You agree to the Agreement, in its entirety, when you: (a) access or use the Site; (b) access links to Masters Fantasy Leagues’™ social media pages/accounts located on third party social media websites (“Social Media Websites”), such as Facebook®, Twitter® and YouTube® (collectively, “Social Media Pages”); (c) access and/or download the podcasts made available on the Site (“Podcasts”); and/or (d) register as a user (“User”) of the Site, which provides Users with access to: (i) the Site’s viewable Content (as defined below) and other material; (ii) certain message boards, comments sections and other interactive features of the Site (collectively, “Interactive Services”); and (iii) an array of season-long fantasy sports-based games, as well as games that last for the duration of the playoffs, involving players from professional football (collectively, “Contests,” and together with the Site, Social Media Pages, Podcasts, Interactive Services and Content, the “Site Offerings”).
Please review the Agreement carefully before accessing the Site Offerings. The Agreement constitutes the entire and only agreement between you and Masters Fantasy Leagues™ with respect to your use of the Site Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Site Offerings 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 Offerings shall be subject to the Agreement. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to become a User and/or access or use the Site Offerings in any manner or form whatsoever.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST MASTERS FANTASY LEAGUES™, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY SOURCES AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT. NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE RULES, AS PROVIDED UNDER THE
NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). YouTube® is a registered trademark of Google, Inc. (“Google”). Please be advised that Masters Fantasy Leagues™ is not in any way affiliated with Facebook, Google or Twitter, and the Site Offerings are not endorsed, administered or sponsored by Facebook, Google or Twitter.
1. Requirements. The Site Offerings are available only to individuals that are legal residents of the United States (with restrictions applying to residents of, and/or individuals physically located within the borders of, the [States of Arizona, Connecticut, Delaware, Indiana, Iowa, Louisiana, Missouri, Montana, Pennsylvania, Tennessee, Vermont, Virginia and Washington, as well as the Commonwealth Puerto Rico] and where otherwise prohibited by law) and: (a) are at least: (i) eighteen (18) years of age, nineteen (19) years of age for residents of Alabama and Nebraska, or twenty-one (21) years of age for residents of Arizona, Iowa, Louisiana and Massachusetts; or (ii) the age of majority in their respective jurisdiction at the time of entry, if the age of majority is greater than any of the foregoing ages, to the extent applicable; and (b) can enter into legally binding contracts under applicable law. Residents of, and/or individuals physically located within the borders of, the [States of Arizona, Connecticut, Delaware, Indiana, Iowa, Louisiana, Missouri, Montana, Pennsylvania, Tennessee, Vermont, Virginia and Washington, as well as the Commonwealth Puerto Rico] and where otherwise required by law, may only participate in the Free Contests (as defined below), and shall not be eligible to win any Prizes (as defined below). Only one (1) Masters Fantasy Leagues™ Account (as defined below) is allowed per person.
2. Modification. To the extent permissible by applicable law, 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 Offerings. By your continued use of the Site Offerings, 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).
3. Registration. In order to obtain access to the Site Offerings including, without limitation, the Contests as a User, you must first submit the applicable registration form to Masters Fantasy Leagues™ for review and approval (“Form”). Masters Fantasy Leagues™ reserves the right, in its sole discretion, to deny access to the Site Offerings to anyone at any time and for any reason, whatsoever. The registration data that you must supply on the Form may include, without limitation, some or all of the following: (a) your full name; (b) e-mail address; (c) billing/mailing address; (d) date of birth; (e) credit card information; and/or (f) any other information requested on the applicable Form (collectively, “Initial Registration Data”). Further, Prize winners may be required to provide: (i) their Social Security Numbers; and (ii) picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification (“Prize Winner Data” and together with the Initial Registration Data, the “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. Masters Fantasy Leagues™ will verify and approve all registrants in accordance with its standard verification procedures. If Masters Fantasy Leagues™ approves your User application, Masters Fantasy Leagues™ will set up your specific account (“Account”). During registration, you will be asked to provide 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. You can change the user-name and/or password that you selected during registration at any time through your Account settings. You are responsible for maintaining the confidentiality of your Account and Log-In, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur through use of your Account and Log-In, including the payment of any Entry Fees (as defined below) paid therethrough.
