ELITE FANTASY TERMS OF SERVICE
Last updated: 3/15/2019
PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
BY REGISTERING FOR AN ACCOUNT OR BY ACCESSING OR USING OUR SERVICES IN ANY WAY, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH US, AND YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT REGISTER FOR AN ACCOUNT OR ACCESS OR USE THE SERVICES.
Guru Fantasy Reports, Inc. (“Guru Fantasy Reports,” “we,” “us,” or “our”) owns and operates its Elite Fantasy website located at EliteFantasy.com and related applications, content, products, tools, features, subscriptions, and services (collectively, the “Services”). These Terms of Service (“Terms” or “Agreement”) apply to you – all users who register for an account or in any way access or use the Services (“users”, “you”, or “your”).
Please note that when using any specific component of the Services, you are subject to any posted rules, regulations, and guidelines applicable to such specific Services and all such rules, regulations, and guidelines are hereby incorporated by reference into these Terms.
1. Guru Fantasy Reports provides users with an interactive community and discussion chat rooms in which users may discuss, among other things, daily fantasy sports. Through the Services, you may browse content, rankings, projected lineups, listen to podcasts, view live streams and engage in various discussions via chat rooms. The Services also include access to numerous online resources, including various communication tools, articles, reviews, guides, hyperlinks, personalized content and branded programming through our network of affiliates.
2. THE SERVICES ARE INTENDED FOR YOUR PERSONAL, INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. THEY DO NOT CONSTITUTE LEGAL, FINANCIAL, OR PROFESSIONAL ADVICE.
3. The Services shall not be used for or in connection with any illegal activities. It is your responsibility to understand the laws that pertain to you within your jurisdiction and to act lawfully at all times when using the Services. You agree that Guru Fantasy Reports and its parents, subsidiaries, affiliates, employees, agents, representatives, and assigns will not be liable or responsible for any user activity that may violate any applicable law.
4.Eligibility and Registration
5. Our Services are available only to residents of the United States who are 18 years of age or older. USERS LOCATED OUTSIDE THE UNITED STATES ARE PROHIBITED FROM REGISTERING FOR AN ACCOUNT OR ACCESSING THE SERVICES IN ANY WAY.
6. When registering an account, you agree to provide and maintain accurate, current and complete information, including your age, your contact information for notices and other communications from us, and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness. You agree that we may take steps to verify the accuracy of information you provide, including your age, location, and contact information.
7. Each user is permitted an account for his or her individual, personal use only. Legal entities are not permitted to register for an account or subscribe to the Services. Sharing your username and password or other account credentials with others is strictly prohibited. You are responsible for taking reasonable steps to maintain the confidentiality and security of information related to your account, including your username and password, and you are responsible for all activities under your account. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Services.
9. Paid subscriptions may be required to access our Services. Sales of subscriptions are made by Guru Fantasy Reports. By signing up for a subscription, you agree that your subscription will be automatically renewed and, unless you cancel your subscription, you authorize us to collect the applicable fees via your payment method for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you at the time of sale. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal.
10. From time to time, we may offer a free trial subscription for certain Services. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time.
11. When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
12. When you subscribe to the Services, you have the right to cancel your subscription at any time. If you cancel your subscription within fourteen (14) days after you complete the transaction, you will receive a full refund of the subscription fee paid. If we refund your subscription fee, you will still be obligated to pay other charges incurred. We do not provide refunds for cancellations that occur 14 days after registering an account. If you wish to cancel, you must do so by sending us written notice of your cancelation to [email protected] or 401 Park Avenue South, 10th Floor, New York, NY 10016.
13. The rates and charges imposed by us for subscriptions are set at our discretion and subject to change. If you pay a periodic subscription fee for any Services, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change. All pricing is exclusive of any taxes or other fees that you may owe.
14.User Content and Conduct
15. The Services may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Content”), which may be accessible and viewable by the public. You are solely responsible for any User Content that you submit, post, or transmit via our Services and you do so at your own risk.
