Last updated: November 12, 2017
ACCEPTANCE OF TERMS
DESCRIPTION OF WEBSITE AND APPLICATION SERVICES OFFERED
DraftMatch is a sports website and application which has the following description:
The main purpose of the Site and the App is to give users a fast and easy way to play Daily Fantasy Sports. It provides the possibility for a user to create or enter a matchup in a matter of minutes.
Any and all visitors to the Site and/or the App, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOU. Once an individual register’s for our Services, through the process of creating an account, the user shall then be considered a “member”.
The user and/or a member acknowledges and agrees that Services provided and made available through our website and/or application are the sole property of DraftMatch. At its discretion, DraftMatch may offer additional Services or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services, all updated, modified or revised Services unless otherwise stipulated. DraftMatch does hereby reserve the right to cancel and cease offering any of the aforementioned Services. You, as the end user and/or member acknowledge, accept and agree that DraftMatch shall not to be held liable for any such updates, modifications, revisions or discontinuance of any of our Services and/or products. Your continued use of the Services provided your acceptance of such updates, changes and modifications. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that Services offered shall be provided “AS IS” and such DraftMatch shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
To register and become a “member” of the Site and/or the App, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving our Services under the laws and statues of the USA or other applicable jurisdiction.
Users who wish to register with DraftMatch are required to provide true, accurate, current and complete information about themselves as prompted by registration forms provided. You agree to update your information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to aforementioned conditions, we may deny you or terminate your access to the Site and the App, parts of it or our Services. We are not responsible for any failure in providing the Services, which result from information that is not true, accurate, current and complete. You further confirm by registering that you have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct.
When you register, DraftMatch may collect information such as your name, e-mail address, birth date, gender, occupation and personal interests. You can edit your account information at any time.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOU. It shall be a responsibility to notify DraftMatch immediately any unauthorized access of use of your account or password or any other breach of security. If you ever find out or suspect that someone access your account without authorization, you are advised to inform us immediately. DraftMatch shall not be held liable for any loss and/or damage arising from any failure to comply with this term of use.
PRICING AND PAYMENT
You are able to pay for our services directly through the App. All payments will be conducted through bitcoin payment method. Bitcoin is a digital currency and the value of that currency is constantly changing. A user’s balance in the App will change based off the value of bitcoin. DraftMatch is not responsible for the value of a bitcoin.
We may, at our own discretion, limit the number of available Services or refuse to provide the Service without the need to deliberate on the reasons for such action. We may especially refuse to accept your order if:
The billing information you provided is incorrect, or invalid, or we are otherwise unable to process the payment,
We suspect that order is fraudulent. We reserve the right to refuse any order which we, in our sole discretion, find to have been placed as a result of fraudulent activity,
You warrant that you will abide by, without limitation, all applicable local, national and international laws and regulations with respect to your use of the Site and/or the App and not interfere with the use and enjoyment by other users or with the operation and management of the Site and/or the App. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Site and/or the App, including, without limitation, information required to be provided through a DraftMatch website and/or application registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, DraftMatch reserves the right to terminate your access and use of the website and application. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Site and/or the App, or defame or otherwise harm any party through your use of the Site and/or the App.
Some areas of the Service allow Members to post data and other information (“Member Content”). You are solely responsible for your Member Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) within any network on DraftMatch the Site and/or the App, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Member Content and we have no responsibility in connection therewith.
You agree not to post Member Content that:
may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person;
may create a risk of any other loss or damage to any person or property;
may constitute or contribute to a crime or tort;
contains any information or content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable;
contains any information or content that is illegal;
contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
contains any information or content that you know is not correct and current. You agree that any Member Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity and privacy.
As a member of DraftMatch, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to DraftMatch at email@example.com.
As a member, you agree that DraftMatch may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
any breach or violation of our TOU or any other incorporated agreement, regulation and/or guideline;
by way of request from law enforcement or any other governmental agencies;
unexpected technical or security issues and/or problems;
any extended periods of inactivity;
any engagement by you in any fraudulent or illegal activities
the nonpayment of any associated fees that may be owed by you in connection with your DraftMatch account Services.
Furthemore, you herein agree that any and all terminations, suspensions, discontinuances, and/or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with DraftMatch shall include any and/or all of the following:
the removal of any access to all or part of the Services offered within DraftMatch;
the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part of thereof;
the barring of any further use of all or part of our Services.