In addition to the foregoing, individuals are not permitted to access the Site Offerings with a Jail-Broken Mobile Device. For purposes of the Agreement, a “Jail-Broken Mobile Device” is a Mobile Device that runs Apple’s® iOS operating system (including the iPhone®, iPod touch®, iPad® and second-generation Apple TV®) that has had any of its iOS-based software restrictions removed via any procedure that is not fully endorsed and authorized by Apple®.
4. Self-Exclusion and Monthly Caps. Users should set personal limits regarding Entry Fees in Contests and ensure that they are engaging in responsible Contest-playing behavior. Users shall be permitted to establish monthly Entry Fee limits by using the methods set forth in the "Contact Us" section below ("Monthly Cap"). Where a User has established a Monthly Cap, that User shall not be able to submit an Entry Fee for any Contest where such Entry Fee would cause that User to exceed the Monthly Cap.
If, at any point, a User becomes concerned about the amount of money spent on Entry Fees in the Contests, she/he should cease further participation in the Contests. In addition, that User can use their Account settings to self-exclude for a designated period of time contact us (using the methods set forth in the “Contact Us” section below) and request same.
Once a User self-excludes, we will block her/his Account. Any new Accounts that she/he attempts to open during the applicable period of self-exclusion will also be blocked as soon as they are detected. In addition, we will take all reasonable measures to make sure that the User does not receive any promotional material during this time.
Masters Fantasy Leagues™ also reserves the right to exclude a User in Masters Fantasy Leagues’™ sole discretion if Masters Fantasy Leagues™ determines there is a reasonable risk that the User is not using the Contests responsibly and that User refuses to self-restrict or self-exclude.
If you or a family member have/has the need to receive responsible gaming assistance, please visit these online resources: www.ncpgambling.org and www.responsiblegambling.org. You can also contact them confidentially, twenty-four (24) hours a day, at this helpline number: (800) 522-4700.
5. Site Offerings. A User Account will enable you to utilize the Site Offerings and other features including, but not limited to: (a) viewable Content (as defined below); (b) the Contests; and (c) Social Media Sites. Subject to Section 1 above, the Contests can either be played: (i) for a fee, with a chance to win cash and/or merchandise (“Pay Contests”); and (ii) for free (“Free Contests”).
Lobby Rules; Duration; Withdrawal: Periodically, Masters Fantasy Leagues™ will make Contests available to Users. Each Contest shall contain certain terms, conditions and restrictions, as set forth in the rules that apply to the applicable Contest (each, “Lobby Rules”) including, without limitation: (I) the Entry Fee, Prize amount, and number of winners; (II) the number of Contest entrants (“Owners”) permitted/required; (III) the type and duration of the draft involved, and any allowance for keeping players in connection with “Dynasty” contests; (IV) rules applicable to setting Lineups (as defined below) and acquiring free agent Players (as defined below); and (V) the applicable Contest Duration (as defined below). The Contests may have a limited number of openings, and Owners will be accepted on a first come, first served basis. Once you have registered and submitted your Entry Fee in connection with a Contest, you may withdraw from that Contest, and receive a refund of your Entry Fee, at any time prior to the commencement of that Contest. Contests that do not attract the requisite number of Owners may be cancelled prior to commencement, and any and all Entry Fees fully refunded.
The Contests shall vary in duration, lasting either one (1) season in the National Football League® (“NFL®”), for the duration of the NFL® playoffs, or such other interval as determined by Masters Fantasy Leagues™ (“Contest Duration”), as predetermined and set forth in the applicable Lobby Rules. In connection with Pay Contests, Users must pay the applicable entry fee from their Account in advance of that Contest’s start time (“Entry Fee”). The applicable Entry Fee will be predetermined and set forth in the applicable Lobby Rules.
In connection with Free Contests, Users must register for each applicable Contest before the applicable Contest’s start time. Each Contest shall have a limited number of openings, and Owners will be accepted on a first come, first served basis.
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, MASTERS FANTASY LEAGUES™ IS NOT RESPONSIBLE FOR ATTEMPTED CONTEST REGISTRATIONS THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT, OR FOR YOUR FAILURE TO PARTICIPATE IN, OR COMPLETE, A SCHEDULED CONTEST. IF YOU FAIL TO ENTER A CONTEST INCLUDING, WITHOUT LIMITATION, WHERE YOU CANNOT ACCESS THE SITE FOR ANY REASON WHATSOEVER, YOU WILL NOT BE ABLE TO PARTICIPATE IN THAT CONTEST.
