IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 30.
The following Terms of Service (“Terms”) set forth the terms and conditions of the agreement between you, an individual user (“You”), and SuperDraft, Inc. (“SuperDraft™”) in conjunction with SuperDraft™’s offering of fantasy sports contests (“the Service”) at the domain https://www.superdraft.io (“the Site”) and through our iPhone and Android apps.
2. THE SERVICE
SuperDraft™ will provide you with access to fantasy sports contests in which you must select a team of players through the use of your skill and knowledge of professional sports. For each contest, winners are determined by SuperDraft™ based on the ability to predict the performance of professional athletes over the course of multiple, real-world sporting events. SuperDraft™ shall have the sole discretion of determining its game rules and selecting winners of these contests. Further, SuperDraft™ shall be the sole arbiter of disputes over who wins each contest.
3. ACCEPTANCE OF TERMS
By accessing the Site and using any part of the Site or Service, you agree to be bound by these Terms. It is your responsibility to review these Terms regularly to determine whether they have changed. If you do not agree to all of the Terms, then you may not access the Site or attempt to use our Services.
4. TERMS REPRESENT ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and SuperDraft™ with respect to the Site, and these Terms supersede any prior agreements, oral or written, between you and SuperDraft™. A provision of these Terms may be waived only by written instrument executed by the party entitled to the benefit of such provisions. The failure of SuperDraft™ to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
5. MODIFICATION OF TERMS
SuperDraft™ reserves the right, at its sole discretion, to modify or replace the existing Terms of Service at any time. Should any change in Terms occur, you shall be responsible for reviewing and becoming familiar with any such modifications. Your continued use of the SuperDraft™ Site and Service upon any change or modification of the Terms constitutes your constructive acknowledgement and acceptance of these modifications.
6. USER ELIGIBILITY
By using our Site or Service, you hereby represent and warrant that you are a natural person (corporate entities and similar organizations are not eligible to use the SuperDraft™ Service) and you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms of Service and to abide by and comply with these terms.
Further, you represent and warrant that:
- You are the age of majority in your jurisdiction of residence (this is at least 18 in most states, 19 years of age in Nebraska, and 21 years of age for activities related to our services in Massachusetts).
- You are a citizen or resident of the United States of America or Canada and you have an address in the United States of America. (For purposes of clarity, citizens and residents of Puerto Rico are not eligible).
- You are physically located in the United States of America and reside in a jurisdiction in which participation in any contest you choose to participate in is allowed by applicable law.
- YOU ARE NOT A CITIZEN OR RESIDENT OF ANY OF THE FOLLOWING STATES: ALABAMA; ARIZONA; CONNECTICUT; DELAWARE; HAWAII; IDAHO; INDIANA; IOWA; LOUISIANA; MISSOURI; MONTANA; NEVADA; NEW JERSEY; PENNSYLVANIA; TENNESSEE; OR WASHINGTON. IN ADDITION, YOU ARE NOT A RESIDENT OF PUERTO RICO.
- You are either (a) not a principal, employee, officer, director, contractor or agent of SuperDraft™, nor are you an immediate family member of any officer, director, contractor or agent of SuperDraft™. (The term “immediate family member,” as defined herein, shall include parents, children, spouses, siblings, or any other person residing in the same household of an officer, director, contractor, or agent), or, (b) you are a contractor for SuperDraft that has been granted express permission by SuperDraft to enter our contests based on your lack of regular access to non-public portions of our office and your lack of access to any other information on our computer network or otherwise that may affect gameplay.
- You are not a professional or amateur athlete whose individual statistics or performance may be used to determine any part of the outcome of a fantasy sports contest, or a sports agent, team employee, referee, or league official associated with an athletic competition that is the subject of fantasy sports contests.
- You will establish only one account to participate in the Services offered on the SuperDraft™ Site, and only you will operate the account.
- You will abide at all times by these Terms and any other agreements between you and SuperDraft™.
- You are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.
- If you are a resident of the State of Massachusetts, you have not attempted to deposit more than $1,000 in any calendar month onto the site (or, if in the future we create a protocol for temporarily or permanently increasing deposit limits of specific State of Massachusetts residents, you have not attempted to deposit more than $1,000 in any calendar month in a manner that violates such protocol).
If any of the above representations and warranties are not met, in addition to any other rights and remedies available under law or equity, SuperDraft™ reserves the right to suspend or terminate your account and to revoke or withhold the awarding of any prizes associated with your account.
