Hi. We’re My Fantasy Lineups(“MFL”). My Fantasy Lineups is a Mobile App. We’re glad you’re here, and we hope you’ll stay, but our lawyers told us that there needed to be rules. So, these are the rules that you agree to by using My Fantasy Lineups.
This agreement (the "Terms of Service" or "Agreement") sets forth legally binding terms for your use of the Services. By using the Services, you agree to be bound by these Terms of Service, whether you are:
The term "User" refers to a Member or a User. By browsing or registering or using the Mobile App you are agreeing to these Terms of Service. These Terms of Service along with any other guidelines we may post from time to time, such as our Privacy Policy [http://myfantasylineups.com/privacy.html] (the "Guidelines") will govern your use of the Services. If you do not agree to these Terms of Service or any of the Guidelines, you must cease use of the Services.
These Terms of Use are intended to be in addition to the End User License Agreement (found here: https://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/) for the Mobile Application, and to the extent any of these Terms of Use conflict with the End User License Agreement, these Terms of Use shall be deemed to apply and the conflicting provision in the End User License Agreement shall not be applicable. Any reference to the Website in these Terms of Use shall also be deemed to include the Mobile Application. You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set forth in these Terms of Service. If you are using the Mobile App as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.
1. EligibilityUse of the Mobile App is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age and older; and (d) your use of the Services does not violate any applicable law or regulation. Your account may be deleted and may be terminated without warning, if we suspect that you are under 18 years of age.
2. PasswordBy becoming a Member you will also be asked to choose a password for your account. You are solely responsible for maintaining the confidentiality of your password, and fully responsible for all activities that occur under your account. You agree not to use the account, username or password of another User at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to notify us [support@myfantasylineups.com] immediately of any unauthorized use of your password or account or any breach of security and understand that we reserve the right to take legal actions against individuals who misuse accounts on the My Fantasy Lineups.
3. FeesFrom time to time a portion of the Services may be offered to you free of charge. More commonly, you have the opportunity to purchase the Services and additional features as may be made available by us, Applications, our affiliates, or business partners. When you purchase the Services, the seller and party with whom you are contracting is My Fantasy Lineups See sections 10-12 below for specific terms relating to our paid services.
4. Website Content and User DataBy visiting or becoming a Member of My Fantasy Linups using our Services, you agree that the Content and information you provide during the registration process (including your email address) and other interactions with the Mobile App may be accessed by My Fantasy Lineups and their authorized representatives and administrators.
You further agree that, as between you and us, subject to this Agreement and each User’s rights, we own all right, title and interest, including all intellectual property rights, in and to the User Data collected by us. Notwithstanding the foregoing, in order for us to run your Mobile App on the Sites, you hereby grant us a nonexclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, fully paid-up, royalty-free right and license to (i) use, reproduce, store, modify, create derivative works of, distribute, publicly perform and display the User Data on or through the Sites and in all current and future media in which the Services may be distributed; (ii) use and disclose the User Data and related metrics in an aggregate or other non-personally identifiable manner (including, for use in targeting advertising in a non-personally identifiable manner through and in connection with the Sites); and (iii) use User Data for other purposes permitted by our Privacy Policy [http://myfantasylineups.com/privacy.html].
5. Proprietary Rights to ContentThe Services contain proprietary content that is protected by copyright, trademark, patent, trade secret and other laws in the United States and around the world (the "My Fantast Lineups Content"). We own and retain all rights in the My Fantasy Lineups Content and the Services. We hereby grant you a limited, freely revocable, non-sublicensable license to reproduce and display the My Fantasy Content (excluding any software code) solely for your personal use in connection with using the Services.
The Services contain Content of Users and other licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, archive, transmit, distribute, perform, display, decompile, reverse engineer, attempt to access the source code, create derivative works from, rent or sell any Content appearing on or through the Services without permission of the My Fantasy Lineups.
We always appreciate your feedback or other suggestions you may have about My Fantasy Lineups but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
6. Posting ContentPlease choose carefully the Content you post on any Website and that you provide to other Users. You may not use the Services to post, disseminate or communicate any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, content communicated by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and we assume no responsibility or liability for this material.