16. You agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Services, any User Content that we believe, in our sole discretion:
1. is unlawful, libelous, defamatory, harassing, threatening, invasive of privacy or publicity rights, or that would otherwise create liability or violate any local, state, national, or international law;
2. contains nudity, sexually explicit content, or is otherwise obscene, pornographic, indecent, lewd, suggestive, or sexually exploitative of minors;
3. may disparage any ethnic, racial, sexual, or religious group by stereotypical depiction or is otherwise abusive or inflammatory;
4. depicts the use of illicit drugs;
5. contains offensive language or images or is otherwise objectionable;
6. incites violence or characterizes violence as acceptable, glamorous, or desirable;
7. impersonates any person or entity, including, but not limited to, a Guru Fantasy Reports official, forum leader, forum moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
8. forges headers or otherwise manipulates identifiers in order to disguise the origin of any content transmitted through the Service;
9. contains advertising, promotional materials, “junk mail,” “spam,” or any other form of solicitation, except in those areas that are designated for such purpose;
10. contains private or personal information about another person, unless such person has agreed to the disclosure of this information;
11. contains viruses, corrupted data or other harmful, disruptive, or destructive file viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
12. may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; or
13. would constitute, encourage or provide instructions for a criminal offense or violate the rights of any third party.
2. Guru Fantasy Reports is not a party to, makes no representations or warranties as to, and has no responsibility or liability with respect to any User Content or other communications, transactions, interactions, disputes, or any relations whatsoever between you and any other user, person, or organization using our Services. You are solely responsible for your interactions with other users of our Services. We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Content or communications sent through our Services, for any reason in our sole discretion. Without limiting the generality of the foregoing, you agree and acknowledge that we reserve the right to temporarily or permanently remove any user from a chat room or other online discussion, for any reason in our sole discretion.
4. You own your User Content, and you grant us a non-exclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
5. You represent and warrant that your User Content conforms to these Terms and that you own or have the necessary rights and permissions to use and exploit, and to authorize us to use and exploit, your User Content in all manners contemplated by these Terms. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
6. To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
Separate and apart from User Content, we welcome questions, comments, suggestions, and ideas about Guru Fantasy Reports and our Services (“Submissions”). If you provide a Submission, whether by email or otherwise, you agree that it is non-confidential (unless we state otherwise in writing) and shall become the sole property of Guru Fantasy Reports. Guru Fantasy Reports shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise. You acknowledge that Guru Fantasy Reports is not obligated to provide acknowledgment or compensation to you in exchange for Submissions.
8.Elite Fantasy Content and Trademarks
9. The Services and all content and other materials that can be viewed or accessed on the Services, including, without limitation, all designs, text, graphics, pictures, videos, information, data, software, sound files, articles, message boards, chat rooms, live streams, podcasts, lineups, and rankings, and the selection and arrangement thereof, (collectively, the “Elite Fantasy Content”) are the proprietary property of Guru Fantasy Reports or our licensors or users and are protected by U.S. and international copyright, trademark, patent, trade secret, and/or other intellectual property laws.
10. You may use the Elite Fantasy Content only in connection with your personal use of the Services. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any Elite Fantasy Content in any form or by any means without prior written permission from us or the content owner. Any unauthorized use of the Elite Fantasy Content may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties against you.
11. “Elite Fantasy,” “Guru Fantasy Reports,” and all related brand names, product names, titles, slogans, logos, or service names and other marks used in the Services are registered and/or common law trade names, trademarks or service marks of Guru Fantasy Reports and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and names or logos mentioned in the Services are the property of their respective owners. Reference to any third-party products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
Competitions that you enter on the Services may have supplemental rules and conditions, but the following general rules apply absent contrary terms in any supplemental rules or conditions for the competition.
13. Entries. Your competition entry is User Content and subject to all provisions of these Terms that govern your submission and our use of your User Content. We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or containing false information. Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified.
We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice. We will do so if it cannot be guaranteed the competition can be carried out fairly or correctly for technical, legal or other reasons, or if we suspect that any person has manipulated entries or results, provided false information or acted unethically. If we cancel or terminate a competition, prizes may be awarded in any manner we deem fair and appropriate consistent with local laws governing the competition.
Participation in any competition constitutes full and unconditional agreement to and acceptance of these Terms and the decisions of Guru Fantasy Reports, which are final and binding. Winning a prize is contingent on fulfilling all requirements set forth herein.
14. Eligibility. Our competitions are open only to residents of the United States who are 18 years of age or older at the time of entry. Unless otherwise provided, to enter a competition you must be a registered or subscribed user of the Services and have an active account with current contact information. No purchase is necessary to enter a competition and a purchase will not improve your chances of winning. Competitions are not open to our employees (or their immediate families) or anyone else professionally associated with the competition. We reserve the right to request proof of age or identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Competitions are subject to all applicable federal, state, and local laws and regulations. Competitions are void where prohibited or restricted by law.
