These Terms of Use describe your rights and obligations and conditions that may apply whenever you use our website. We maintain a Privacy Policy, that you can review, that describes your rights and obligations whenever you provide us with personal information requested by us for the use of our website. You should read these Terms of Use carefully before using our website. We may also from time to time post rules or guidelines that will apply to certain services on our website. You are responsible for complying with all posted rule and guidelines appearing on our website. You should read all such rules and guidelines as they are posted from time to time. The Terms of Use below, together with any posted rules of guidelines, are collectively the Terms that apply to your use of the website.
Throughout these Terms of Use, we refer to 365FantasySports as "we", "us", "our", the "company", or similar terms. The use of the term "you" or "your" refers to the individual user who accesses or uses our website, and any content or services offered through or on our website, whether or not you have established or registered an account with us.
1. ACCEPTANCE OF THESE TERMS.
The web pages available at www.365FantasySports.com , and any pages that are linked pages to the 365FantasySports website, are owned and operated by 365FantasySports, which is a trade name used by 365 Fantasy Sports, Inc., a Florida limited liability company. Throughout these Terms of Use, the web pages and linked pages described above are together referred to as the "Site". The Site may be accessed by you and used by you only under these Terms of Use. When you access the Site, or use any part of the Site, or any content or services offered by us through or on the Site, you agree to be bound by the terms and conditions in these Terms. You must agree to these Terms in order for you to access or use the Site.
2. MODIFICATION OF THESE TERMS, CHANGES TO THE SITE.
We reserve the right, in our sole discretion, to modify or change these Terms of Use, and any rules or guidelines applicable to services offered through or on the Site, or to replace any of the Terms, at any time. We will notify you before any such modifications or changes are made that may affect your use. You are responsible for reviewing all modifications. If you access or use the Site, or any content or services offered on or through the Site, after receiving notice of changed terms, you agree to be bound by and accept the Terms of Use as modified.
We reserve the right to make changes to or discontinue any features or services offered on or through the Site at any time and without notice. We may also discontinue providing access to the Site, or any part thereof, with or without notice. You will receive a refund of any credits do you on your account in the event that we discontinue access to the Site.
3. ELIGIBILTY
365FantasySports allows only natural persons who are over the age of 18 years, and residing in certain states, to use our Site. We do not allow corporations or similar organizations, or persons under the age of 18, to use our site. You represent and warrant to us that you are a natural person and are fully able and competent to enter into these Terms, to undertake the obligations, and to make the representations and warranties that are contained in these Terms.
To deposit money to play paid entry games, you represent and warrant that:
- you are of 18 years of age or older;
- you are a citizen or resident of the United States of America and that you have an address in the United States of America;
- you are physically located in the United States of America and reside in a jurisdiction in which participation in any contest you choose to participate in is not prohibited by applicable law;
- you will abide at all times by these Terms of Use and any other Terms or agreements between you and 365FantasySports regarding your use of the Site or participation in games; and
- you are not a resident of any of the following states: Arizona, Iowa, Louisiana, Maryland, Montana or Vermont;
- you are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.
If you do not meet these eligibility requirements listed above, then do not use our Site. We reserve the right, in addition to our other rights in law and equity, to suspend or terminate your account, withhold or revoke the awarding of any prizes associated with your account, and to take other reasonable actions in the event we receive notice that you do not in fact meet the foregoing eligibility requirements. We may require that you provide proof that you are eligible to participate in the games on our Site and to receive a prize from your participation.
We allow each individual participant to set up only one account on the Site. You may establish only one account per person. If we receive notice that you have more than one account open per person on our Site, we may, in addition to other rights we may have in law or equity, suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.
You may use the Site only in accordance with these Terms. You expressly agree not to download, reproduce, redistribute, retransmit, publish, resell, publicly display or otherwise commercially exploit any portion of the Site. You agree not to tamper with, alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purposes. You agree to abide by all laws applicable in the jurisdiction in which you reside concerning or regarding your use of the Site. We make no representation that the Site, or any content or services offered through or on the Site, is appropriate or available for use in all locations. You are solely responsible for compliance with local laws.
Our employees or agents with access to user line-ups or scoring systems may use the Site for the purpose of testing the user experience, but may not withdraw money or prizes for themselves.
4. CONDITIONS OF PARTICIPATION
You Must Register to Use the Site.
In order to participate in a contest(s) on the Site, you must register for an account. By registering as a user of the Site, you agree to provide accurate, current and complete information about yourself as requested and maintain and update this information as necessary from time to time. We reserve the right to deny you access to the Site if we determine that the information you have provided is not accurate or complete.