Further, in the event that SuperDraft™ discovers that you have opened more than one account, in addition to any other rights that SuperDraft™ may have, SuperDraft™ reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the award of any prizes.
All information, materials, functions, and other content (including User Content as defined in paragraph 10 below) provided on this Site (collectively “Content”), such as text, graphics, images, etc., is our property or the property of our licensors and is protected by US and international copyright laws. The collection, arrangement and assembly of all content on this Site is our exclusive property and is protected by US and international copyright laws. Except as stated herein or as otherwise provided in an express authorization from us, no Content from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in this Site is strictly prohibited.
Unless otherwise noted, the trademarks, service marks, trade dress, trade names, and logos (collectively “Trademarks”) used and displayed on this Site are our registered and unregistered Trademarks and the Trademarks of our licensors. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site. Our Trademarks and those of our licensors may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
9. USE OF SITE AND SERVICE
We grant you a limited license to access and make personal use of the Site and the Service, subject to these Terms. Neither this Site nor any portion of this Site or any Content may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us in writing, except that where the Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services, or brands. We reserve the right to refuse services, and/or cancel orders at our discretion if we believe that user conduct violates applicable laws or is harmful to our interests.
In the event that we offer downloads of software from this Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively the “Software”) are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
10. USER CONDUCT
As a condition of use, you agree not to use the Site or Service for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by SuperDraft™. By way of example, and not as a limitation, you agree to conduct yourself with good sportsmanship at all times, not to purchase multiple teams within a given contest unless the contest affirmatively allows for multiple entries by the same user, and not to engage in Collusion with other users to win any contest (the term “Collusion” shall include, but is not limited to, working together with another user to better any one entry at the expense of another).
In addition, you agree not to abuse, harass, impersonate, intimidate or threaten other SuperDraft™ users and employees; not to post or transmit, or cause to be posted or transmitted, any materials (“User Content”) that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, vulgar, or otherwise in violation of any law or right of any third party; not to use the Site for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws; not to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any SuperDraft™ user; not to create or submit unwanted email (“Spam”) to any other SuperDraft™ users; and not to infringe upon the intellectual property rights of SuperDraft™, its licensors, its users, or any third party.
Further, you agree not to submit comments discussing or linking to affiliate programs, multi-level marketing schemes, personal business ventures, or off-topic content; not to post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and not to use any robot, spider, scraper or other automated means to access the site for any purpose (except for RSS feed access) without our express written permission.
Finally, 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 Site or any activities conducted on the Site; or (3) bypass any measures SuperDraft™ may use to prevent or restrict access to the Site.
Violation of our rules may result in the removal of your content from the Site and/or the cancellation of your account. You acknowledge and agree that SuperDraft™ may remove any User Content and terminate any SuperDraft™ account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content). IN ADDITION, ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF OUR CONTESTS IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT OCCUR, SUPERDRAFT™ RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT AVAILABLE BY LAW.
To report Terms of Service abuse, please contact us at email@example.com.
11. USER CONTENT
You understand that all content created by users of either the Site or Service (“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 are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Site. Under no circumstances will SuperDraft™ be liable in any way for any User Content uploaded, posted, shared, emailed, transmitted or otherwise made available via the Site.
You acknowledge that SuperDraft™ may or may not pre-screen User Content, but that SuperDraft™ and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Content available via the Site. Without limiting the foregoing, SuperDraft™ and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in SuperDraft™’s sole discretion. You understand that by using the Site, you may be exposed to User Content that you may consider 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 Site.
With respect to User Content you submit or make available on the Site, you grant SuperDraft™ 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 Site. SuperDraft™ reserves the right, but has no obligation, to monitor disputes between you and other users.
12. RIGHTS TO USE OF YOUR PERSONAL INFORMATION
By using this Site or Service, you agree to provide SuperDraft™ with a worldwide, non-exclusive, royalty-free, perpetual, transferable and non-revocable license to use, for any purpose, any information provided by you on our Site. Specifically, you consent to the use of your name, voice, likeness, and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other SuperDraft™ contests, unless otherwise prohibited by law.
Contest winners agree that, from the date of notification of their status as a potential winner, and continuing until such time when notified that they no longer need to do so, they will make themselves available to SuperDraft™ for publicity, advertising and promotional activities relating to any contest in which they participate.