The National Football League® and NFL® are registered trademarks of the National Football League. Please be advised that Masters Fantasy Leagues™ is not in any way affiliated with the National Football League, and neither Masters Fantasy Leagues™ nor the Contests or other Site Offerings are endorsed or sponsored by the National Football League.
Collusion; Prohibited Conduct:
IT IS PROHIBITED FOR TWO (2) OR MORE OWNERS TO COLLABORATE DURING ANY CONTEST OR TO ADOPT A STRATEGY (BEFORE OR DURING A CONTEST) IN ORDER TO MUTUALLY GAIN AN ADVANTAGE AND/OR HARM OTHER OWNERS (COLLECTIVELY, “COLLUSION”). WITHOUT LIMITING THE FOREGOING, OWNERS ARE PROHIBITED FROM ENGAGING IN ANY OF THE FOLLOWING ACTIVITIES (COLLECTIVELY, “PROHIBITED CONDUCT”):
• Falsifying personal information (including Registration Data) required to enter a Contest or claim a Prize;
• Engaging in any type of financial fraud, including unauthorized use of credit instruments to enter a Contest or claim a Prize;
• Violating the Contest Rules and/or any other terms of the Agreement;
• Using automated means (including, but not limited to, computer scripts, programs, software or other technology) to obtain, collect or access any information made available by and through the Masters Fantasy Leagues™ Offerings including, without limitation, the personal information of any User for any purpose;
• Any type of abuse of special offers and/or promotions; and/or
• Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest.
If you suspect that any other User is engaging in Collusion and/or Prohibited Conduct, please contact us at email@example.com.
Compliance with Laws. You acknowledge that various rules, regulations and laws addressing contests and tournaments with entry fees and/or prizes govern your participation in the Contests (the “Gaming Laws”), and that Gaming Laws are established by each individual US state, or jurisdiction. In addition to the Gaming Laws, you are also subject to all municipal, state and federal laws, rules and regulations of the city and state in which you reside and from which you access the Site Offerings and/or play Contests including, without limitation, U.S. export laws (together with Gaming Laws, the “Applicable Law”). You agree to comply, and are solely responsible for your compliance with, all Applicable Law. Your participation in Contests is at your own risk, and you agree not to hold Masters Fantasy Leagues™ responsible or liable if Applicable Law restricts or prohibits your access to, or participation in, the Contests.
Entry Fees. Where you opt to enter a Pay Contest, the credit or debit card that you provided during registration or updated at a later date (“Active Credit Card”), will be charged the applicable Entry Fee amount. OTHER THAN AS EXPRESSLY SET FORTH HEREIN, ALL ENTRY FEES ARE NON-REFUNDABLE.
All Entry Fees and Prize amounts are payable in United States currency. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Masters Fantasy Leagues™ in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Masters Fantasy Leagues™ reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Entry into a Contest 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.
Masters Fantasy Leagues’™ authorization to provide and bill for your Entry Fees 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. Masters Fantasy Leagues’™ 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 (collectively, the “E-Sign Act”). Both laws specifically pre-empt all state laws that recognize only paper and handwritten signatures. Pursuant to any and all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the E-Sign Act and other similar state and federal statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE MASTERS FANTASY LEAGUES™ OFFERINGS. Further, you hereby waive any rights and/or requirements under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. You acknowledge and agree that you have the ability to print information delivered to you electronically, or otherwise know how to store that information in a way that ensures that it remains accessible to you in unchanged form.
