located in any of the fifty (50) states and Washington, DC, excluding Connecticut, Hawaii, Idaho, Montana, New York, Nevada, and Washington (the “Excluded States”) are eligible to open an account and participate in contests offered by the Website. Additional states may be included in or removed from the Excluded States section at our sole discretion. You agree to abide by all applicable laws in the jurisdiction where you are located while using the Website. We have the right, at any time, to request you to furnish us with proof of your identity, your age and/or your place of residence. Your account may be suspended pending receipt of this information to verify your eligibility to use the Services. If, as determined in our sole discretion, an account is deemed to be in breach of any term within this section, including rules regarding the age of majority and place of residence, any prizes won by use of that account will be forfeited.

BettorFantasy employees (“Employees”) and any domestic partner or relative of an Employee who resides at an Employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses (“Immediate Family Members”) are not permitted to play in any public contests or tournaments for prizes hosted on the Website; provided, however, Employees and Immediate Family Members are permitted to play in the following contests on the Website: sponsored Private Contests, Private Contests for cash, or Private Contests for prizes other than cash. A “Private Contest” is one that is not listed on the Website’s public domain, and is hosted by another participating Employee, relative, friend of the Employee, or Immediate Family Member. Notwithstanding, Employees and Immediate Family Members living in the same household as such Employees located in Colorado are prevented from competing in any fantasy contests offered by any fantasy contest operator in which the operator offers a cash prize.

Professional or amateur athletes, sports agents, coaches, team owners, team employees, referees or league officials, and their Immediate Family Members, are not eligible to participate in, and are strictly prohibited from entering, any contests or tournaments in the sport in which they are associated.

 

User Accounts

 

Account Registration: You may be required to sign up and register an account with BettorFantasy in order to participate in the Services offered on the Website. You may establish only one account per person, and you must be of legal age in the jurisdiction in which you physically access the Website or Services in order to create an account. In the event BettorFantasy discovers that you have opened more than one account, in addition to any other rights BettorFantasy may have against you, BettorFantasy reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.

 

By signing up, you: (i) confirm that you have read these Terms and that you agree to be bound by them, our rules, and our Privacy Policy, each of which is incorporated by reference into these Terms, and (ii) represent that you are legally able to enter into a binding contract, agree to the use of electronic communication in order to enter into contracts, and that you waive any rights or requirements under applicable laws or regulations in any jurisdiction that requires an original (non-electronic) signature, to the extent permitted under applicable law. You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form, including, but not limited to, your age, full name, place of residence and a valid email address. You represent and warrant that all registration and account information you supply to us is complete and accurate and (through timely updates) kept up to date. You are responsible for maintaining the accuracy of this information. Should the registration information provided prove false or misleading, we may suspend or terminate your account. Our Privacy Policy governs registration data and other information collected from us about you regarding your use of the Services. 

 

Authorized Account Holder, Password and Security: Only the Authorized Account Holder may use an account. "Authorized Account Holder" is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration on the Website. By inputting a payment method to participate in real money contests or tournaments, the Authorized Account Holder affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s) on the Website. It shall be a violation of these Terms for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.

 

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your password or account. We reserve the right to disable any account if, in our reasonable opinion, your account information has been compromised. You agree to immediately notify BettorFantasy of any unauthorized use of your password or account or any other breach of security. BettorFantasy will not be liable for any loss or damage arising from your failure to protect your password and/or otherwise prevent unauthorized use and/or access to your account

 

Your account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any deposit or banking insurance system or by any other similar insurance system. Deposits and prizes after contests are finished are held in a separate, segregated bank account. We use third-party electronic payment processors to process financial transactions executed through your use of the Services. You irrevocably authorize us to instruct such processors to handle deposits and withdrawals from your account and irrevocably agree that we may give such instructions on your behalf in accordance with your requests, or as consequence of your activity regarding use of the Services.

