Our Terms of Use have been updated as of December 1, 2023
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 12.
Please read these Terms of Use carefully before using the Service. By using or otherwise accessing the Service, or clicking to accept or agree to these Terms where that option is made available, you (1) accept and agree to these Terms and our additional rules and Scoring system and (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy and (3) any additional terms, rules and conditions of participation in particular contests issued by Legacy Fantasy Sports LLC from time to time. If you do not agree to the Terms, then you may not access or use the Content or Services.
Legacy Fantasy Sports LLC DBA On Demand Daily Fantasy Sports (collectively, “We”, “Us”, “On Demand DFS”, “LFS” or “Legacy Fantasy Sports”) provides a Daily Fantasy Sports and Social Networking Platform via its website and related mobile app - which include all of the text, images, audio, code and other material they contain or provide (collectively, the “Content”) and all of the features, contests and other services they provide. The Site, the mobile app and any other features, tools, materials, or other services (including co-branded or affiliated services) offered from time to time by Legacy Fantasy Sports LLC are referred to here as the “Service.”
1. ELIGIBILITY.
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms. By registering for an account and/or using the Service, you are representing and warranting that:
· You will abide at all times by these Terms of Use and any other agreements between you and Legacy Fantasy Sports regarding your use of the Service or participation in games;
· You do not, by virtue of affiliation with another daily fantasy site, have access to the site’s pre-release non-public confidential data about contest-related information.
2. CONDITIONS OF PARTICIPATION.
A. REGISTRATION.
In order to participate in a contest on the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Legacy Fantasy Sports LLC has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Legacy Fantasy Sports LLC may deny you access to areas requiring registration, or terminate your account, at its sole discretion. You may establish, maintain, use and control only one account on the Service, unless where a family account is allowed by established guidelines through the Apple App store or Google Play, and a user sets up an account through this process. Each account on the Service may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not “co-own” accounts on the Service. In the event Legacy Fantasy Sports LLC determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that Legacy Fantasy Sports LLC may have, Legacy Fantasy Sports LLC reserves the right to suspend or terminate any or all of your accounts.
B. USERNAME AND ACCOUNT SECURITY.
At the time of registration for online account access, you must provide a valid Phone Number, Google Account, Facebook Account or Apple Account and a Username to be used in conjunction with your account. You may not use a Username that Legacy Fantasy Sports LLC, in its sole discretion, deems offensive. Many portions of the Service require registration for access (the "Restricted Areas"). You are responsible for maintaining the confidentiality of your account and are fully responsible for all uses of your Username and One Time Passwords, whether by you or others. You agree to immediately notify Legacy Fantasy Sports LLC of any unauthorized use of your Username and Password or account or any other breach of security. Legacy Fantasy Sports LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge and agree that Legacy Fantasy Sports LLC is authorized to act on instructions received through the use of your Username, and that Legacy Fantasy Sports LLC may, but is not obligated to, delete content, deny access or block any transaction made through use of your Username without prior notice if we believe your Username is being used by someone other than you, or for any other reason. Legacy Fantasy Sports LLC may require you to change your Username or may unilaterally change your Username for violations of these terms of use.
C. CANCELLATION OF CONTESTS.
Legacy Fantasy Sports LLC also reserves the right to cancel contests, in our sole discretion, without any restrictions. Legacy Fantasy Sports LLC, in its sole discretion, may disqualify you from a contest or the entire Service, refuse to award fantasy points or prizes won through any sweepstake or other promotional contest and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct Legacy Fantasy Sports LLC deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Service or in any way detrimental to other users.
Improper conduct includes, but is not limited to falsifying personal information. If for any reason the Service is not running as originally planned (e.g., if the Site becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Legacy Fantasy Sports LLC corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Legacy Fantasy Sports LLC reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause 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 may be posted on the Site. The failure of Legacy Fantasy Sports LLC to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Legacy Fantasy Sports LLC (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
D. GAME OF SKILL.
Daily Fantasy Sports contests are a game of skill. Winners are determined by the criteria stated in each contest's rules. For each contest, winners are determined by the individuals who use their skill and knowledge of relevant sports information and fantasy sports rules to accumulate the most fantasy points in a contest. Fantasy points are accumulated through the performance of individual athletes in live or historical sports events.
E. PROMOTIONS.
Legacy Fantasy Sports may also offer Rewards Points in accordance with the terms of a promotion or for other marketing purposes at Legacy Fantasy Sports’ sole discretion.