Drafts and Players: After entering a Contest, each Owner will have access to the applicable Contest’s draft (“Draft”) features, which she/he can use to acquire players that play in the NFL® (collectively, “Players”), and assign those Players to her/his Contest-related team (“Team”). For all Contests that include a Draft, the Draft order for the Owners will be selected at random by Masters Fantasy Leagues,™ and the Draft will follow a “snake” model; provided, that the “Playoff Challenge” Contests have open Drafts that allow each Owner to add any Player(s) at any time prior to commencement of each applicable Game Day (as defined below) during the Contest. Under the snake Draft, the order will proceed from 1 to 12 (or such other total number of Owners that are participating in the applicable Draft), then 12 to 1 (as applicable), alternating until the Draft is complete. Each Player available for selection during the Draft may only be selected by one (1) Owner and reside on one (1) Team at a time (other than with respect to Playoff Challenge Contests, which permit all available Players to be selected during the Draft by multiple Owners, and included in multiple Lineups). Each Owner must select enough players at the applicable positions to fill out her/his Team’s roster. The roster size of Players for each Team in any given Contest will be predetermined and set forth in the applicable Lobby Rules.
Lineup Changes; Free Agency; Game Day: For most Contests, Owners shall be able to change their selected starting Players (“Lineup”) up until the start of each applicable Game Day (as defined below) during the Contest; provided, however, that Lineup changes are not required for “Best Ball” Contests, where each Owner’s highest scoring Players at each required position shall be deemed that Owner’s starting Lineup for scoring purposes. The start time of each Game Day within a given Contest (“Game Day Start Time”) may be set forth in the applicable Lobby Rules, and shall generally correspond to when the first official NFL® game for that week is scheduled to commence. For purposes of the Agreement, a “Game Day” shall mean each scheduled weekly period of games as designated by the NFL®. Depending on the Lobby Rules, Owners may be able to add Players that are not on any other Owner’s Team during the applicable Contest Duration via “Free Agency.” Where adding a Player during Free Agency, Owners shall be required to maintain compliance with any applicable Team-size limits by dropping a corresponding Player from that Owner’s roster.
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, MASTERS FANTASY LEAGUES™ IS NOT RESPONSIBLE FOR DRAFT SELECTIONS AND/OR LINEUP SELECTIONS/CHANGES THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT, OR FOR YOUR FAILURE TO PARTICIPATE IN, OR COMPLETE, A SCHEDULED DRAFT. IF YOU FAIL TO COMPLETE OR ENTER A DRAFT INCLUDING, WITHOUT LIMITATION, WHERE YOU CANNOT ACCESS THE SITE FOR ANY REASON WHATSOEVER, YOU WILL NOT BE ABLE TO PARTICIPATE IN THAT CONTEST AND YOUR ENTRY FEE SHALL BE SUBJECT TO FORFEITURE.
Scoring; Prizes and Withdrawals: Each Owner will earn points based on the performance, during the applicable Contest Duration, of the Players that were in the starting Lineup on her/his Team (“Points”), other than with respect to Best Ball Contests which measures the performance of each Owner’s “optimal” Lineup. The specific scoring system for each Contest, and the number of winners, will be predetermined and set forth in the Contest Rules and applicable Lobby Rules. Masters Fantasy Leagues™ will be responsible for tallying the Points for each Contest based on the reporting of Player performance provided by the NFL®. The winner(s) of the Pay Contests, as determined by Masters Fantasy Leagues™, will receive the applicable monetary Prize. Prize amounts will be paid by check sent directly by Masters Fantasy Leagues™.
In the event that two (2) or more Owners finish in a tie with the same Point totals for any of the winning Prize tiers at the end of the Contest Duration: (x) the Prize amounts shall be divided equally amongst all winners with the same Point total as if each were a winner of that tier’s Prize, as well as the Prize(s) for the next tier or tiers in cases where the Prize is a cash prize; and (y) in cases where the Prize is a merchandise or non-cash Prize, one (1) or more tie-breakers will be set forth in the Lobby Rules prior to the applicable Contest Start Time. For example, if 1st and 2nd place in a given Contest includes Prizes of $500 and $300, respectively, and two (2) Owners tie for 1st place, then those two (2) Owners shall receive $400 each ($500 + $300 divided by 2), and there will be no 2nd place Prize winner.
ALL DETERMINATIONS BY MASTERS FANTASY LEAGUES™ WITH RESPECT TO POINTS, WINNERS AND PRIZES WILL BE MADE IN MASTERS FANTASY LEAGUES’™ SOLE AND ABSOLUTE DISCRETION, AND WILL BE FINAL AND BINDING ON CONTEST PARTICIPANTS.