 

Termination or Suspension of Accounts: You have the right to close your account at any time. We may need to suspend your account for any period we see fit if we reasonably believe that your account is being used in violation of applicable law(s). We also reserve the right to suspend or immediately terminate your account and/or take reasonable legal action against you if we reasonably believe that you (i) are cheating or engaging in fraud, (ii) are not the Authorized Account Holder; (iii) are under the legal age in the jurisdictions in which you reside, (iv) have provided incorrect and/or false information during registration of your account, (v) are in a jurisdiction excluded from participation in the Services, (vi) are harassing other players, (vii) posting objectionable material, (viii) have created multiple accounts, or (viii) have otherwise committed a breach of these Terms, the Privacy Policy, or any contest rules.

 

Modifications to Service: BettorFantasy reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BettorFantasy will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

Deposits and Withdrawals

 

Deposits: You may deposit funds in your account upon the providing of necessary information. The maximum deposit you can make into your account in any monthly period is USD $1,000.00; provided, we reserve the right to increase or decrease deposit limits pursuant to applicable law. If any deposit is charged back or is otherwise uncollectible for any reason, the amount of the initial deposit and any winnings generated from your participation in real money contests or tournaments from the time of the applicable deposit until its reversal or un-collectability shall be invalidated, forfeited and deducted from your account balance. BettorFantasy reserves the right to close your account if a deposit is charged back, or if it is determined that you: (i) are not of legal age in order to access the Website or Services, or (ii) have violated any of the Terms, at the time of making a deposit.

 

In order for you to make any deposits by credit card, you must be the authorized user of such credit card. You agree to immediately notify us of any changes to your credit card account number, its expiration date and/or your billing address in order to make deposits with your credit card. If your credit card is canceled or expired, you must immediately update your credit card prior to future use. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, failure to honor legitimate charges or requests for payment, or any other violation of these Terms will result in immediate termination of your account, forfeiture of winnings, and pursuit of civil litigation and/or criminal prosecution.

 

Third Party Payment Provider: When you use a third-party payment service provider to make a deposit on our Website, the third-party payment service provider maintains primary responsibility for payment and payment related customer support. The terms between the third-party payment service provider and customers who utilize services of the third party are governed by a separate agreement between the service provider and the customer, and are not subject to these Terms. It is your responsibility to review any agreements you may have with such third-party payment service provider, and you agree BettorFantasy shall not be liable for any damages resulting from your use of any third-party payment service provider.

 

Withdrawals: You may withdraw funds from your account at any time provided all prizes have been confirmed and you have satisfied our identification procedures. Where required by law, we will require you to furnish your tax identification number prior to payout of prizes. To make a withdrawal, you will need to fill out necessary information required by the Website. Payments and withdrawals can be made using credit or debit cards registered to your address only. We may not accept certain cards for payments, deposits or withdrawals.

 

AML Compliance: In order to protect against fraud and collusion, and to comply with anti-money laundering requirements, you may be prevented from withdrawing funds until a period of at 48 hours has elapsed since your last deposit. It is therefore advised that you wait at least 48 hours from the time of your last deposit before making a request to withdraw funds. 

 

Release: You may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and submit forms of identification including but not limited to a driver's license, proof of residence, and/or any information relating to payment/deposit accounts as reasonably requested by us in order to complete a withdrawal. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. 

 

Refund Policy: All payments (including, but not limited to, entry fees) provided for use of the Services are final. Except as otherwise provided in these Terms of Use, no refunds will be issued. 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 name the account was registered.

 

Contests

 

Games of Skill: All contests offered on the Website are fantasy sports contests of skill. Winners are determined by the objective criteria described in the contest rules, scoring, and any other applicable documentation associated with the contest. From all entries received for each contest, the individuals who use their skill and knowledge of relevant sports information, investment strategy, and fantasy sports rules to accumulate the most points according to the corresponding contest scoring rules will determine winners. Our Services (including, but not limited to, the contests) may not be used for any form of illicit gambling.