F. PUBLICITY.
By entering a contest, you consent to Legacy Fantasy Sports’ and its service providers’ and business partners’ use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other Legacy Fantasy Sports’ contests and Legacy Fantasy Sports generally, unless otherwise prohibited by law. Legacy Fantasy Sports and its business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the contest. Entrants agree that Legacy Fantasy Sports may announce any winner's name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of Legacy Fantasy Sports or other contests or games operated by Legacy Fantasy Sports. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
G. STATS PROVIDERS.
Legacy Fantasy Sports LLC utilizes third-parties to provide statistics for most contests. Sports Radar AG provides statistics for all Fantasy Sports utilized on the Site. Any and all data presented by Legacy Fantasy Sports LLC for purpose of providing gameplay on the site is the sole property of Legacy Fantasy Sports LLC and/or its content provider. Incorporating or otherwise “mining” said content by contestants for any purpose outside of the Site’s platform is strictly prohibited and Legacy Fantasy Sports LLC will pursue all legal remedies allowable under applicable law.
3. UPDATES TO TERMS OF USE.
Except for Section 12, providing for binding arbitration and waiver of class action rights, Legacy Fantasy Sports LLC reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time.
The “Last Updated” date at the top the Terms of Service indicates when the latest modifications were made to the Terms of Service therefore, you are responsible for reviewing and should become familiar with any such modifications. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms of Use as modified.
4. TRANSLATION.
We may translate these Terms of Service into other languages for your convenience. Nevertheless, the English version governs your relationship with Company, and any inconsistencies among the different versions will be resolved in favor of the English version.
5. SERVICE AVAILABILITY.
The Company Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. If the Company Service were discontinued at any time, all data would be deleted pursuant to the discontinuation process.
6. CONDUCT.
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 Legacy Fantasy Sports LLC. By way of example, and not as a limitation, you agree not to:
Violation of our rules may result in the canceling of your account.
7. USER CONTENT.
You acknowledge and agree that Legacy Fantasy Sports LLC may remove any User Content (as defined below) and terminate any Legacy Fantasy Sports LLC 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).
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 Legacy Fantasy Sports LLC, 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 Legacy Fantasy Sports LLC be liable in any way for any User Content. You acknowledge that Legacy Fantasy Sports LLC may or may not pre-screen User Content, but that Legacy Fantasy Sports LLC 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, Legacy Fantasy Sports LLC and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Legacy Fantasy Sports LLC'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 Legacy Fantasy Sports LLC 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. Legacy Fantasy Sports LLC reserves the right, but has no obligation, to monitor disputes between you and other users.
8. INDEMNITY.
You agree to release and to indemnify, defend and hold harmless Legacy Fantasy Sports LLC and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, your violation of these Terms of Use, your receipt, ownership, use or misuse of any sweepstakes prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Legacy Fantasy Sports LLC reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Legacy Fantasy Sports LLC in the defense of such matter.
9. WARRANTY DISCLAIMERS.
You expressly understand and agree that your use of the Service is at your sole risk. The Service (including the Service and the Content) are provided on an "AS IS" and "as available" 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 Legacy Fantasy Sports LLC has no control over, and no duty to take any action regarding: which users gain access to or use the Service; 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 Legacy Fantasy Sports LLC from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. Legacy Fantasy Sports LLC makes no representations concerning any Content contained in or accessed through the Service, and Legacy Fantasy Sports LLC will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
10. LIMITATION ON LIABILITY.
You acknowledge and agree that you assume full responsibility for your use of the site and service. You acknowledge and agree that any information you send or receive during your use of the site and service may not be secure and may be intercepted or later acquired by unauthorized parties. You acknowledge and agree that your use of the site and service is at your own risk. Recognizing such, you understand and agree that, to the fullest extent permitted by applicable law, neither legacy fantasy sports llc nor its suppliers or licensors will be liable to you for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages of any kind, including without limitation damages for loss of profits, goodwill, use, data or other tangible or intangible losses or any other damages based on contract, tort, strict liability or any other theory (even if legacy fantasy sports llc had been advised of the possibility of such damages), resulting from the site or service; the use or the inability to use the site or service; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the site or service; any actions we take or fail to take as a result of communications you send to us; any incorrect, illegible, misdirected, stolen, invalid or inaccurate entry information; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any device or network, providers, or software (including, but not limited to, those that do not permit an entrant to participate in the service); any injury or damage to computer equipment; inability to fully access the site or service or any other website; theft, tampering, destruction, or unauthorized access to, or alteration of, entries, images or other content of any kind; data that is processed late or incorrectly or is incomplete or lost; typographical, printing or other errors, or any combination thereof; or any other matter relating to the site or service. Notwithstanding anything to the contrary contained herein, legacy fantasy sports llc'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 legacy fantasy sports llc for general use of the site or service during the term of your registration for the site. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. 11. Our proprietary rights all title, ownership and intellectual property rights in and to the service are owned by legacy fantasy sports llc or its licensors. You acknowledge and agree that the service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by legacy fantasy sports llc, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the service, in whole or in part.