Without assuming any obligation to do so, we may delete any Content or suspend any account associated with it, that in our sole judgment violates this Agreement or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person. We assume no responsibility for monitoring the Services for inappropriate Content or conduct. If, at any time, we choose, in our sole discretion, to monitor the Services, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Users and for your interactions with other Users. We do not endorse and has no control over the Content. Content is not necessarily reviewed by us prior to posting and does not necessarily reflect our opinions or policies. We make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to, or receive from, other Users.
7. Prohibited Content/ActivityThe following is a partial list of the kind of Content and activity that is prohibited through the use of the Services. We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, with or without prior notice, and without liability if we believe you are in violation of this provision. We further reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting it to, and cooperating fully with, law enforcement authorities. Prohibited Content and activity includes, but is not limited to, Content or activity that in our sole discretion:
The trademarks, logos, service marks, images, trade names and other distinctive branding features of My Fantasy Lineups used in connection with the Services are our trademarks and may not be used without our permission. Other trademarks that may appear on our Services are the property of their respective owners. All notices and links will be displayed consistently in such form and placement as we determine in our sole discretion.
9. User SupportIf you have any question with regards to your account, please contact us at support@myfantasylineups.com.
10. PricingThe Services are offered at multiple levels that vary by attributes. All prices are subject to change from time to time. We may choose to temporarily change the fees for the Services for promotional or new services, and such changes are immediately effective when we post the temporary promotional event or new service on the Sites. Unless otherwise stated, all fees are quoted in U.S. Dollars.
11. Other Paid ServicesIn addition to the Services, as a Website Creator you may purchase other paid services (collectively, the "Other Paid Services") which may be provided as a one-time transaction or recurring subscription in connection with an Application or as additional services. Such Other Paid Services may be provided solely by us or in collaboration with Application Developers, affiliates or business partners. You may be presented with additional terms related to a specific purchase before you confirm such transaction. Those additional terms will also govern that transaction.
Please note that if you enter into a transaction with a third-party, such as by purchasing an item through a Website hosted on the Sites, and have a dispute over the goods or services you purchased we have no liability for such goods or services. Although we may intervene in disputes between Users concerning payments, we have no obligation to do so.
12. TaxesYou are responsible for paying any governmental taxes imposed on your use of My Fantasy Lineups, including, but not limited to, sales, use, or value added taxes.
13. Disclaimer of Service of ResaleYou agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including User Security information), use of the Service, or access to the Service.
14. Copyright InfringementYou may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). In addition, we will promptly terminate without notice the Membership privileges of those determined by us to be repeat infringers. If you are a copyright owner and you believe that any content hosted on the Sites infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:
The fastest way to reach our Copyright Agent for notices of claims of copyright infringement is by submitting this Automated DMCA form [https://automattic.com/dmca-notice/]. 15. My Fantasy Lineups Communications It is our policy to provide notifications, whether such notifications are required by law or are for Service related purposes, to you via email or, written or hard copy notice, as we determine in our sole discretion. By providing us with your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as updates, user communications, newsletters, changes to features of the Service, or special offers. If you do not want to receive certain email messages, you may opt out by contacting our support team [support@myfantasylineups.com]. Opting out may prevent you from receiving valuable messages regarding updates, improvements, offers, or communications from other Users. We reserve the right to send you notices about your account even if you opt out of all voluntary email notifications.
16. Third Party Content and Interaction; Third Party SitesYou agree to comply with the license and restrictions applicable to each item of Content you post, copy, access, or use. You understand that by using My Fantasy Lineups you may be exposed to Content that is offensive, objectionable, or indecent, and that you use the My Fantasy Lineups at your own risk. The inclusion of any such Content on My Fantasy Lineups does not imply our affiliation or endorsement of such Content. Like with any Mobile App interaction, we suggest that you use caution and good judgment. You agree that we are not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's or third party’s use or disclosure of your personal information. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved. You release My Fantasy Lineups, its officers, directors, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users and third parties.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE (“CCC”) SECTION 152, 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.
CCC § 1542. And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
Additionally, My Fantasy Lineups, Users or third parties may provide hyperlinks on the Sites or Websites, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). Links to these Third Party Sites are provided solely for your convenience and in no way does the inclusion of any link on the Sites or any Website imply our affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. We expressly disclaim responsibility for the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the Sites. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.