 

Entry Fees and Prizes: Users will be able to visit the Website and view the contests and tournaments available for entry. Each contest or tournament that is not free to enter will have an entry fee listed in US dollars. When you select to participate in a contest or tournament and complete the entry process, the listed amount of US dollars will be debited from your account.

 

Entry fees and prizes may vary depending on the contest. See each contest’s rules for more information. Each contest is governed by its own set of rules. We encourage you to read the rules prior to entry. All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that any legal authority challenges the awarding of any prizes to winners of a contest or tournament, BettorFantasy reserves the right in its sole discretion to determine whether or not to award such prizes.

 

Affidavit of Eligibility/Taxes: 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, the prize may be forfeited and/or might be awarded to another potential winner at our discretion. Failure to provide the Affidavit and/or any information requested to verify your eligibility may result in forfeiture of all prize(s) awarded to your account.

 

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 the right to request any other information from you deemed 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. 

 

Live Scoring: To the extent that BettorFantasy offers 'live' scoring during gameplay, all 'live' scoring and other information provided through the Website are unofficial. While BettorFantasy and the third parties used to provide the Services use reasonable efforts to include accurate and up-to-date information, neither BettorFantasy nor its third party providers warrant or make any representations of any kind with respect to the information provided through the Services and related information sources. BettorFantasy and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Website and related information sources, and shall not be responsible or liable for any error or omissions in that information.

 

Contest Results: Contest results will be based solely on the data provided by our third party data providers and may not be 100% accurate. As such, we cannot guarantee the accuracy of the data used to allocate points scoring in all circumstances, nor do we accept liability for any loss or damage resulting from any such inaccuracies. We reserve the right to make corrections or amendments to the scoring or points allocated during a contest at any time before the prize for that contest has been awarded. For more information regarding the scoring and points allocation system, please review the applicable rules for the contest.

 

Suspension and/or Cancellation of Contests: We reserve the right to suspend contest entries and/or cancel a contest at any time. Prizes will only be awarded if a contest is run to completion. In the event of a cancellation, all entry fees received for such contest will be credited back to each entrant’s account. We reserve the right to withhold payment and to cancel, suspend, and/or void any entries at our absolute discretion where: (i) there is a technological failure or other act beyond our reasonable control, including, but not limited to, an act of God, hurricane, war, fire, riot, earthquake, terrorism, an act of public enemies, actions of governmental authorities outside of our control, national emergency, pandemic, stoppage of athletic events, or other force majeure event; (ii) there is any issue with athlete tracking and/or projections; (iii) we suspect a breach any of these Terms; (iv) the integrity of the contest has been called into question; or (v) collusion between players has, or is believed to have, taken place.

 

Virtual Currency.

 

Virtual Currency: BettorFantasy may provide and/or allow you to obtain virtual currency and/or other virtual items (i.e. athlete shares) (“Virtual Currency”) for use on the Website or Services, including, without limitation, contest or tournaments. Such Virtual Currency may be subject to conditions and restrictions, including expiration dates. You acknowledge that Virtual Currency has no real world value and cannot be transferred, exchanged, or redeemed (from us or any other party) for real money, goods or other items of monetary value. 

 

You agree that BettorFantasy has the absolute right to manage, regulate, control, modify and/or eliminate Virtual Currency at any time as BettorFantasy sees fit in its sole discretion, in any general or specific case, and that BettorFantasy will have no liability to you based on its exercise of such rights. You agree that you have no right, title or interest in or to any such Virtual Currency appearing or originating pursuant to your use of the Website and/or the Services. 

All Virtual Currency shall be forfeited in the event your account is terminated or cancelled for any reason, or if BettorFantasy discontinues providing the Website or the Services offered thereon. 