Prize Winner Verification; Taxes: To be eligible to receive a Prize, you may be required to provide Masters Fantasy Leagues™ with additional documentation and/or information to verify your identity and provide proof that all eligibility requirements are met including, but not limited to, a driver's license, proof of residence and/or any information relating to payment/deposit accounts as reasonably requested by Masters Fantasy Leagues™ in order to complete the payment process. Failure to comply with the above requirements may result in disqualification and forfeiture of any Prizes.
If you receive a Prize payment in error, we may reverse or require return of that payment. You agree to cooperate with us in our efforts to do this. We may also reduce Prize payments to you without notice to adjust for any previous overpayment. You must pay for all reasonable costs that we incur to collect any past due amounts including, without limitation, reasonable attorneys' fees and other legal fees and costs. If we make an error in underpaying a Prize/overcharging for an Entry Fee, you must tell us as soon as you become aware of the error. We will then promptly investigate the underpayment/charge. If we identify a billing error, we will correct that error within ninety (90) days. Refunds of Entry Fees will not be made, except as expressly provided herein, as required by applicable payment system rules, or where required by Applicable Law.
You are solely responsible for determining what, if any, income, sales, use or other taxes, duties, levies or charges (collectively, “Taxes”) apply to any Prizes that you receive and for remitting and reporting the correct amounts of all such Taxes to the applicable governmental authorities. Masters Fantasy Leagues™ cannot provide you with legal or tax advice, so please consult with your tax advisor about any and all applicable Taxes. In the event that a governmental authority requires Masters Fantasy Leagues™ to pay any Taxes attributable to you, you agree to indemnify and reimburse Masters Fantasy Leagues™ for such Taxes and all costs and expenses related thereto (including attorneys’ fees). All Owners who win amounts which require any type of governmental reporting, including the United States Internal Revenue Service, must provide Masters Fantasy Leagues™ with all applicable information required for such reporting. Most often this occurs when an Owner has a net win over the course of a fiscal year (ending December 31) which totals more than Six Hundred Dollars ($600.00). In such case, a 1099-MISC must be filed which requires the Owner’s full name, current physical address and Social Security Number.
Cancellation of Contests: Without limiting any provision set forth in the Contest Rules and applicable Lobby Rules, Masters Fantasy Leagues™ reserves the right to terminate any and all Contests where Masters Fantasy Leagues™ determines, in its sole and absolute discretion, that such cancellation is necessary or advisable due to any change in or to any law, regulation or legal interpretation thereof affecting the Contests in any way.
YOU UNDERSTAND AND AGREE THAT MASTERS FANTASY LEAGUES™ IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER WHATSOEVER FOR ANY CONTEST CANCELLATION OR FOR YOUR INABILITY TO USE THE CONTESTS FOR ANY OTHER REASON, WHATSOEVER.
Forfeiture: If Masters Fantasy Leagues™, in its sole, exclusive and non-reviewable discretion, determines that you breached the Agreement, engaged in Collusion, engaged in any Prohibited Conduct or otherwise engaged in any conduct that is dishonest, illicit, improper, unfair or otherwise damaging to Masters Fantasy Leagues™ and/or any Site Offerings, Masters Fantasy Leagues™ may, in addition to any other rights that Masters Fantasy Leagues™ may have at law or in equity: (aa) disqualify you from any Contest; (bb) refuse to award you Prizes; (cc) revoke and require the return of any Prizes; (dd) terminate your Account; and/or (ee) report your activity to law enforcement.
B. Content and Podcasts
Users that possess the requisite technology shall have the opportunity to download and listen to the Podcasts and/or view certain sports-related and other media (downloaded, streaming or samples), statistics, software, text, images, graphics, user interfaces, audio, trademarks, logos, artwork, Feedback (as defined below) and other content made available by and through the Site, including Contest-related statistics (“Contest Stats”) and Contest leaderboards (“Contest Leaderboards”) (collectively, “Content”) as compiled, distributed and displayed by Masters Fantasy Leagues™, as well as Users and third party service providers, entities and/or individuals (collectively, “Third-Party Providers”) that provide sports-related news and information by and through the Site via various means, including updated news feeds. Without limiting the foregoing, the Contest Stats and Contest Leaderboards are provided by Masters Fantasy Leagues’™ Third-Party Providers. The Content and Podcasts will be organized by theme and genre to enable Users to locate areas of interest. The Content and Podcasts should not necessarily be relied upon. The Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content and/or material conveyed via the Podcasts. You may find certain Content and/or Podcasts to be harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content and/or Podcasts. Reliance on any Content, Podcasts and/or other information made available to you by and through the Site Offerings is solely at your own risk. The Content and Podcasts are offered for informational purposes only. To the extent permissible by applicable law, you understand and agree that Masters Fantasy Leagues™ will not be responsible for, and Masters Fantasy Leagues™ undertakes no responsibility to monitor, or otherwise police, the Content and/or Podcasts. To the extent permissible by applicable law, you agree that Masters Fantasy Leagues™ shall have no obligation and incur no liability to you in connection with any Content and/or Podcasts.