13. REGISTRATION FOR ACCOUNT
In order to use our Site or Service, you must register for an account. By registering as a user, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and to maintain and promptly update the Registration Data to keep it accurate, current and complete. Furthermore, you will not take any steps to mask your identity, location or demographic information. If you provide any information that is inaccurate, not current or incomplete, or SuperDraft™ has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, SuperDraft™ may deny you access to areas requiring registration, at its sole discretion.
14. ACCOUNT PASSWORD AND SECURITY
At the time of registering for an online account, you must provide a valid email address and supply a username and password to be used in conjunction with your account. Many portions of the Site require registration for access. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all uses of your username and password, whether by you or others. You agree to (a) keep your username and password confidential and not share them with anyone else; (b) immediately notify SuperDraft™ of any unauthorized use of your username and password or account or any other breach of security; and (c) use only your username and password to access the Site’s Restricted Areas. IF THERE IS UNAUTHORIZED USE OF YOUR ACCOUNT, YOU WILL BE LIABLE FOR THE LOSSES INCURRED BY YOURSELF, SUPERDRAFT™ AND OTHERS DUE TO ANY UNAUTHORIZED USE.
15. COMMUNICATIONS AND DISCLOSURES
As a result of your registration for the Service, you may receive certain commercial communications from SuperDraft™. You understand and agree that these communications are part of your registration, and that you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to firstname.lastname@example.org.
You acknowledge, consent and agree that SuperDraft™ may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce these Terms of Service; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of SuperDraft™, its Users and the public.
16. DISQUALIFICATION OF USERS
SuperDraft™, in its sole discretion, may disqualify any entrant from the Site or Service, refuse to award fantasy points or prizes and require the return of any prizes, if an entrant engages in conduct SuperDraft™ deems to be improper, unfair or otherwise adverse to the operation of the Site or Service or in any way detrimental to other entrants. Improper conduct includes, but is not limited to: falsifying personal information required to use the Service or to claim a prize; accumulating, or attempting to accumulate, points or prizes through unauthorized methods such as automated scripts or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with this Service; obtaining other entrants’ information and spamming other entrants; engaging in Collusion with other contest participants; abusing the SuperDraft™ Site in any way; or using language that in the sole discretion of SuperDraft™ is deemed offensive, intimidating, or in violation of the spirit of building a healthy and friendly fantasy sports environment. You further acknowledge that the forfeiture and/or return of any prize shall in no way prevent SuperDraft™ from pursuing criminal or civil proceedings in connection with such conduct.
17. TECHNICAL MALFUNCTIONS AND INFORMATION INACCURACY
You will not hold SuperDraft™ or its partners responsible for: any incorrect, invalid or inaccurate entry information; any incorrect, invalid or inaccurate player eligibility information that appears on our Site including, but not limited to, any inaccuracies related to player health status, player injury status, player vaccination status, player roster status, player suspension status or any other factor pertaining to a player’s ability to partake in a given real-world event; any incorrect, invalid or inaccurate player statistical information (past or present); human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to, software and operating systems that do not permit an entrant to participate in the Service), including without limitation any injury or damage to any entrant’s or any other person’s computer equipment relating to or resulting from participation in the Service; inability to access the Site, or any web pages of SuperDraft™; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any Service provider’s facilities, or any Site for any other reason whatsoever; typographical, printing or other errors; or any combination thereof
SuperDraft™ and any partners are also not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason the Service is not capable of running as originally planned, as well as if the Site or Service becomes corrupted or does not allow for the proper usage and processing of entries in accordance with the rules, or if infection by a computer (or similar) virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of SuperDraft™ corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service, SuperDraft™ reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the SuperDraft™ Site.
From time to time servers may overload and data may be lost. SuperDraft™ assumes no responsibility for the occasional loss of data, irrespective of whether this loss is temporary or permanent in nature.
The failure of SuperDraft™ to comply with any provision of these rules due to an act of god, hurricane, war, fire, riot, pandemic or endemic, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of SuperDraft™ (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these terms.
18. BANK TRANSFERS
All funds may only be withdrawn in USD. At this time, we cannot process ACH transfers to banks outside of the US, including transfers to Canadian banks. If you only bank with institutions outside the US, you may contact support and request to be mail a paper check issued in USD.
In early January of each year all winners who have won $600 or more (net of all entry fees) over the previous year will be contacted to provide address and social security number details. These details will be used to file a 1099-MISC with the Internal Revenue Service. Paying local, state, and federal taxes on prize winnings shall be the sole obligation of each user. SuperDraft™ is not responsible for withholding, and shall not withhold or deduct from your prize winnings, if any, FICA or taxes of any kind.