15. Prizes. Winners will be notified via the contact information that you provide when you register or subscribe to the Services, or via social media, depending on the competition. You will be required to contact us within forty-eight (48) hours if you have been notified you are a winner.
No cash or alternative prizes are available, except that we (or the party providing a prize) reserve the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred or sold by winners. Only the number of prizes stated for the competition are available to be won and all prizes will be awarded, provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided in connection with the competition, after which no alternate winners will be selected or unclaimed prizes awarded. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize. All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms.
Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants us an unconditional right to us to use your name, town or city and state, province or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation. As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.
16.Third-Party Services, Competitions, and Content
17. The Services may integrate, be integrated into, or be provided in connection with third-party websites, services, competitions, or content. We do not control those third-party services, competitions, and content. You should read the terms and privacy policies that apply to such third-party services, competitions, and content. Descriptions of, or references or links to, third-party websites, competitions, services, products or publications within the Services do not imply endorsement of those third-party websites, competitions, services, products or publications.
18. You agree that Guru Fantasy Reports will not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as a result of your activities related to those third parties or their websites, competitions, services, products or publications.
19.Copyright and Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Guru Fantasy Reports has adopted a policy of terminating, in appropriate circumstances and in Guru Fantasy Reports sole discretion, users who are deemed to be repeat infringers of other’s copyrighted property. Guru Fantasy Reports may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any users who we believe may infringe any intellectual property rights of others.
If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with the Guru Fantasy Reports Copyright Agent as set forth below.
Email: [email protected]
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
20.Termination or Discontinuance
21. If you are in breach of these Terms, or any other policies we have in place from time to time, we may, in our discretion at any time: (a) terminate your access to our Services, (b) deactivate or delete your account and all related information and files in such account and/or (c) bar your access to any of such files or Services. In any of these instances, you are not permitted to register for another Guru Fantasy Reports account without our prior written permission.
22. We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
You shall defend, indemnify, and hold harmless Guru Fantasy Reports (and each of our officers, directors, users, employees, agents, and affiliates) (collectively the “Guru Fantasy Reports Indemnitees”) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, against or incurred by the Guru Fantasy Reports Indemnitee arising out of or relating to (a) your use of our Services; (b) any User Content you provide; (c) your violation of these Terms; or (d) your violation of any rights of another. We have the right, in our sole and unfettered discretion, to control any action or proceeding, including selection of counsel, and determine whether we wish to settle it, and if so, on what terms.
YOU USE AND ACCESS OUR SERVICES AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
25.Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL GURU FANTASY REPORTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES THAT ARE RELATED TO YOUR USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICES OR ELITE FANTASY CONTENT, EVEN IF FORESEEABLE OR IF GURU FANTASY REPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, TORT, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH CASES, GURU FANTASY REPORTS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION SHALL NOT EXCEED THE AGGREGATE AMOUNT OF YOUR PAYMENTS FOR THE SERVICES.
27. Guru Fantasy Reports makes every attempt to resolve complaints in a timely manner and to the satisfaction of our users. If you do have a complaint, please email us at [email protected]
28. In relation to all complaints or disputes, we reserve the right to record all telephone and e-mail communications with you and any other person.
29. It shall be a condition of your agreement with us that any complaints and disputes are and remain confidential both while we seek a resolution and afterwards. You agree that you shall not disclose the existence, nature or detail of any complaints and disputes to any third party (which shall include the discussion of any such any complaints and disputes in any chat room or forum offered by ourselves or any third party).
30. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH US AND LIMIT THE MANNER IN WHICH YOU MAY SEEK RELIEF. SUBJECT TO ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW, YOU ARE WAIVING YOUR RIGHT TO SUING IN COURT OR FROM HAVING A JURY TRIAL. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU WAIVE ANY RIGHT TO COMMENCE A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
1. Any dispute, claim or controversy arising out of or relating to these Terms or the Services, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York, New York before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, or, in Guru Fantasy Reports’ sole discretion, in accordance with the Expedited Procedures in those Rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not require either party to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
2. You also agree that the state or federal courts in the County of New York, State of New York shall have exclusive jurisdiction over any appeals of an arbitration award and over any lawsuit between the parties not subject to arbitration. These Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of New York, exclusive of conflict or choice of law rules.
1. Assignment. You may not assign any of your rights or obligations under these Terms without prior written consent from Guru Fantasy Reports. Guru Fantasy Reports may assign any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
3. Waiver. Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
4. Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
5. Survival. Any section that by its nature should survive the termination or expiration of these Terms shall so survive.