C. Social Media Pages
The Site contains links to various Social Media Pages. The Social Media Pages are hosted and made available by third party entities on the Social Media Websites. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, privacy policies and terms and conditions. You understand and agree that Masters Fantasy Leagues™ shall not be liable to you, any other User or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
6. Cancellation of Account. You may cancel your Account at any time if you are not completely satisfied. To cancel your Account, simply e-mail us at: firstname.lastname@example.org, or cease using the Site Offerings. In addition, Masters Fantasy Leagues™ reserves the right to cancel the Account of any User for any reason or no reason, including where Masters Fantasy Leagues™ believes that such User is in breach of the Agreement, in Masters Fantasy Leagues’™ sole and absolute discretion. You understand and agree that cancellation of your Account is your sole right and remedy with respect to any dispute with Masters Fantasy Leagues™. Upon any termination and/or cancellation of your Account, your license grant, as set forth in Section 6 hereinbelow shall immediately terminate. You shall not receive any refund for Entry Fees previously paid up to the date of cancellation or termination.
7. License Grant. As a User of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings and all other material, products and/or services posted or made available by and through same (collectively, “Masters Fantasy Leagues™ Material”) in accordance with the Agreement. Masters Fantasy Leagues™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by Masters Fantasy Leagues™, you may only use the Masters Fantasy Leagues™ Material for your own personal, non-commercial use. No part of the Masters Fantasy Leagues™ Material may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Masters Fantasy Leagues™ Material and/or any portion thereof. You may not create any “derivative works” by altering any aspect of the Masters Fantasy Leagues™ Material. You may not use Masters Fantasy Leagues™ 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 Masters Fantasy Leagues™ Material for any commercial purposes not expressly permitted by Masters Fantasy Leagues™ (including the bundled sale of such Masters Fantasy Leagues™ Material). Systematic retrieval of the Masters Fantasy Leagues™ 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 Masters Fantasy Leagues™ is strictly prohibited. You further agree to indemnify and hold harmless Masters Fantasy Leagues™ for your failure to comply with this Section 7. Masters Fantasy Leagues™ reserves any rights not explicitly granted in the Agreement.
8. Proprietary Rights. All Masters Fantasy Leagues™ Material is owned or licensed by or to Masters Fantasy Leagues™, 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 Masters Fantasy Leagues™ 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 Masters Fantasy Leagues’™ 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 Masters Fantasy Leagues™ Material. The posting of information or material at the Site by Masters Fantasy Leagues™ does not constitute a waiver of any right in or to such information and/or materials. Masters Fantasy Leagues™ reserves all rights not expressly granted hereunder. The “Masters Fantasy Leagues” and “Masters Fantasy Football Leagues” names and logos are trademarks of MastersFantasyLeagues.com, LLC. All custom graphics, icons and service names are trademarks of their rightful owners. All other trademarks are the property of their respective owners. The use of any Masters Fantasy Leagues™ trademark without Masters Fantasy Leagues’™ express written consent is strictly prohibited.