17. Privacy of Your InformationWe care about the privacy of our Users. Click here to view our Privacy Policy [http://myfantasylineups.com/privacy.html]. Your information may be stored and processed in any country in which My Fantasy Lineups and its service providers maintain facilities, including outside of the United States of America. In this regard, or for purposes of sharing or disclosing data in accordance with this Agreement, we reserve the right to transfer information outside of your country. By using the Services, you consent to any such transfer of information outside of your country.
18. IndemnityYou agree to indemnify, defend, and hold harmless My Fantasy Lineups, its subsidiaries, and affiliates, and their respective officers, agents, co-branders or other partners, employees, and third party Paid Service providers from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to:
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
19. Disclaimer of WarrantiesYOUR USE OF THE SITES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITES, AND ALL WEBSITE CODE, PLATFORM CODE, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. My Fantasy Lineups AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM My Fantasy Lineups, OR THEIR SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE SITES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
My Fantasy Lineups IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR APPLICATION DEVELOPER ON THE SITES, PLATFORM, APPLICATIONS OR WEBSITES.
20. Limitation of LiabilityYOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL My Fantasy Lineups OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, BUSINESS OR PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE SERVICES, ANY WEBSITE OR PLATFORM; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY OF OUR GUIDELINES (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO US BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN My Fantasy Lineups (INCLUDING APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITES OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
21. Changes to ServicesWe reserve the right at any time (and from time to time) to modify, suspend, or discontinue providing the Services or any part thereof with or without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
22. AmendmentsWe may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on myfantasylineups.com. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of the Sites or any Website after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing User on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to myfantasylineups.com or elsewhere on the Sites. The revised version will apply to you immediately if you are a User who registers or first uses the Mobile App on or after the posting of the revised version.
23. Term and TerminationThis Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your account and end your use of the Mobile App at any time and for any or no reason. We have the right (in our sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Mobile App or any Website, (ii) remove and discard any Content within the Mobile App with or without notice, and with no liability of any kind to you.
If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.
24. Effects of TerminatingUpon deactivating your account, this Agreement terminates and your access rights to My Fantasy Lineups. For Content you wish to delete from the My Fantasy Lineups, you can delete it from the Mobile App. We are not responsible for deleting Content on your behalf and we will not have any obligation to assist you in migrating your data off of the My Fantasy Lineups. Note that, even if Content is deleted from our active servers, it may remain in our archives (although we have no obligation to archive or back-up your Content). We will have no obligation to refund any fees paid for Paid Services.
25. SurvivalThe provisions under the following sections will survive termination of this Agreement for any reason: Sections 2, 4-9, 11-17, 19-23, 26-31.
26. Law and ArbitrationThis Agreement shall be governed by the laws of the State of California without giving effect to any principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within the State of California for the purpose of litigating all such claims or disputes Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration and has to be initiated within thirty (30) days after it arises, or the cause of action is barred. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
27. United States Export ControlsYou agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. Specifically, you agree that you shall not -- directly or indirectly -- sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such software or technology) received from us under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. You agree to indemnify, to the fullest extent permitted by law, My Fantasy Lineups from and against any fines or penalties that may arise as a result of your breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.
28. GeneralYou agree to comply with all policies applicable to My Fantasy Lineups, and those of our third party Paid Service providers, which policies are either posted on myfantasylineups.com or provided to you by a link in these Terms of Service. In addition, you agree to comply with all applicable laws. The failure of My Fantasy Lineups to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. Your accounts are non-transferable. The parties are independent contractors with respect to each other. You may not delegate your duties under this Agreement or assign this Agreement, in whole or in part. We may assign this Agreement in whole or in part in our sole discretion without your consent and without notice. Any unauthorized use of any My Fantasy Lineups computer system is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. Section 1030, et seq.), Sections 3-805 and 3-805.1. Such violations may subject you and your agents to civil and criminal penalties. This Agreement, including links to any third party Paid Service provider terms and conditions, constitutes the entire agreement between you and My Fantasy Lineups and governs your use of the Mobile App, superseding any prior agreements (whether written or oral) between you and My Fantasy Lineups regarding the subject matter hereof. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any "act of God". Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.
Cool? Cool.