FANTIFY WEBSITE TERMS AND CONDITIONS
Thank you for visiting the Fantify website located at www.fantify.com (the “Site”). The Site is an Internet property of Fantify Media (“Fantify,” “we” or “us”). You agree to the following Fantify Terms and Conditions (“Terms and Conditions”), in their entirety, when you: (a) access or use our Site including submitting a request for more information; (b) register as a user of the Site, which provides you with access to the Site’s products, services and various interactive features (collectively, the “Fantify Services”); and/or (d) register for one of our promotional offers or contests (the “Offers”). By completing any of these actions you shall be considered a Fantify Member.
Scope of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Fantify Services, and/or the Fantify Site. The Agreement constitutes the entire and only agreement between you and Fantify with respect to your use of the Fantify Services, and/or the Fantify Site and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Fantify Services, and/or the Fantify Site, the content contained therein and/or the products, services and/or programs provided by or through same. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that Fantify is not responsible or liable in any manner whatsoever for your inability to use the Fantify Services, and/or the Fantify Site.
Modification. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site and/or Fantify Services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Therefore, you should regularly check this page for updates and/or changes.
Requirements. The Site and Fantify Services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law on behalf of their Company.
Registration/Account. In order to obtain Fantify Services, you must first submit the applicable registration form to Fantify for review and initial approval. Fantify reserves the right, in its sole discretion, to deny access to the Fantify Services to anyone at any time and for any reason, whatsoever. The registration data that you must supply on the Site in order to obtain Fantify Services may include, without limitation, some or all of the following: (a) your full name/company name; (b) e-mail address; (c) billing address; (d) daytime, evening and/or cellular telephone numbers; (e) credit card information; (f) at your option, your PayPal® account information; (g) date of birth; and/or (h) any other information requested on the applicable form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary in order to maintain it in an up to date and accurate fashion. Fantify will verify and approve all registrants in accordance with its standard verification procedures. During registration, you will receive a user name and password to use as your account log-in identification, where applicable (“Log-In”). If the Log-In that you request is not available, you will be asked to supply another Log-In. If Fantify approves your Member application, Fantify will set up your specific account (“Fantify Services Account”). You are responsible for maintaining the confidentiality of your Fantify Services Account, Log-In and for restricting access to your computer, and you agree to accept responsibility for all activities that occur through use of your Fantify Services Account and Log-In.
For purposes of the Agreement, “PayPal” shall mean PayPal, Inc. Please be advised that Fantify is not in any way affiliated with PayPal, and the Site, and Fantify Services are neither endorsed, nor sponsored, by PayPal. PayPal ® is a registered trademark of PayPal, Inc.
Description of Fantify Services. By registering as a Member on the Site, agreeing to the Agreement and receiving approval from Fantify, you can obtain, or attempt to obtain, a Fantify Services Account. A Fantify Services Account will enable you to utilize the Site’s many products, services and other features including, but not limited to setup customized contests for your Venue, Social Media campaigns, Rules, and Prizes (collectively, “Fantify Contests”).
Fantify reserves the right to prohibit any conduct by Members it deems, in its sole and absolute discretion, to be in violation of the Agreement or which Fantify believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose Fantify to harm, damage to reputation or liability. Notwithstanding the foregoing, Fantify undertakes no responsibility to monitor or otherwise police the actions of Members.
Members agrees to only offer Contests to U.S. based Customers. Members agree to not offer Contests to users in the states/territories of Arizona, Iowa, Louisiana, Montana, Washington, and Puerto Rico. Member accepts full responsibility for compliance with applicable local laws. In no event will Fantify, its officers, directors, employees or agents be liable to Members or Customers for compliance with local laws.
Fantify reserves the right themselves to refuse to accept any entry which, in their opinion, do not comply with the rules and regulations of the website or which contravenes the spirit of the Contest(s). Fantify further has an absolute discretion to disqualify any entry, or vary, amend or waive the rules of the competition at any time and participants agree that no liability shall attach to Fantify as a result thereof and that the exercise of such discretion shall not result in any compensation being payable or paid to any participant. It is a condition of entry that all rules are accepted as final and that the entrant agrees to abide by these rules.
Member Contest Creation: Periodically, Member will make Contests available to Members customers. The Member Contests may vary in duration, lasting either one (1) day or one (1) week, or such other interval as determined by Member as authorized by Fantify (“Contest Duration”), as predetermined and set forth in the rules that apply to the applicable Contest (each, “Contest Rules”).
FANTIFY IS NOT RESPONSIBLE FOR ATTEMPTED FANTIFY CONTEST REGISTRATIONS THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT, OR FOR YOUR FAILURE TO PARTICIPATE IN, SCHEDULE, OR COMPLETE, A FANTIFY CONTEST INCLUDING, WITHOUT LIMITATION, WHERE YOU CANNOT ACCESS THE SITE FOR ANY REASON WHATSOEVER.