 

You acknowledge that you do not in fact “own” the Virtual Currency. By acquiring Virtual Currency, you acknowledge that you have obtained a limited and revocable license to a digital product for use only in the Website, including, without limitation, the contest or tournaments. This license is personal to the owner of the account participating in such contest or tournament, and Virtual Currency may not be sold, transferred, assigned, gifted, traded or sublicensed (including for monetary exchange or for any other value). Account holders may not combine, transfer or share Virtual Currency with other account holders.

 

Any attempt to sublicense, rent, lease, trade, gift, transfer, sell or perform any action related to your use of Virtual Currency in violation of these Terms may subject you to termination of your account and/or legal action. We reserve the right to take any other action or additional action we deem appropriate in our sole discretion in the event we believe (in our sole discretion) that you have violated these provisions.

 

“BettorLive”

 

BettorLive will be run and governed in accordance with the rules and regulations described on the Website. 

 

BettorLive contains a user chat feature where users may interact with a community of other users. All comments must abide by our content standards. Any violation of our content standard, as determined in our sole discretion, may result in the user being banned from BettorLive and/or BettorFantasy. In the event a user is suspended, any and all Virtual Currency contained in the user’s account may be forfeited.

 

Any user deemed to be attempting to deceive or share misleading information relating to the contest shall be suspended from using BettorLive. Any such suspension is unappealable and is at the sole discretion of BettorFantasy. 

 

Conditions of Use

 

Prohibited Conduct: BettorFantasy reserves the right to investigate and take appropriate legal action against anyone who, in BettorFantasy’s sole discretion, violates these Terms, including without limitation, removing the offending user from the Service, suspending or terminating the account of such violators and/or reporting you to law enforcement authorities. You agree not to engage in any of the following activities regarding your use of the Website and Services:

 

  1. Submit false, misleading, or inaccurate personal information to create an account, enter a contest or tournament, or claim a prize;

 

  1. Engage in the use of artificial intelligence, including, but not limited to, “robots” or “bots” regarding your use of the Services (All actions taken in relation to the Services by you must be executed personally through the user interface accessible by use of the Services, and without the assistance of any form of artificial intelligence);

 

  1. Engage in any type of financial fraud, including, but not limited to, unauthorized use of credit instruments to create an account, enter a contest or tournament, or claim a prize;

 

  1. Exploit vulnerability or glitches to your advantage regarding your use of the Services;

 

  1. Use automated means (including but not limited to scripts and third-party tools) to interact with the Website in any way (this includes, but is not limited to: creating a contest or tournament, entering a contest or tournament, withdrawing from a contest or tournament, and/or otherwise participating in the contest or tournament);

 

  1. Tamper with the administration of a contest or tournament;

 

  1. Disable, remove, circumvent, damage, or otherwise interfere with any features (security related or otherwise) implemented by the Website; 

 

  1. Abuse the Website or Services;

 

  1. Use or access the Website or the Services from any jurisdiction or territory in which use of the Website or Services is illegal or impermissible;

 

  1. Spam other users;

 

  1. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

 

  1. Violate any applicable local, state, national or international law, or any regulations having the force of law;

 

  1. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

 

  1. Solicit personal information from anyone under the age of 18;

 

  1. Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

 

  1. Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

 

  1. Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

 

  1. Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

 

By entering into a contest or tournament or accepting any prize, to the extent allowable by law, you grant BettorFantasy and our affiliates, suppliers, and licensors and licensees a perpetual, worldwide, royalty-free irrevocable, non-exclusive right and license to use your name, voice, likeness, and digital and/or electronic image or likeness and any biographical information about you, and to reproduce, modify, adapt, publish, publicly and digitally display, translate, create derivative works from, and/or distribute such materials or incorporate such materials into any form, medium, or technology, now known or later developed, throughout the world, and the right to copy, disclose, distribute, incorporate and otherwise use such material for any and all commercial or non-commercial purposes. BettorFantasy may, in its sole and absolute discretion, require you to execute a separate release of claims as a condition of being awarded any prize or receiving any payout.

