TERMS & CONDITIONS
DRAFTOPS.com TERMS & CONDITIONS
(Last Updated 07/04/18)
THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS.
DraftOps may issue additional terms, rules and conditions at any time. You agree to be subject to them if you purchase or consider data for fantasy football contests you elect to enter or players you elect to draft in your fantasy football draft.
All payments are final. No refunds will be issued.
Registration and Access Controls
If we request registration information from you to set up a user account, you must provide us with accurate and complete information and must update the information when it changes.
You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by anyone other than members of your household. You accept responsibility for all activities, charges, and damages that occur under your account, including use of your account by other members of your household, and unauthorized use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use.
All Access Subscriptions and Billing
This Section contains additional provisions that apply if you subscribe to All Access and or purchase reports you can download.
All Access Account Information. You can access and edit specific details regarding your subscription to All Access, including information concerning your credit card or other available payment method (“Payment Method”), on the DraftOps website at any time.
Age Limitations. Individuals under the age of 18 may utilize All Access only with the involvement of a parent or legal guardian. You acknowledge that by using All Access, you may be exposed to content that you find objectionable, and it is your sole responsibility to determine whether the Content in All Access is suitable for you. Some Content may not be suitable for people under the age of 18.
Payment. By providing Payment Method information for your All Access subscription, you are agreeing to pay a monthly subscription fee and any applicable taxes and service fees (“Fees”) in connection with your use of All Access. The Fees will be charged to your Payment Method automatically at the beginning of your subscription (or at the end of your Trial Period, where applicable), and at the beginning of each monthly renewal thereafter on the calendar day corresponding to the commencement of your subscription unless you cancel your subscription or your account or All Access is suspended or terminated pursuant to these Terms. If your subscription begins after the 28th day of a month, then in any subsequent month in which that day does not occur, DraftOps will charge your Payment Method on approximately the last day of such month. As an example, if you started your subscription on January 31st, your next payment date will be approximately February 28th. The Fees charged to your Payment Method may vary from month to month due to changes in your subscription plan or applicable taxes, and you authorize DraftOps to charge your Payment Method for these amounts. DraftOps reserves the right to change the pricing of All Access at any time. In the event of a price change, DraftOps will post the new pricing in All Access and] attempt to notify you in advance by sending an email to the address you have registered for your account. If you do not wish to accept a price change, you may cancel your All Access subscription. If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify DraftOps within 60 days after they first appear on an account statement. YOU ARE RESPONSIBLE FOR ALL INTERNET ACCESS CHARGES. PLEASE CHECK WITH YOUR INTERNET PROVIDER FOR INFORMATION ON POSSIBLE INTERNET DATA USAGE CHARGES.
No Refunds. ALL FEES ARE NON-REFUNDABLE, even if you cancel All Access during a monthly subscription period, you will not receive a refund for any portion of the Fees for the remainder of that subscription period. In rare circumstances, we may provide a credit, refund, discount, or other consideration to some or all of our subscribers (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our sole discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
Unpaid Amounts. If you fail to pay any Fees when due, as a result of expiration of your Payment Method, insufficient funds, or otherwise, (1) you will remain liable for all such amounts, as well as any costs that DraftOps incurs in collecting any amounts you fail to pay in connection with All Access, including attorney and collections fees; (2) you authorize DraftOps to continue charging your Payment Method, as your Payment Method information may be updated and (3) we may suspend or terminate your subscription. Changing your Payment Method information may affect the day of your monthly subscription renewal.
Other Fee-Based Services
If you accept fee-based Services other than All Access, you agree to the additional terms governing all such purchases as provided to you or posted on the Services to which they apply, including all requirements to pay applicable fees and taxes. Except as otherwise provided in such additional terms, the provisions of this section apply to such fee-based Services.
Unless otherwise stated, all fees and charges are non-refundable, including for unused portions of cancelled subscriptions. We do not provide price protection or refunds in the event of a price drop or promotional offering.
DraftOps reserves the right to change the pricing of all Services at any time. In the event of a price change, DraftOps will post the new pricing on the relevant Service and attempt to notify you by sending an email to the address you have registered.
We may offer trial subscriptions to paid Services for free or at special discounted prices. Unless otherwise stated, these trial subscriptions will automatically become paying subscriptions at the current subscription rate if you do not cancel before the end of the trial period.
Other Fees may apply
Our Matchup Preview reports are distributed via Adobe Document Cloud services, which allows us to track the report. The tracking of the report is via IP address and you will be required to e-Sign it. YOU MAY NOT FORWARD THIS REPORT TO ANYONE WITHOUT WRITTEN CONSENT, WHICH WE WILL NOT GIVE. If you forward the report, we will be able to track it and you will be charged a monthly access fee equivalent to the report you distributed.
If you distribute our 3rd and Long Access Report, you will be billed an additional $14.99. If you distribute our Touchdown Access Report you will be billed an additional $29.99.
Please do not distribute the report and respect our intellectual property-we put a lot of work and dedication into this. Printing of the report is possible and viewing it online. You will not be able to make copies, to prevent distribution.
Without limiting any other provision in these Terms, you agree not to do the following, or assist others to do the following:
Access the Services using any interface other than ours;
Maintain any link to the Services that we ask you to remove, in our sole discretion;
Frame the Services or Content, make the Services or Content available via in-line links, otherwise display the Services or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the DraftOps or its affiliates and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities, or encourage conduct that would constitute a criminal offense or give rise to civil liability;
Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
Transmit files that contain viruses, spyware, adware, or other harmful code;
Advertise or promote goods or services without our permission (including, without limitation, by sending unsolicited email);
Remove, modify, disable, block or otherwise impair any advertising in connection with the Services;
Interfere with others using the Services or otherwise disrupt the Services;
Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Content or used to provide the Services;
Transmit, collect, or access personally identifiable information about other users without the consent of those users and DraftOps;
Engage in unauthorized spidering, “scraping,” data mining or harvesting of Content, or use any other unauthorized automated means to gather data from or about the Services;
Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Services or Content, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with Content; or
Access any portion of the Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.