Drafts: FANTIFY IS NOT RESPONSIBLE FOR PLAYER SELECTIONS THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT, OR FOR FAILURE TO PARTICIPATE IN, OR COMPLETE, A SCHEDULED CONTEST. IF
Scoring/Prizes: Each entrant will earn points based on the performance, during the applicable Contest Duration, of the Pro Players that were drafted on their team. The specific scoring system for each Contest, and the number of winners, will be predetermined and set forth in the applicable Contest Rule by Member. Fantify will be responsible for tallying the Points for each Fantify contest based on data from our respective provider, the XML Team. Member is responsible for paying any prizes or Reward Points awarded in connection with the Member Contests.
Site Disclaimers. The Fantify Services and/or the Site may contain Content, Feedback, News Feeds, comments, opinions, advice, statements, offers, services, requests, solicitations and other information that is provided directly by Members, Third Party Providers, Sources and/or other third parties, as applicable. Such Content, Feedback, News Feeds, comments, opinions, advice, statements, offers, services, requests, solicitations and/or other information is provided by applicable Members, Third Party Providers, Sources and/or other third parties and not Fantify, and should not necessarily be relied upon. Those Members, Third Party Providers, Sources and/or other third parties are solely responsible for the accuracy, completeness, appropriateness or usefulness of such materials. Fantify does not represent or warrant that the Content, Feedback, News Feeds, comments, opinions, advice, statements, offers, services, requests, solicitations and/or other information made available by and through the Fantify Services and/or the Site is accurate, complete or appropriate. You understand and agree that Fantify will not be responsible for, and Fantify undertakes no responsibility to monitor, or otherwise police, such Content, Feedback, News Feeds, comments, opinions, advice, statements, offers, services, requests, solicitations and/or other information. You agree that Fantify shall have no obligation and incur no liability to you in connection with any such Content, Feedback, News Feeds, comments, opinions, services, requests, solicitations and/or other information made available by and through the Fantify Services and/or the Site by third parties.
Fantify does not control the information provided by Members, Third Party Providers, Sources and/or other third parties that is made available within the Fantify Services and/or the Site. You may find certain information and/or services as posted by Members, Third Party Providers, Sources and/or other third parties to be offensive, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Fantify Services, and/or the Site.
You are solely responsible for your interactions with other Site-users including, but not limited to, Third Party Providers, Sources and/or other third parties. Because we are not involved in Site-user interactions, in the event that you have a dispute with one or more Site-users, Third Party Providers, Sources and/or other third parties, you hereby release Fantify including, but not limited to, its officers, directors, members, shareholders, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. Fantify reserves the right, but has no obligation, to monitor disputes between you and other Site-users, Third Party Providers, Sources and/or other third parties.
You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.
Fees. Upon registering for a Package, the credit or debit card that you provided during registration or updated at a later date (“Active Credit Card”) will be charged the applicable amount depending on the Package as applicable. All Fees are payable in United States currency. If your payment method fails when billing monthly fees, you shall update billing information to a valid method and remit payment immediately. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Fantify in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Fantify reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Fantify Services after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
Fantify’s authorization to provide and bill for the Fantify Services is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Fantify’s reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
Referral Fees Payable. For any referral fees for pay to play Customers, Member shall be compensated by Fantify as agreed by both parties in writing.
Term. The term of this Agreement shall be yearly and auto renew annually if not canceled in accordance with the terms below.
Cancellation of Membership. You may cancel your Membership with 30 days written notice if you subscribe to our monthly billing product. Season long Membership may be canceled prior to 60 days notice before the start of the next season for the applicable sport. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with Fantify. Upon any termination and/or cancellation of your Membership, your license grant, as set forth in shall immediately terminate. You shall not receive any refund for Fees previously paid up to the date of cancellation or termination.
License Grant. As a Member of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Content, News Feeds, Site, Feedback, Fantify Services and all other material, products and/or services posted or made available by and through same and/or the Site (collectively, “Site Material”) in accordance with the Agreement. Fantify may terminate this license at any time for any reason. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Material and/or any portion thereof. You may not create any “derivative works” by altering any aspect of the Site Material. You may not use the Site Material in conjunction with any other third-party content (e.g., to provide sound for a film). You may not exploit any aspect of the Site Material for any commercial purposes not expressly permitted by Fantify (including the bundled sale of such Site Material). Systematic retrieval of Site Material by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Fantify is strictly prohibited. You further agree to indemnify and hold harmless Fantify for your failure to comply with this Section. Fantify reserves any rights not explicitly granted in the Agreement.