 

BettorFantasy reserves the right, and you grant BettorFantasy the authority, to use and assign all information regarding your use of the Website or Services provided by you in any manner consistent with our Privacy Policy.

 

BettorFantasy is not responsible for any incorrect, invalid or inaccurate information provided by users of the Website or for use of the Services; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit you to participate in a contest or tournament), including, without limitation, any injury or damage to you or any other person's computer or video equipment relating to or resulting from accessing the Website or Services or participation in a contest or tournament; inability to access the Website, or any web pages that are part of or related to the Website; theft, tampering, destruction, or unauthorized access to accounts; data that is processed late, incorrectly, or is incomplete or lost due to computer or electronic malfunction, or the Internet, or any service provider's facilities, or any website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.

 

Participation in each contest or tournament must be made only as specified in these Terms and applicable contest rules. Failure to comply with these Terms or applicable contest rules will result in disqualification and, if applicable, prize forfeiture.

 

All contest or tournament entries shall become the property of BettorFantasy. BettorFantasy reserves the right to move entrants from a contest or tournament they have entered to a substantially similar contest or tournament in certain situations as determined by BettorFantasy in its sole discretion.

 

Intellectual Property Rights

 

BettorFantasy Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by BettorFantasy, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If BettorFantasy blocks you from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of BettorFantasy, our affiliates and our partners (the “Software”). 

 

Subject to your compliance with these Terms, BettorFantasy grants you a limited non-exclusive, non- transferable, non-sublicensable license to download and install the Software on a mobile device or computer that you own or control and to participate in the Services solely for your own personal, non-commercial purposes. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. BettorFantasy reserves any rights not expressly granted herein.

 

The BettorFantasy name and logos are trademarks and service marks of BettorFantasy (collectively the “BettorFantasy Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to BettorFantasy. Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of BettorFantasy Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of BettorFantasy Trademarks will inure to our exclusive benefit.

 

Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, Service Content, use of the Service, or access to the Service. The Service is for your personal use only.

 

Third Party Material: Under no circumstances will BettorFantasy be liable in any way for any content or materials of any third parties (including other users, referred to as the “User Content”), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that BettorFantasy does not pre-screen content, but that BettorFantasy and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is made available via the Service. Without limiting the foregoing, BettorFantasy and its designees will have the right to remove any content that violates these Terms or is deemed by BettorFantasy, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

 

User Content:  The Services 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 Content”) on or through the Services. 

 

Any User Content you Post to the Services will be considered non-confidential and non-proprietary. By Posting any User Content through your use of the Services, 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 User Content for any purpose. 

 

You understand and acknowledge that you are responsible for any User Content 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 Content Posted by you or any other user of the App. 

 

We have the right to: (i) remove or refuse to Post any User Content for any or no reason in our sole and absolute discretion; (ii) take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including, but not limited to, if we believe that such User Content violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services, or the public, or could create liability for BettorFantasy; (iii) disclose your identity or other information about you or your 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 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 Content on the App violates these Terms, please notify us by sending an email to us at support@bettorfantasy.com.


 

User Content Standards: User Content must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content 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

 

Third Party Websites

 

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. BettorFantasy has no control over such sites and resources and BettorFantasy is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that BettorFantasy will 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 content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that BettorFantasy is not liable for any loss or claim that you may have against any such third party.

 

Indemnity and Release

 

You agree to release, indemnify and hold BettorFantasy and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. 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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

 

Disclaimer of Warranties

 

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BETTORFANTASY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BETTORFANTASY MAKES NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEBSITE; (B) THE SERVICE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEBSITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEBSITE BY USERS; (E) ANY SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. 

 

BETTORFANTASY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, BETTORFANTASY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE SERVICES.

BETTORFANTASY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

 

Limitation of Liability

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BETTORFANTASY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BETTORFANTASY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL BETTORFANTASY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID BETTORFANTASY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

 

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.