20. NON-AFFILIATION WITH ANY SPORTS LEAGUE OR PLAYERS ASSOCATION
SuperDraft™, as well as its Site and Service, is not in any way affiliated with any professional or amateur sports league, or with any players association or collection of players. The use of players’ names in conjunction with their statistics in our contests is intended for informational purposes only and should not be construed as an endorsement of our contests.
BY USING THE SITE, THE SUPERDRAFT™ SERVICE, OR ACCEPTING ANY PRIZE, YOU AGREE TO RELEASE AND TO HOLD HARMLESS SUPERDRAFT™ AND EACH OF ITS SUBSIDIARIES, AFFILIATES AND AGENCIES, AS WELL AS THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND REPRESENTATIVES OF ANY OF THE FOREGOING ENTITIES FROM ANY AND ALL LIABILITY, CLAIMS OR ACTIONS OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, FOR INJURIES, DAMAGES OR LOSSES TO PERSONS AND PROPERTY WHICH MAY BE SUSTAINED IN CONNECTION WITH PARTICIPATION IN THE SERVICE, THE RECEIPT, OWNERSHIP, USE OR MISUSE OF ANY PRIZE AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY.
22. NO WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SUPERDRAFT™ DISCLAIMS ALL WARRANTIES–STATUTORY, EXPRESS OR IMPLIED–INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
FURTHER, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT SUPERDRAFT™ HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING: WHICH USERS GAIN ACCESS TO THE SITE OR USE THE SITE; WHAT EFFECTS THE CONTENT MAY HAVE ON YOU; HOW YOU MAY INTERPRET OR USE THE CONTENT; OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. YOU RELEASE SUPERDRAFT™ FROM ALL LIABILITY FOR YOUR HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SERVICE OR THE SITE. THE SITE MAY CONTAIN OR DIRECT YOU TO SITES CONTAINING INFORMATION THAT SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE. SUPERDRAFT™ MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE AND SUPERDRAFT™ WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SITE.
INDIVIDUALS ENTERING INTO CONTESTS ON OUR SITE MUST CONDUCT THEIR OWN DUE DILIGENCE WHEN SUBMITTING THEIR ENTITRIES AND MAY NOT RELY ON ANY INFORMATION ABOUT PLAYER HEALTH STATUS, INJURY STATUS, VACCINATION STATUS, ROSTER STATUS OR PAST STATISTICAL PERFORMANCE THAT MAY BE APPEAR ON OUR SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICE IS DONE AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF DOWNLOADED MATERIAL.
23. LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT, UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, SHALL SUPERDRAFT™ BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUPERDRAFT™ HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SUPERDRAFT™’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SUPERDRAFT™ FOR GENERAL USE OF THE SITE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM. THIS LIMITATION ON LIABILITY SHALL EXTEND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS.
24. OUR PROPRIETARY RIGHTS
All title, ownership and intellectual property rights in and to the Site are owned by SuperDraft™ or its licensors. You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by SuperDraft™, you agree not to modify, rent, lease, loan, sell, publicly display, distribute or create derivative works based on the Site, in whole or in part.
25. LINKS TO THIRD PARTY SITES
The Site provides, or third parties may provide, links to other World Wide Web sites or resources, including, but not limited to, third party advertisers. Recognizing that SuperDraft™ has no control over such sites and resources, you acknowledge and agree that SuperDraft™ 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 SuperDraft™ 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. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES OF THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES IS SOLELY AT YOUR OWN RISK.
SuperDraft™ may terminate or suspend the Site and any and all Services and your SuperDraft account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Service. Upon termination of your account, your right to use the Site will immediately cease, and all rights under this contract shall cease other than those deemed to survive termination under Section 33 of the Terms. If you wish to terminate your SuperDraft account, you may simply discontinue using the Site or contact us with notice saying you wish to terminate your account. If you contact us expressing the desire to permanently close your account, we will do so in a timely fashion. The best way to contact us about terminating your account is by emailing us at email@example.com.
In addition, if you are the parent or guardian of a minor who you believe has accessed our site, we will close that account. The best way to contact us about terminating such an account is by emailing us at firstname.lastname@example.org.