Activation of Username and Password, Security
When you register an account with us, you must provide an email address and Username and Password to be used with your account. The Username and Password will enable you to access certain areas on our Site that are restricted to registered participants. You are responsible for maintaining the confidentiality of your Username and Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) keep your Username and Password confidential and not share them with anyone else; (b) immediately notify us of any unauthorized use of your Username and Password, or your account; and (c) use only your Username and Password and not those of any other person. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
YOU ARE RESPONSIBLE FOR ALL LOSSES AND DAMAGES ASSOCIATED WITH THE USE OF YOUR USERNAME AND PASSWORD BY SOMEONE OTHER THAN YOU. IF YOU BELIEVE YOUR USERNAME OR PASSWORD HAS BEEN LOST, STOLEN, OR IS OTHERWISE BEING USED WITHOUT YOUR AUTHORITY, YOU MUST NOTIFY US IMMEDIATELY.
You acknowledge and agree that we are authorized to act on instructions received through use of your Username and Password, and that we may, but are not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason.
Option to Receive Communications
We may from time to time send communications to you related to content on our Site. You understand and agree that these communications are part of your registration, and that you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to us at info@365FantasySports.com.
Disclosure
You acknowledge, consent and agree that 365FantasySports may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce these Terms; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of 365FantasySports, its users and the public.
Disqualification of Participants for Misconduct on our Site.
You may enter or participate in games offered on or through our Site, or otherwise utilize and access the content and services on our Site. We reserve the right, in our sole discretion, to disqualify you or any other participant or entrant from our service, refuse to award fantasy points or prizes and require the return of any prizes, if you engage in conduct that we deem to be improper, unfair or otherwise adverse to the operation of the service or in any way detrimental to other participants or entrants. The type of conduct that may be improper under this term includes, but is in no way limited to: falsifying personal information required to use the service or claim a prize; violating any of these rules, accumulating points or prizes through unauthorized methods such as automated scripts or other automated means; tampering with the administration of the service or trying to in any way tamper with the computer programs associated with this service; obtaining other participants' or entrants' information; spamming; and abusing the Site in any way. You also acknowledge that the forfeiture and/or return of any prize shall in no way prevent 365FanasySports from pursuing criminal or civil proceedings in connection with such conduct.
NO ILLEGAL GAMBLING OF ANY KIND.
In addition to the foregoing prohibitions, you may not use the Site for any form of illegal gambling.
ADDITIONAL WARNINGS
We are not responsible for: any incorrect, invalid or inaccurate entry information; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, 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 an entrant to participate in the service), including without limitation any injury or damage to any entrant's or any other person's computer equipment relating to or resulting from participation in the service; inability to access any website, or any web pages of 365FantasySports; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
We are also not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason the service is not capable of running as originally planned, or if the service or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer (or similar) virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in our sole opinion, corrupts or affects the administration, security, fairness, integrity or proper conduct of the service, we reserve the right, in our sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, we will post a notice on the Site.
Our failure to comply with any of these rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of our control (except for compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these terms.
No professional sports league nor any team associated with any professional sports league is a sponsor or in any way affiliated with this service.
5. GAME RULES
We Offer Games of Skill
365FantasySports is a game of skill. Participants enter contests of their choosing posted on the Site, after registering an account with us. Participants are responsible for following the rules and guidelines that apply for each contest. Winners are determined by the rules posted for each contest, and winners are the individual entrants who use their skill and knowledge of relevant professional sports information and fantasy sports rules to accumulate the most fantasy points. Fantasy points are accumulated through the performance of individual athletes across multiple sports events. All entries in any contest on our Site must be made up of players drawn from a minimum of two sporting events.
Entry fees
Each contest on our Site has an entry fee listed in US dollars. When you opt to participate in a contest, the entry fee for that contest will be debited from your account, calculated in US Dollars. You will be prompted to follow certain links and instructions provided after your entry. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose Username the entry was submitted, or if possession of the Username itself is contested, the name in which the email address on file was registered with the email service provider.
Contest Term
We offer contests for multiple professional sports events taking place on a single day or at most a week.
Prizes
Prizes are awarded at the completion of each contest to the winner who accumulates the most fantasy points for that contest. Prizes will generally be awarded 10-12 hours following the completion of the contest. Different contest rules may apply, which will be posted on the Site for your review. Prizes are added to the winning team's account balance. In the event of a tie, the prize is divided evenly between the tied players. Prize calculations are based on the results as of the time when final scoring is tabulated by us.
Once prizes are awarded, the scoring results will not be changed regardless of any official adjustments made by the professional leagues. Prizes and scoring may at times be changed due to scoring or technical issues at the sole discretion of management.
We will not accept any substitution of transfer of prizes. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of a contest is challenged by any legal authority, we reserve the right in our sole discretion to determine whether or not to award such prizes.
Notification
We generally post winners for individual contests on the Site within a day of the completion of the contest. Winners may be requested to return via email or regular mail an affidavit of eligibility and appropriate tax forms. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. In addition, a list of winners and winner's names for each competition period may be obtained by writing to: support@365FantasySports.com.