 

Dispute Resolution By Binding Arbitration: THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. YOU AGREE THAT IF WE CANNOT RESOLVE A DISPUTE, ALL DISPUTES ARISING UNDER THESE TERMS SHALL BE SETTLED IN BINDING ARBITRATION. YOU ALSO AGREE THAT ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY AND PARTICIPATION IN A CLASS ACTION LAWSUIT.

 

  1. Agreement to Arbitrate

 

This Dispute Resolution by Binding Arbitration section is referred to in this Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and BettorFantasy, whether arising out of or relating to this Terms (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration in accordance with the terms of this Arbitration Agreement. You agree that, by entering into this Terms, you and BettorFantasy are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

 

  1. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND BETTORFANTASY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BETTORFANTASY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

 

  1. Pre-Arbitration Dispute Resolution

 

A party who intends to seek arbitration must first send to the other, by certified mail or email, a written Notice of Dispute (“Notice”). The Notice to BettorFantasy should be sent to support@bettorfantasy.com. You agree that all notices to be sent to you shall be sent to the email associated with your account. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If BettorFantasy and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or BettorFantasy may commence an arbitration proceeding. 

 

  1. Arbitration Procedures

 

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. The arbitrator may award any relief that a court of competent jurisdiction could award, and the arbitration decision may be enforced in any court of competent jurisdiction. You agree to abide by all decisions and awards rendered in such a proceeding, which shall be final and conclusive. At your request, hearings may be conducted in person or by telephone. The prevailing party in any action or proceeding shall be entitled to reasonable costs and attorneys' fees.

 

Unless BettorFantasy and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, AAA shall make the determination. If your claim is for $10,000 or less, BettorFantasy agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the AAA Rules will determine the right to a hearing. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

 

Notwithstanding the foregoing arbitration provisions, in no event shall BettorFantasy be precluded or delayed from seeking and obtaining temporary, preliminary and/or permanent injunctive relief, without the posting of any bond or proving of actual damages, against infringement or other violation of its claimed Intellectual Property rights in a court of appropriate jurisdiction.

 

  1. Confidentiality

 

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

 

  1. Severability

 

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms will continue to apply.

 

Termination

 

You agree that BettorFantasy, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if BettorFantasy believes that you have violated these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities. BettorFantasy may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms may be carried out without prior notice, and acknowledge and agree that BettorFantasy may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that BettorFantasy will not be liable to you or any third party for any termination of your access to the Service.

 

User Disputes

 

You agree that you are solely responsible for your interactions with any other user in connection with the Service and BettorFantasy will have no liability or responsibility with respect thereto. BettorFantasy reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.


 

Updates to the Services

 

BettorFantasy may, from time to time and in its sole and absolute discretion, develop and provide Service 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 Services 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 Services 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 Services and be subject to all terms and conditions set forth within these Terms of Use.

 

General

 

These Terms constitute the entire agreement between you and BettorFantasy and govern your use of the Service, superseding any prior agreements between you and BettorFantasy with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and BettorFantasy agree to submit to the personal and exclusive jurisdiction of the courts located in Delaware. The failure of BettorFantasy to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Nothing in these Terms shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein. Nothing in these Terms shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between the parties. Unless otherwise stated, no individual athlete, or professional or amateur sports league or any team associated with any professional or amateur sports league is associated with BettorFantasy or in any way affiliated or associated with the contest or tournaments offered through the Website. If a court of competent jurisdiction deems any provision of these Terms invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms shall be binding on your successors, heirs, personal representatives, and permitted assigns. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent, which may be withheld in our sole discretion. We may assign rights or delegate duties under these Terms to an affiliate or subsidiary in our sole discretion. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Service.

 

Contact

 

If you have any questions or concerns regarding these Terms, Website, or Services, please contact us at support@bettorfantasy.com.