9. Indemnification. To the fullest extent permissible by applicable law, you agree to indemnify and hold Masters Fantasy Leagues™, 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 unauthorized and/or improper use of the Site Offerings; (b) your breach of the Agreement; (c) any dispute between you and any other Users, Third-Party Providers and/or other third parties; (d) any claim that Masters Fantasy Leagues™ owes any taxes in connection with your use of the Site Offerings; and/or (e) your violation of any rights of another individual and/or entity. The provisions of this Section 9 are for the benefit of Masters Fantasy Leagues™ and the other Covered Parties. To the fullest extent permissible by applicable law, each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
10. Interactive Services.
(a) User Content. In connection with the Interactive Services, Users may be able to upload and/or post certain comments, content, material, communications, feedback and/or other information (collectively, the “User Content”). By making the User Content available by and through the Interactive Services or otherwise through the Site Offerings, each User provides to Masters Fantasy Leagues™ a perpetual, irrevocable, worldwide license to make same available by and through the Site Offerings. Without limiting the foregoing, User acknowledges and agrees that Masters Fantasy Leagues™ shall be free to utilize certain features and aspects of the User Content in connection with marketing and promoting the Site Offerings to third parties. Each User represents and warrants that she/he owns and/or has any and all rights to publish, display, perform and permit the use of, and grant the license associated with, the User Content as contemplated by the Agreement. Without limiting the foregoing, Masters Fantasy Leagues™ may reject and/or remove any User Content at any time and for any reason, in Masters Fantasy Leagues’™ sole discretion. Notwithstanding the foregoing, Masters Fantasy Leagues™ undertakes no responsibility to monitor or otherwise police the User Content made available by and through the Site Offerings. Each User and third-party agrees that Masters Fantasy Leagues™ shall: (i) have no obligations and incur no liabilities to such party in connection with any such User Content; and (ii) not be liable to any party for any claim in connection with the User Content.
(b) User Content Restrictions. In connection with the User Content, each User agrees not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third-party; (ii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in the applicable User’s community, as defined under applicable law; (iii) impersonate any person or entity; (iv) “stalk” or otherwise harass any person; (v) engage in advertising to, or commercial solicitation of, other Users or other third parties; (vi) transmit any chain letters, spam or junk e-mail to any other Users or other third parties; (vii) express or imply that any statements she/he makes are endorsed by Masters Fantasy Leagues™; (viii) harvest or collect personal information of other Users or other third parties whether or not for commercial purposes, without their express consent; (ix) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site Offerings or related content; (x) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xi) remove any copyright, trademark or other proprietary rights notices contained within the Site Offerings; (xii) interfere with or disrupt any of the Site Offerings and/or the servers or networks connected to same; (xiii) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third-party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (xv) “frame” or “mirror” any part of the Site; (xvi) use metatags or code or other devices containing any reference to the Site Offerings in order to direct any person to any other website for any purpose; and/or (xvii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site Offerings or any software used on or in connection with same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of such User’s account and/or access to some or all of the Site Offerings without notice, in the sole discretion of Masters Fantasy Leagues™. Masters Fantasy Leagues™ reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct.
11. Disclaimer of Warranties. THE SITE OFFERINGS, MASTERS FANTASY LEAGUES™ MATERIAL, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME, 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, MASTERS FANTASY LEAGUES™ MAKES NO WARRANTY THAT THE SITE OFFERINGS, MASTERS FANTASY LEAGUES™ MATERIAL, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME: (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 FEATURE STATISTICS, CONTENT AND/OR LEADERBOARDS THAT ARE CURRENT, ACCURATE OR RELIABLE; (E) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT; (F) WILL RESULT IN ANY ECONOMIC BENEFIT OR GAIN; AND/OR (G) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS, MASTERS FANTASY LEAGUES™ MATERIAL AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MASTERS FANTASY LEAGUES™ 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 MASTERS FANTASY LEAGUES™, ANY USERS, THIRD-PARTY CONTENT PROVIDERS OR OTHERWISE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
12. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MASTERS FANTASY LEAGUES™ 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 MASTERS FANTASY LEAGUES™ 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 OFFERINGS, MASTERS FANTASY LEAGUES™ MATERIAL, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) ANY ISSUE RELATED TO THE TIMELINESS, ACCURACY OR RELIABILITY OF STATISTICS, CONTENT AND/OR LEADERBOARDS THAT ARE MADE AVAILABLE IN CONNECTION WITH THE SITE OFFERINGS; (E) YOUR FAILURE TO REALIZE ANY ECONOMIC BENEFIT OR GAIN; (F) THE CANCELLATION OF ANY CONTEST(S) AS PERMITTED HEREUNDER, OR UNDER THE CONTEST RULES AND/OR APPLICABLE LOBBY RULES; AND (G) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS, MASTERS FANTASY LEAGUES™ MATERIAL, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, 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. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU HEREBY RELEASE MASTERS FANTASY LEAGUES™ 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 MASTERS FANTASY LEAGUES™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MASTERS FANTASY LEAGUES™. ACCESS TO THE SITE OFFERINGS, MASTERS FANTASY LEAGUES™ MATERIAL, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND, IN SUCH JURISDICTIONS, MASTERS FANTASY LEAGUES’™ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. Legal Warning. If you bypass or disable any portion of the Site Offerings or associated software including, without limitation, the operation of Masters Fantasy Leagues™ systems, if you engage in Collusion or Prohibited Conduct, or you attempt to circumvent or tamper with the Contests or billing methods in any way, you are in violation of the Agreement and Masters Fantasy Leagues™ may suspend or terminate your Account without notice. Termination of your Account will not excuse you from any criminal or other civil liabilities that may result from your actions.
