As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Fantasy Life. If you operate a league chat, post material to one, publically post an image or text, comment on a post, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content.
By using the Service, you assume responsibility for your use of the Service and agree not to use it in ways not explicitly authorized by Fantasy Life. You represent and warrant that you own and control all of the rights to the Content that you share using the Service, or you otherwise have the right to post or share the Content on the Service; and represent and warrant that the use and posting of the Content you supply does not violate the Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for Fantasy Life or for third parties.
You agree not to engage in any of the following prohibited activities:
(i)Copying, distributing, or disclosing any part of the Service in any medium,including without limitation by any automated or non-automated “scraping”;
(ii)Using any automated system, including without limitation “robots,”“spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Fantasy Life servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
(iii)Additionally, you agree that you will not: (1) take any action that imposes,or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service;
(iv)Transmitting spam, chain letters, or other unsolicited email;
(v)Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
(vi)Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(vii)Uploading invalid data, viruses, worms, or other software agents through the Service;
(viii)Collecting or harvesting any personally identifiable information,including account names, from the Service;
(ix) Using the Service for any commercial solicitation purposes;
(x) Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(xi)Interfering with the proper working of the Service;
(xii)Accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
(xiii)Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
(xiv)use artificial means, including creating multiple user accounts,to inflate your position and standing with the Fantasy Life leaderboards and community;
(xv)advertise to, or solicit, any user to buy or sell any products or Service,or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to users without their prior explicit consent;
(xvi)transfer your profile;
6.1 User Content
You understand that all Content made available on the Service by a user (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not Fantasy Life, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will Fantasy Life be liable in any way for any User Content.
You acknowledge that Fantasy Life may or may not pre-screen User Content, but that Fantasy Life and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, Fantasy Life and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Fantasy Life's sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.
With respect to User Content you submit or otherwise make available on or to the Service, you grant Fantasy Life an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Service. Fantasy Life reserves the right, but has no obligation, to monitor disputes between you and other users.
15.1 Initial Dispute Resolution
Our Customer Support Department is available via email firstname.lastname@example.org to address any concerns you may have regarding the Service. Our Customer Service Department is able to resolve most concerns quickly to our players’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
15.2 Choice of Forum and Law-
Except to the extent applicable law, if any, provides otherwise, and except as set forth below under the Arbitration and Class Action Waiver provision, all disputes arising out of or in any way related to this Agreement or the Service shall be brought exclusively in state or federal court in New York, New York. This Agreement, and all access to or use of the Service, shall be governed by New York law.
15.3 Binding Arbitratio-
This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA, and not by any state law concerning arbitration.
If you or we elect to arbitrate a claim, neither you nor we will have the right to: (1) have a court or a jury decide the claim; (2) participate in a class action in court or in arbitration, either as a class representative or a class member; (3) act as a private attorney general in court or in arbitration; or (4) join or consolidate your claim(s) with claims of any other person or involving any other transaction.
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Fantasy Life will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Fantasy Life will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
15.4 Effect of Arbitration Award-
Any court with jurisdiction may enter judgment upon the arbitrator's award. The arbitrator's award will be final and binding, except for: (1) any appeal right under the Federal Arbitration Act, 9 U.S.C. §§1 et seq. (the
"FAA"); and (2) claims involving more than $100,000. For claims involving more than $100,000, any party may appeal the award to a three-arbitrator panel appointed by the Administrator, which will reconsider anew any aspect of the initial award that is appealed. The panel's decision will be final and binding, except for any appeal right under the FAA. The costs of any appeal will be borne in accordance with the paragraph below captioned "Location And Costs."
15.5 Location and Costs-
Any arbitration hearing that you attend will take place in a location that is reasonably convenient for you. If you cannot afford or otherwise do not want to pay the Administrator's or arbitrator's filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from the Administrator, we will consider in good faith any request by you for Fantasy Life to bear the cost of those fees. We will pay for our own attorneys, experts and witnesses and will pay the reasonable fees and charges of your attorneys, experts and witnesses if you win the arbitration, as determined by the arbitrator. We will pay any administration fee, arbitration fees and fees and charges of attorneys, experts and witnesses if and to the extent we are required to pay such fees and charges by law or in order to make this Arbitration Provision enforceable.
15.6 Class Action Waiver-
Notwithstanding any language herein to the contrary, if you or we elect to arbitrate a claim, neither you nor we will have the right to: (1) participate in a class action in court or in arbitration, either as a class representative, class member or class opponent; (2) act as a private attorney general in court or in arbitration; or (3) join or consolidate your Claims with claims of any other person or involving any other transaction, and the arbitrator shall have no authority to conduct any such class, private attorney general or multiple-party proceeding.
The parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND FANTASY LIFE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
15.7 Exception - Litigation of Intellectual Property and Small Claims Court Claims-
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
16. Application License
All data with the exception of the Content, including, without limitation, text, graphics, interactive features, logos, photos, videos, software, and all other audible and visual materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Service (collectively, the "Materials") are the intellectual property of Fantasy Life, its licensors, and its suppliers. The Materials are protected by copyright, trade dress, patent, trademark, and other laws, international conventions and proprietary rights. All ownership rights to the Materials remain with Fantasy Life, its licensors or its suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to Fantasy Life or its affiliates and/or third party licensors. Except as expressly authorized by Fantasy Life, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials.
Subject to your compliance with these Terms, Fantasy Life grants you a limited non-exclusive, non-transferable license to download and install a copy of the app on a device that you exclusively control and to run such copy of the app solely for your own personal use. Fantasy Life reserves all rights in and to the app not expressly granted to you under these Terms. You will not run any version of the app on a jailbroken device.
If you have downloaded our app, you agree to promptly download and install any new version that we make available through the iTunes App Store or Google Play store, as applicable. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the App may in some cases expose you to increased security risks or Service malfunctions.