If you violate this Section DraftOps may immediately terminate your access to the Services, and take any other actions or seek any remedies permitted by law.
Access to Services and Accounts
We may take any of the following actions in our sole discretion at any time, and without giving you prior notice:
Change or discontinue the Services;
Change how we offer and operate Services (e.g., to begin charging a fee to access features or Content that we previously made available without charge);
Remove Content from the Services;
Restrict, suspend or terminate your access to one or more Services or features thereof; and
Deactivate your accounts and delete all related information and files in your accounts.
We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms. If DraftOps terminates your access to any of the Services, you must immediately stop using such Service. However, if you have paid for a subscription to All Access or another paid Service, and we discontinue the Service before the end of a paid subscription period, or we terminate your account before the end of a paid subscription period for reasons other than your breach of these Terms, we will refund a prorated portion of the applicable subscription fee corresponding to the portion of the paid subscription period for which our action caused you not to have access to the relevant Service. If DraftOps terminates your access to All Access or another paid Service because you breached these Terms, you will not be entitled to any refund.
You will defend, indemnify and hold harmless DraftOps its affiliates, and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives and all of their successors and assigns (collectively, the “DraftOpsParties”) with respect to all third party claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation use of your account, whether or not authorized by you, and claims arising from User Submissions). DraftOps retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section without DraftOps prior written approval.
- Disclaimers; Limitation of Liability
THE DRAFTOPS PARTIES DO NOT WARRANT: (1) THAT THE SERVICES, ANY OF THE SERVICES’ FUNCTIONS OR ANY CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. THE CBS INTERACTIVE PARTIES SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. THE DRAFops PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT. THE SERVICES, INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
YOUR ACCESS TO AND USE OF THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT) IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.
THE DRAFTops.COM PARTIES WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTY SERVICE PROVIDERS, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT. DRAFTops IS NOT RESPONSIBLE FOR PLAYERS ON THE INJURY RESERVE LIST OR FOR PLAYERS THAT ARE NOT AVAILABLE TO BE DRAFTED IN THE FANTASY FOOTBALL DRAFT ON ANY DAILY FANTASY FOOTBALL SITE SUCH AS DRAFTIKNGS.COM, FANDUEL.COM, OR YAHOO SPORTS AND THE FANTASY FOOTBALL PLAYEE (YOU) ARE NOT AWARE OF THE STATUS OF THAT PLAYER.
THE DRAFTOPS PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT), YOUR USE OF THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT), THESE TERMS OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE DRAFTOPS PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). IN NO EVENT WILL THE CBS INTERACTIVE PARTIES’ LIABILITY FOR OTHER DAMAGES EXCEED THE AMOUNT PAID BY YOU TO CBS INTERACTIVE FOR ACCESS TO THE RELEVANT SERVICE IN THE THREE MONTHS PRECEEDING THE CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE DRAFTOPS.COM PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE SERVICES OR ANY OTHER SERVICE, PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE DRAFTOPS PARTIES.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Governing Law, Venue, and Jurisdiction
These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of the State of California, except California’s conflict of law rules. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.
With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in San Francisco, California. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
If you have any dispute with or claim against us or any of our affiliates (a “Claim”) arising out of or relating to the Services or these Terms, and the claim is not resolved by emailing our customer service department at firstname.lastname@example.org, you and we each agree to resolve such disputes through an individual binding arbitration or an individual action in small claims court. Class arbitrations and class actions are not permitted, and your Claim may not be consolidated with any other person’s claim. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This Section shall survive termination of these Terms or any subscription that you may have to any of the Services.
Before you commence arbitration or file a small claims court action with respect to your Claim, you must first send to DraftOPS a written notice of your claim (“Notice”). The Notice must (1) be sent by certified mail; (2) be addressed to: 703 Suite B N. Pier Avenue. Unit #711, Hermosa Beach, CA 90254 Attn: Legal Department; (3) describe the nature of your Claim; and (4) specify the damages or other relief you seek. If you and we do not then resolve the Claim within 30 days after our receipt of your Notice is received, either you or we may commence arbitration or file a small claims court action to resolve the Claim.
Any such arbitration shall be administered by the American Arbitration Association and be conducted in accordance with its Commercial Arbitration Rules, including the Consumer-Related Disputes Supplementary Procedures, if applicable (the “Rules”). Contact information for the American Arbitration Association, as well as copies of the Rules and applicable forms, are available at http://www.adr.org In circumstances in which the Rules provide for an in-person hearing, such hearing will, at your request, take place in the U.S. county (or parish) of your residence, or otherwise in Los Angeles, California.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them in the relevant Service or delivering them to you via email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. Nothing in these Terms affects any non-waivable statutory rights that apply to you. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.
If you do not agree to these Terms, you should immediately stop using the Services. If you want to delete your account on a Service, please use contact instructions posted on the Service at which you obtained the account. If you are an All Access subscriber, you must first cancel your subscription before you will be able to delete your account. Any User Submissions you made while using the Services will continue to be governed by these Terms.
Some sections of these Terms will survive any termination of your access to the Services, whether we terminate your access or you voluntarily discontinue your use.