14. Accessing the Site Offerings. 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 Offerings and for ensuring that such equipment and services are compatible with Masters Fantasy Leagues’™ requirements.
15. Third-Party Websites. The Site Offerings may provide links to other Internet websites and/or resources including, without limitation, Social Media Sites and websites owned and/or operated by Third-Party Providers. Because Masters Fantasy Leagues™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that Masters Fantasy Leagues™ is not responsible for the availability or content of such third party websites and/or associated resources. Furthermore, Masters Fantasy Leagues™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials available at or from such third party websites or resources, or for any damages and/or losses arising therefrom or associated therewith.
17. Copyright Policy/DMCA Compliance. Masters Fantasy Leagues™ reserves the right to terminate the account of any User who infringes upon third-party copyrights. If any User or other third-party believes that a copyrighted work has been copied and/or posted via the Site Offerings in a way that constitutes copyright infringement, that party should provide Masters Fantasy Leagues™ with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Masters Fantasy Leagues’™ Copyright Agent for notice of claims of copyright infringement is as follows:
Klein Moynihan Turco LLP
Attn: Copyright Attorney
450 Seventh Avenue, 40th Floor
New York, NY 10123
Fax: (212) 216-9559
18. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the Site Offerings and/or the Agreement. Without limiting the foregoing, should a dispute arise between the parties/any Covered Parties including, without limitation, any matter concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties/Covered Parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys' fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
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 any of the Covered Parties. 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 any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
19. California User Consumer Rights. In accordance with Cal. Civ. Code Sec. 1789.3, California State resident Users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to email@example.com.
20. 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 Masters Fantasy Leagues™ and it governs your use of the Site Offerings and Masters Fantasy Leagues™ Material. To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence; provided, however, that with respect to any Contests, to the extent that anything in these Terms and Conditions is inconsistent with the applicable Contest Rules and/or Lobby Rules, those Contest Rules and/or Lobby Rules, as applicable, shall take precedence. Masters Fantasy Leagues’™ 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.
21. Notice to Customers
We will provide notice to customers that the firm is requesting information from them to verify their identities, as required by federal law. We will use the following method to provide notice to customers: The notice will be included in the Terms & Conditions section of our websites.
Important Information About Procedures for Opening a New Account
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
What this means for you: When you open an account, we will ask for your name, address, date of birth and other information that will allow us to identify you.
h. Reliance on Another Financial Institution for Identity Verification
We may, under the following circumstances, rely on the performance by another financial institution (including an affiliate) of some or all of the elements of our CIP with respect to any customer that is opening an account or has established an account or similar business relationship with the other financial institution to provide or engage in services, dealings or other financial transactions:
• when such reliance is reasonable under the circumstances;
• when the other financial institution is subject to a rule implementing the anti-money laundering compliance program requirements of 31 U.S.C. § 5318(h), and is regulated by a federal functional regulator; and when the other financial institution has entered into a contract with our firm requiring it to certify annually to us that it has implemented its anti-money laundering program and that it will perform (or its agent will perform) specified requirements of the customer identification program.
22. Contact Us. If you have any questions about the Agreement or the practices of Masters Fantasy Leagues™, please feel free to e-mail us at: firstname.lastname@example.org; or send us U.S. Mail to:
Masters Fantasy Leagues,
3465 Arlington Road, E#159,
Akron, OH 44312.