Terms of Service (TOS)
ACCEPTANCE OF TERMS FanDraft LLC provides the FanDraft software and the FanDraftOnline.com service as defined below to you subject to the following terms of service (“TOS”). FanDraft LLC reserves the right to make additions, revisions, and modifications to these terms at any time. It is therefore important for you to periodically refer to https://fandraft.com/terms-of-service (this page) for the most current version of our TOS. By continuing to use the Service following such modifications, you agree to comply with this Agreement (the “Agreement”) and to be bound by any such modifications to the TOS. By agreeing to our terms of service, you also thereby agree that you are over 13 years of age. Any child under the age of 14 must do so with an account created by their parent/guardian and under their supervision. The usage of any account by a person or persons under the age of 14 will forfeit all claims of liability towards FanDraft LLC for any reason, by any users of said account.
DESCRIPTION OF SERVICE
FanDraft LLC offers a web-based system for you to use in order to create customizable rankings reports on the World Wide Web of the Internet at http://www.fandraft.com (the “Site”, “FanDraft”). In addition to the core features offered by FanDraft LLC, this Service may include information and features from third-party partners of FanDraft LLC. You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem or other access device.
COPYRIGHT
All information, content, software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements displayed on, transmitted through, or used in connection with site, and the selection and arrangements thereof, and trademarks, service marks and trade names (the “Material”) are the property of FanDraft LLC or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark and other applicable laws. FanDraft LLC hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Material for noncommercial and personal use only provided that you maintain all copyright and other notices contained in such Material. In accepting these TOS, you agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of FanDraft LLC. You may not distribute any Material to others, whether or not for payment or other consideration, and you may not modify, copy, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Material. You may not screen scrape or otherwise copy our Material without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through Site, and not to use any data mining, data gathering or extraction method. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
PRIVACY POLICY
Data submitted for registration and use of the Service are subject to our privacy policy. Please see our complete privacy policy for details.
OUTBOUND LINKS
When you are on FanDraft.com or FanDraftOnline.com, you could be directed to other web sites that are beyond our control as there are links to other sites from our pages that take you outside the realm of our service. This may include links to partners, affiliates, and content providers that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves our site, the site you enter is not controlled by FanDraft LLC and different terms of use and privacy policy may apply. By clicking on links to other sites, you acknowledge that FanDraft LLC is not responsible for those sites. FanDraft LLC also reserves the right to disable links from third-party sites to any page on our site, although we are under no obligation to do so. In addition, the Service allows customers to add outbound links to other sites on the Internet. As FanDraft LLC has no control over such sites and resources, you acknowledge and agree that FanDraft LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FanDraft LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
CUSTOMER CONTENT
FanDraft LLC permits you to upload information, advice, text, data, software, messages and other materials to the Site (“Customer Content”). Customer Content is your sole responsibility. This means that you, and not FanDraft LLC, are entirely responsible for all Customer Content that you upload, post, e-mail, transmit or otherwise make available via the Service. FanDraft LLC cannot ensure the security of any information you post on publicly available areas of the Service. Under no circumstances will we be liable in any way for any of Customer Content including, but not limited to, any errors or omissions in Customer Content, or for any loss or damage of any kind incurred as a result of the use of any of Customer Content made available via the Service. FanDraft LLC does not claim ownership of Customer Content. However, you hereby grant us a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Customer Content and to incorporate Customer Content in other works in any form, media, or technology now known or later developed. You acknowledge that we do not pre-screen Customer Content, but that we have the right, but not the obligation, in our sole discretion to modify, transmit over various networks, refuse or move any of Customer Content that is available on the Service. You agree that you must evaluate, and bear all risks associated with, the use of any of Customer Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Customer Content. You acknowledge and agree that FanDraft LLC may archive Customer Content and may also disclose Customer Content at any time and for any reason. Since we do not pre-screen user generated content, you may be exposed to content that is offensive, indecent, or objectionable.
SUBMISSIONS
Any material (e.g., email, posting to our support boards) you send us, solicited or unsolicited, including, but not limited to creative suggestions, ideas, notes, concepts, or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.
INDEMNIFICATION
You agree to indemnify and hold FanDraft LLC, its affiliates, partners, contractors, vendors, officers, directors and employees harmless from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your use of the Service.
DISCLAIMERS AND LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FANDRAFT LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FANDRAFT LLC, IT’S CONTENT PROVIDERS, PARTNERS, AND VENDORS AND ANY OF THEIR EMPLOYEES SHALL NOT BE HELD RESPONSIBLE FOR ERROR OR OMISSIONS PERTAINING TO THE ACCURACY AND RELIABILITY OF ANY OF THE INFORMATION RELATED TO THE SERVICE. FANDRAFT LLC RESERVES THE RIGHT TO TAKE DOWN THE SITE FOR PERIODIC MAINTENANCE AND UPGRADES, AND DEPENDING ON CIRCUMSTANCES MAY NOT INFORM CUSTOMERS IN ADVANCE OF ANY SUCH DOWNTIME. FANDRAAFT LLC ALSO RESERVES THE RIGHT TO REMOVE ANY HISTORICAL INFORMATION INCLUDING, BUT NOT LIMITED TO, POLLS, ARTICLES, AND MESSAGE BOARD POSTS AT IT’S SOLE DISCRETION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FANDRAFT LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FANDRAFT LLC SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FANDRAFT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL FANDRAFT LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE PURCHASE PRICE OF THE PRODUCT.
JURISDICTION AND GOVERNING LAW
This agreement, and the application or interpretation of this agreement, shall be governed exclusively by its terms and in accordance with the laws of the State of Washington without regard to its conflict of law provisions. You and FanDraft LLC agree to submit to the personal and exclusive jurisdiction of the courts located within King county, Washington.
TERMINATION
FanDraft LLC at any time may terminate this Agreement with or without cause. You may terminate this agreement by submitting a written request to FanDraft LLC. Regardless of which party terminates the Agreement, the Service may be immediately suspended or disabled, without notice. In the event of either a suspension or termination of the Service to you, FanDraft LLC shall not be held responsible for any consequences pertaining to lack of access to the Service. No refunds, full or partial, are available for any reason. All purchases made through our website are final.
MISCELLANEOUS
The TOS constitutes the entire agreement between you and FanDraft LLC regarding your use of the Service from which you accessed this Agreement and governs your use of the Service, superseding any prior agreements between you and FanDraft LLC with respect to the Service. FanDraft LLC may modify this Agreement periodically without notice. If any provision of this Agreement is determined invalid, all other provisions will remain in effect as fully valid.
FanDraft Community Forums – Terms of Service
By accessing “FanDraft Community Forums” (hereinafter “we”, “us”, “our”, “FanDraft LLC”, “https://help.fandraft.com/support/discussions/”), you agree to be legally bound by the following terms. If you do not agree to be legally bound by all of the following terms then please do not access and/or use “FanDraft Community Forums”. We may change these at any time and we’ll do our utmost in informing you, though it would be prudent to review this regularly yourself as your continued usage of “FanDraft Community Forums” after changes mean you agree to be legally bound by these terms as they are updated and/or amended.
You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of your country, the country where the “FanDraft Community Forums” is hosted or International Law. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP address of all posts are recorded to aid in enforcing these conditions. You agree that “FanDraft Community Forums” have the right to remove, edit, move or close any topic at any time should we see fit. As a user you agree to any information you have entered to being stored in a database. While this information will not be disclosed to any third party without your consent, neither “FanDraft Community Forums” nor phpBB shall be held responsible for any hacking attempt that may lead to the data being compromised.
In Copa Compliance, all users of the FanDraft Community Forums must be over the age of 13.