PERSONAL PRIVACY AND DATA PROTECTION
You herein acknowledge, understand and agree that all of the DraftMatch trademarks, copyright, trade name, service marks, and other DraftMatch logos and brand features, and/or product and service names and trademarks and as such, are and shall remain the property of DraftMatch. You herein agree not to display and/or use in any manner the DraftMatch logo and marks without obtaining DraftMatch’s prior written consent.
LICENCE, INTELLECTUAL PROPERTY RIGHTS
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to use the Site and/or the App. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the Site and/or the App and its Content; distribute, transfer, sublicense, lease, lend or rent the Site and/or the App or its Content to any third party; reverse engineer, decompile or disassemble the Site and/or the App; or make the functionality of the Site and/or the App available to multiple users through any means.
If you post content on the Site and/or the App, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such content on the Site and/or the App and on any other marketing material we may create. Whenever we might use the User generated content we will give appropriate credit to the content provider through their account username if available. Except before mentioned usage of user generated content, you retain copyright and any other rights you already hold in content which you submit, post or display on or through the Services.
We aim to provide a safe space for all our Members. However, considering how we do not monitor user-generated content on the Site and/or the App, you agree to inform us immediately if you come across any illegal activity, activity that is in breach of these Terms, or activity you suspect might be in violation of these Terms or applicable laws or might otherwise be objectionable. Although we expressly prohibit posting of any User Generated Content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties, we do not pre-screen the content, so you hereby agree that you may be exposed to any such content and that you use the Services at your own risk. We reserve the right to remove any content, which we find to constitute a breach of these Terms or relevant laws, without notifying the users or providing reasoning for such action. You recognize and concur that DraftMatch bears no obligation regarding the risk, harm, damage, or loss that might emerge from content submitted to or distributed on the Site and/or the App.
Users are advised not to assume that any User Generated Content, including but not limited to persons description and identity, is accurate. A person may not be who he or she claims to be. You should at all times exercise the same caution you would normally when you meet people. We cannot be liable for false or misleading statements by Users.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
RULE OF CONDUCT
During your use of our Services, you will not behave contrary to the Terms, Policies, applicable laws and regulations, and you will especially not, without limitation, do anything of the following:
send or otherwise post unauthorized commercial communications (such as spam) on the Site and/or the App;
collect users’ content or information, or otherwise access the Site and/or the App, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
upload viruses or other malicious code;
solicit login information or access an account belonging to someone else;
bully, intimidate, or harass any other User;
provide any false personal information on the Site and/or the App, or create an account for anyone other than yourself without permission;
create more than one personal profile;
post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties;
harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site and/or the App;
take any action creating a disproportionately large usage load on the Site and/or the App unless expressly permitted by us;
delete, hide, remove or modify any Content or communication of the Site and/or the App or of other individuals other than yourself;
(xii) Encourage participation or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the website and/or application.
These Terms shall be governed and construed in accordance with the laws of the USA, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
You and DraftMatch agree that any dispute, claim or controversy arising out of or relating in any way to the DraftMatch Service or your use thereof, including our Agreements, shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and DraftMatch are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA Rules”), as modified by these Agreements, and as administered by the AAA. You and DraftMatch agree that these Agreements involve interstate commerce and are subject to the Federal Arbitration Act.
Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA’s Consumer Rules with the remainder paid by DraftMatch. Any arbitration costs or fees deemed “excessive” will be paid by DraftMatch.
DISCLAIMER AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, THE SITE AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, AND/OR DELIVERING THE SERVICES AND THE SITE ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH ACCESS TO, USE OF, OR BROWSING THE SITE AND THEIR RESPECTIVE CONTENT, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY BUGS, VIRUSES, OR ANY COMPUTER SYSTEM, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES, OR DELAYS. IN NO EVENT WILL DraftMatch, OR ANY OF OUR AFFILIATES OR SERVICE PROVIDERS BE LIABLE FOR ANY LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR OF THE INABILITY TO USE ANY CONTENTS ON THE WEBSITE AND/OR THE APPLICATION.
DraftMatch, it’s employees, agents, and its directors do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided on the Site and/or the App, or anyone else through the Site and/or the App, or any errors, in or omissions from information on the website and/or the application.
DraftMatch is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Site and/or the App, nor caused by the delay, malfunction of the operation or the availability of the Site and/or the App.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.