3. 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, including payment information, required to use the Service or claim a prize; violating eligible payment method terms. 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. Stats Providers Legacy Fantasy Sports LLC utilizes third-parties to provide statistics for most contests. STATS PERFORM LLC 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.
5. 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.
6. 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.
7. 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:
• abuse, harass, impersonate, intimidate or threaten other Legacy Fantasy Sports LLC users;
• post or transmit, or cause to be posted or transmitted, any Content that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
• use the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
• 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 Legacy Fantasy Sports LLC user; • create or submit unwanted email ("Spam") to any other Legacy Fantasy Sports LLC users;
• infringe upon the intellectual property rights of Legacy Fantasy Sports LLC, its users, or any third party;
• submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
• 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;
• use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service;
• use artificial means, including creating multiple user accounts, to inflate your position and standing with the Legacy Fantasy Sports LLC leader boards and community;
• use unauthorized scripts; all authorized scripts will be made available through the Service prior to game entry;
• advertise to, or solicit, any user to buy or sell any products or Service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to users without their prior explicit consent;
• sell or otherwise transfer your profile;
• attempt to influence the play in any sporting event from which athletes are available for selection in Legacy Fantasy Sports LLC contests on Legacy Fantasy Sports LLC in which you are involved or in which you have a direct or indirect interest.
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.
12. 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.
13. 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.
14. 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.
16. 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. 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. 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.
Communications Users with questions, complaints or claims with respect to the Service may contact us at firstname.lastname@example.org.