11. TERMINATION AND SUSPENSION.
Legacy Fantasy Sports LLC may terminate or suspend all or part of the Service and your Legacy Fantasy Sports LLC account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your Legacy Fantasy Sports LLC account, you may contact us via the contact form with a note to say you wish to terminate your account. The following provisions of the Terms survive any termination of these Terms: CONDITIONS OF PARTICIPATION (except for Registration and Account Password and Security); GAME RULES (only Bonuses and Promotions); CONDUCT (only User Content); INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION. If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with Legacy Fantasy Sports LLC regarding restoration of your account only via info@legacyfantasysportsLLC.com. Should you attempt to circumvent any suspension levied by Legacy Fantasy Sports LLC through registering again under false pretenses, Legacy Fantasy Sports LLC reserves the right to permanently terminate your eligibility to use the service.
12. BINDING 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. Dispute Resolution As a contestant on our Site, you agree that you will present any dispute regarding contest results relating any sweepstakes or other promotional enterprise, to our administration and the parties shall engage in good faith negotiation to attempt an amicable resolution. It should be noted, Legacy Fantasy Sports LLC may from time to time allow third party partners to operate a sweepstakes contest on its site, and Legacy Fantasy Sports LLC is not liable to any user under circumstances where a third party is operating said sweepstakes. User agrees that any dispute which arises out of a dispute from a third party operated sweepstake promotion will be addressed directly to the third party. Legacy Fantasy Sports LLC will prominently display acknowledgments when third parties are operating a sweepstakes contest through its service Facilitation and Binding Arbitration If the parties cannot come to a reasonable solution to any disputed claim within sixty (60) days of written submission by the contestant, the parties agree to first submit to facilitation with a facilitator agreed upon by the parties and facilitator fees shall be split between the parties, with the facilitation taking place in the county of Macomb, State of Michigan. If the parties cannot agree on a facilitator, the parties agree that an appointment will be made by a judge of appropriate jurisdiction in the Macomb County Circuit Court. Upon appointment of a facilitator, the parties agree that any case filed in Macomb County Circuit Court for purpose of appointment of a facilitator will be dismissed. If the parties do not resolve their dispute through facilitation, the facilitator will appoint an arbitrator to arbitrate the dispute pursuant to the rules of the American Arbitration Association. All arbitrator fees shall be split equally between the parties. Location for formal Arbitration and/or Judgment submission If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents in Canada, arbitration shall be initiated in the County of Macomb, State of Michigan United States of America, and you and Legacy Fantasy Sports LLC agree to submit to the personal jurisdiction of any federal or state court in Macomb County Michigan, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Class Action Waiver The parties further 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 LEGACY FANTASY SPORTS LLC 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 there is a final judicial determination that applicable law precludes enforcement of this Paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
13. APPLICATION LICENSE.
Subject to your compliance with these Terms, Legacy Fantasy Sports LLC 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. Legacy Fantasy Sports LLC 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.
14. ADDITIONAL TERMS FOR OUR iOS APP.
You acknowledge and agree that (i) these Terms are binding between you and Legacy Fantasy Sports LLC only, and Apple is not a party hereto, and (ii) as between Legacy Fantasy Sports LLC and Apple, it is Legacy Fantasy Sports LLC that is responsible for the app and the content thereof. You must use the iOS app only on an Apple-branded product that runs iOS. Your use of the app must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the app. You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party’s intellectual property rights. In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and Legacy Fantasy Sports LLC, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Legacy Fantasy Sports LLC’s responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit Legacy Fantasy Sports LLC’s liability in this regard. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. There are no other third-party beneficiaries of the Terms.
15. GENERAL INFORMATION.
Entire Agreement These Terms (and any additional terms, rules and conditions of participation in particular contests that Legacy Fantasy Sports LLC may post on the Service) constitute the entire agreement between you and Legacy Fantasy Sports LLC with respect to the Service and supersedes any prior agreements, oral or written, between you and Legacy Fantasy Sports LLC. Legacy Fantasy Sports LLC may issue additional terms, rules and conditions of participation in particular contests or leagues. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation in particular contests, the latter will prevail over the Terms to the extent of the conflict.
All third party trademarks (including logos) referenced by Legacy Fantasy Sports remain the property of their respective owners. Legacy Fantasy Sports does not own any of the team, league, or event trademarks/uniforms depicted within this site. Unless specifically identified as such, Legacy Fantasy Sports' use of third party trademarks does not indicate any relationship, sponsorship, or endorsement between Legacy Fantasy Sports and the owners of these trademarks.
16. WAIVER AND SEVERABILITY OF TERMS.
The failure of Legacy Fantasy Sports LLC 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 an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or 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. 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 Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Section Titles The section titles in the Terms are for convenience only and have no legal or contractual effect.
Users with questions, complaints or claims with respect to the Service may contact us at info@legacyfantasysports.com
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