Taxation
In early January each year all winners who have won $600 or more (net of all entry fees) over the previous year will be contacted to provide address and social security details. These details will be used to file a 1099-MISC with the Internal Revenue Service.
6. CONDUCT
As a condition of use, you promise not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by 365FantasySports. By way of example, and not as a limitation, you agree not to: (i) abuse, harass, impersonate, intimidate or threaten other users; (ii) post or transmit, or cause to be posted or transmitted, any materials ("User Content") that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party; (iii) use the Site for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws; (iv) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user; (v) create or submit unwanted email ("Spam") to any other users; (vi) infringe upon the intellectual property rights of 365FantasySports, its users, or any third party; (vii) submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content; (viii) post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (ix) use any robot, spider, scraper or other automated means to access the Site for any purpose (except for RSS feed access) without our express written permission.
Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (3) bypass any measures we may use to prevent or restrict access to the Site; (4) use artificial means, including creating multiple user accounts, to inflate your position and standing with the Site's leader boards and community; (5) advertise to, or solicit, any user to buy or sell any products or Site, or use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; or (6) sell or otherwise transfer your profile.
Violation of our rules may result in the removal of your content from the Site and/or the canceling of your account. You acknowledge and agree that 365FantasySports may remove any User Content and terminate any 365FantasySports account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content). To report Terms of Use abuse, contact support@365FantasySports.com .
User Content
You understand that all User Content, including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not 365FantasySports, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Site. Under no circumstances will 365FantasySports be liable in any way for any User Content uploaded, posted, shared, emailed, transmitted or otherwise made available via the Site.
You acknowledge that we may or may not pre-screen User Content, but that 365FantasySports and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Content available via the Site. Without limiting the foregoing, 365FantasySports and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in our sole discretion. You understand that by using the Site, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any content available on or through the Site.
With respect to User Content you submit or make available on the Site, you grant 365FantasySports an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Site. We reserve the right, but we have no obligation, to monitor disputes between you and other users.
7. INDEMNITY
By using the Site or accepting any prize, you agree to release and to hold harmless 365FantasySports and each of their respective parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities from any and all liability, claims or actions of any kind whatsoever, including, but not limited to, for injuries, damages or losses to persons and property which may be sustained in connection with participation in the service, the receipt, ownership, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy.
8. WARRANTY DISCLAIMERS
You expressly understand and agree that your use of the Site is at your sole risk. The Site is provided on an "AS IS" and "as available" basis. The service, content, and site are provided on an "as is" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Site or use the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release 365FantasySports from all liability for you having acquired or not acquired Content through the Site or on the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. 365FantasySports makes no representations concerning any content contained in or accessed through the Site, and 365FantastySports will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
9. LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT 365FANTASYSPORTS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 365FANTASYSPORTS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 365FANTASYSPORTS'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO 365FANTASYSPORTS FOR GENERAL USE OF THE SITE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
10. OUR PROPRIETARY RIGHTS
All title, ownership and intellectual property rights in and to the Site are owned by 365FantasySports or its licensors. You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by 365FantasySports, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part.
11. LINKS
The Site provides, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that 365FantasySports is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that 365FantasySports shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
12. TERMINATION
365FantasySports may terminate or suspend the Site and any and all services and your account immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms. Upon termination of your account, your right to use the Site will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site or contact us via support@365FantasySports.com with a note to say you wish to terminate your account. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms or this Agreement.
14. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We may, in appropriate circumstances and in our discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent a Notice containing the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the site; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
365FantasySports' Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:
Mail: 1005 W State Road 84, #181
Fort Lauderdale, FL 33315
Email: support@365FantasySports.com
15. DISPUTES
Any controversy or claim arising out of, in connection with, or in any way relating to the Terms, with the exception of those controversies or claims specifically excluded below, shall be settled by binding arbitration in accordance with the American Arbitration Association ("AAA") Commercial Arbitration Rules ("AAA Rules"), and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"). The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The state where any such arbitration proceeding shall occur shall be exclusively in Florida.
You and 365FantasySports agree that the following disputes are not subject to this binding arbitration provision: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or 365FantasySports' intellectual property rights; and (2) any claim for injunctive relief.
For any dispute not subject to arbitration, or where no election to arbitrate has been made, you and 365FantasySports agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Fort Lauderdale, Florida. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Terms and the relationship between you and 365FantasySports shall be governed by the laws of the State of Florida without regard to conflict of law provisions.
16. GENERAL INFORMATION
Entire Agreement
These Terms constitute the entire agreement between you and 365FantasySports with respect to the Site and supersedes any prior agreements, oral or written, between you and 365FantasySports.
Waiver and Severability of Terms
The failure of 365FantasySports to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles
The section titles in the Terms are for convenience only and have no legal or contractual effect.
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