27. DORMANT and NON-DEPOSITING ACCOUNTS
Definition of Dormant Accounts:An account will be classified as “Dormant” if there has been no contest-related activity by the account holder for twelve (12) or more consecutive months.
2. Service Fee on Dormant Accounts:In line with regulatory guidelines, customer accounts that have been dormant for more than 12 consecutive months will be charged an account service charge of $6.00 for each month of inactivity.
3. Forfeiture of Bonuses and Winnings:Any bonuses or earnings resulting from bonus wagers will be forfeited and removed from customer/user accounts that have not received a deposit within a period of sixty (60) days from the date of account creation.
4. Expiration of Promotional Funds:All promotional assets and funds, including but not limited to tickets, Super-Cash, and any other added funds, will be forfeited if not used within a 12-month period beginning from the date they were earned or issued.
28. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms of Service. This means, among other things, that you agree, to the full extent permissible by law, no third party shall have any rights to bring claims arising out of these Terms of Service on your behalf or to claim for themselves rights that are afforded to you under this agreement.
29. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
SuperDraft™ may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you are a copyright owner, or an agent of a copyright owner, and believe that any content infringes upon your copyrights, you may submit notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated Copyright Agent, with the following information in writing (see 17 USC 512(c)(3)): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SuperDraft™ has designated Copyright Agents. To report claimed infringement contact email@example.com.. Only DMCA notices should be sent to the Copyright Agent. Any other communications should be directed to the appropriate channels as indicated by clicking on the “Contact Us” link.
30. CHOICE OF LAW
The Federal Arbitration Act shall govern all matters related to arbitration. Otherwise, you agree that any claim you may have against SuperDraft™, irrespective of whether the claim that is brought arises under contract, tort or other legal theory, shall be interpreted exclusively under the law of the State of New York. No user of this site, successor in interest, or any other party seeking to bring suit on behalf of the interests of a user may attempt to argue any state law claims under any theory other than the State of New York. THIS CHOICE OF LAW CLAUSE SHALL APPLY WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES AND IRRESPECTIVE OF THE UNDERLYING CAUSE OF ACTION.
31. ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT:
Any controversy or claim arising out of, in connection with, or in any way relating to the Terms, with the exception of those controversies or claims specifically excluded in the following paragraph, shall be settled by a single arbitrator from the American Arbitration Association (“AAA”), in connection with AAA rules. 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. Any such arbitration shall be held within a fifty mile radius of Salem, New Hampshire.
You and SuperDraft™ agree that the following types of disputes are not subject to this binding arbitration provision: (1) any disputes seeking to enforce or protect, or concerning the validity of either any of your intellectual property rights or SuperDraft™’s intellectual property rights; (2) any claim for injunctive relief; and (3) any type of dispute that is not eligible for arbitration based upon the applicable law of New York as governs these Terms.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879.
In addition, you and SuperDraft™ agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND SUPERDRAFT™ 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. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: firstname.lastname@example.org. The notice must be sent within 30 days of your first use of the Service. Otherwise you shall be bound to arbitrate disputes. If you opt-out of these arbitration provisions, SUPERDRAFT™ also will not be bound by them.
SUPERDRAFT™ will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
32. FORUM SELECTION
For any dispute not subject to arbitration, or where no election to arbitrate has been made, you and SuperDraft™ agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located within a fifty mile radius of Salem, New Hampshire. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
33. WAIVER AND SEVERABILITY AND TERMS
The failure of SuperDraft™ to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by SuperDraft™ without restriction. Any assignment attempted to be made in violation of these Terms of Service shall be deemed void. In addition, you agree that to the fullest extent permissible by law, no third party shall have any rights to bring claims arising out of this Terms of Service on your behalf or to claim for themselves rights that are afforded to you under this agreement.
35. NO AGENCY
You agree that no joint venture, partnership, employment, or agency relationship of any kind exists between you and SuperDraft™. YOU FURTHER ACKNOWLEDGE THAT BY SUBMITTING USER CONTENT TO SUPERDRAFT™, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND SUPERDRAFT™.
36. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The headings and section titles in the Terms are for convenience only and have no legal or contractual effect.
The following sections of these Terms shall survive the termination of the Terms and/or your account, irrespective of whether terminated by you or SuperDraft™: Sections 6, 7, 8, 9, 11, 12, 17, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31, 33, 35 and 37.
39. CONTACTING US
You may contact us regarding these Terms of Service or the Site at email@example.com.