Proprietary Rights. All Site Material is owned or licensed by or to Fantify, and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the Site Material may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Fantify’s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Site Material. The posting of information or material at the Site by Fantify does not constitute a waiver of any right in such information and materials. Fantify reserves all rights not expressly granted hereunder. All custom graphics, icons and service names are trademarks of their rightful owners. All other trademarks are the property of their respective owners.
Bypassing or Disabling any Portion of the Fantify Services or Site. If you bypass or disable any portion of the Fantify Services, Site or associated software including, without limitation, the blocking of cookies or the operation of any other Fantify systems, or you attempt to circumvent or tamper with Fantify’s Contests or billing methods in any way, you are in violation of the Agreement and Fantify may suspend or terminate your Fantify Services Account without notice. Termination of your Fantify Services Account will not excuse you from any criminal or other civil liabilities that may result from your actions. If your Fantify Services Account is terminated for any reason you will, thereafter, be unable to access the Fantify Services.
Accessing the Site. You are responsible for obtaining and maintaining, at your own cost and expense, all input/output devices or equipment (such as modems, terminal equipment, computer equipment and software) and communications services (including, without limitation, long distance or local telephone services) necessary to access the Site and for ensuring that such equipment and services are compatible with Fantify’s requirements.
Indemnification. You agree to indemnify and hold Fantify, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site and/or the Fantify Services in any way, whatsoever; (b) your breach of the Agreement; (c) any disputed between you and any Customers, Third Party Providers, Sources and/or other third parties; (d) any claim that Fantify owes any taxes in connection with your use of the Site and/or the Fantify Services ; and/or (e) your violation of any rights of another individual and/or entity. The provisions of this Section are for the benefit of Fantify, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Disclaimer of Warranties. THE SITE, FANTIFY SERVICES, AND/OR CONTESTS, ANY CONTENT, FEEDBACK, NEWS FEEDS, OR ANY OTHER SERVICES OFFERED THEREIN, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, FANTIFY MAKES NO WARRANTY THAT THE SITE, FANTIFY SERVICES AND/OR CONTESTS, ANY CONTENT, FEEDBACK, NEWS FEEDS, OR ANY OTHER SERVICES OFFERED THEREIN: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE, CONTESTS AND/OR ANY CONTENT, FEEDBACK, NEWS FEEDS, OR ANY OTHER SERVICES OFFERED THEREIN MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. FANTIFY WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FANTIFY, ANY CUSTOMERS, THIRD PARTY PROVIDERS, SOURCES OR OTHERWISE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FANTIFY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FANTIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, FANTIFY SERVICES, CONTESTS AND/OR ANY CONTENT, FEEDBACK, NEWS FEEDS, OR ANY OTHER SERVICES OFFERED THEREIN; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (D) ANY OTHER MATTER RELATING TO THE SITE, FANTIFY SERVICES/CONTESTS AND/OR ANY CONTENT, FEEDBACK, NEWS FEEDS, OR ANY OTHER SERVICES OFFERED THEREIN. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE FANTIFY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF FANTIFY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). YOU HEREBY RELEASE FANTIFY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION 16. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, FANTIFY SERVICES, FANTIFY CONTESTS AND/OR ANY CONTENT, FEEDBACK, NEWS FEEDS, OR ANY OTHER SERVICES OFFERED THEREIN MAY BE BROUGHT BY YOU OR FANTIFY MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FANTIFY. ACCESS TO THE SITE, FANTIFY SERVICES, FANTIFY CONTESTS AND/OR ANY CONTENT, FEEDBACK, NEWS FEEDS, OR ANY OTHER SERVICES OFFERED THEREIN WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow certain limitations on liability and, in such jurisdictions, Fantify’s liability shall be limited to the maximum extent permitted by law.
Third-Party Websites. The Fantify Services, and Site may contain links to other websites on the Internet that are owned and operated by third parties. Fantify does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Fantify of the applicable website or any association with the website’s operators. Because Fantify has no control over such websites and resources, you agree that Fantify is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Fantify shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in Santa Barbara, California and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Should a dispute arise concerning the Agreement, Fantify Services and/or Site, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Santa Barbara, California in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Fantify and its employees, officers, directors, shareholders, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Fantify incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.
Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Fantify and it governs your use of the Fantify Services and Site. Fantify’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Fantify reserves the right to cancel an account at anytime for anything it deems to be "Suspicious Activity."
How to Contact Us. We listen to or read, as applicable, every message sent to us and endeavor to reply promptly to each one. This information is used to respond directly to your questions or comments. If you have any questions about the Agreement or the practices of Fantify, please feel free to contact us at firstname.lastname@example.org.