TFD provides a platform via its <thefantasydoctors.com> and <thefantasydoctorsanalytics.com>websites and apps (the “Site”) to a community of visitors and registered users (“Users” or “you”) to view analysis, content, share comments, content, opinions and ideas (comments, content, opinions, ideas and the like are referred to as “Comments” herein), register for premium membership accounts (“Premium Accounts”), and participate in contests and promotions (the “Services”). Additional Services may be offered by us from time to time. The following are the terms of service (“Terms”) for using the Site and the Services.
DISCLAIMER: THE PREDICTIVE ALGORITHMS THAT ARE USED PROVIDE BEST ESTIMATES OF FUTURE PLAYER PERFORMANCE. ACTUAL PLAYER PERFORMANCE RESULTS MAY NOT MATCH, OR CLOSELY MATCH, THE ESTIMATES OF PREDICTED PLAYER PERFORMANCE. THE ESTIMATES ARE INTENDED FOR ENTERTAINMENT PURPOSES ONLY.
TFD grants you a nonexclusive, nontransferable, revocable license to access and use the Site and Services strictly in accordance with the Terms. Your use of the Site and Services are solely for internal, personal, noncommercial purposes, unless otherwise provided herein. No printout or electronic version of any part of theSite or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
We develop a community of fantasy sports fans and provide analytics, news and services. We will develop more features and services in the future. The services are provided for entertainment purposes and are not guaranteed.
By using the Site, you agree to all the terms below.
TFD reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change, TFD will notify you by posting an announcement on the site. What constitutes a material change will be determined at TFD’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Continuing to use any Service shall constitute your acceptance of the Terms as modified.
In addition, when using particular features of the Services, you shall be subject to any guidelines or rules posted for and/or applicable to such Services.
Your access to and use of the Site and our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of TFD. TFD reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Comments at any time at its sole discretion and without prior notice. TFD may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your Comments.
If these terms change, we will notify you. Also, things can go wrong and the service may be interrupted. It’s unlikely, but sometimes things can go really wrong.
As a condition to using Services, you may be required to open an account with TFD and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the Services, by either terminating your email access or your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your TFD account.
Services are available to authorized representatives of legal entities and to individuals who are either (i) at least 18 years old to register for Premium Accounts, or (ii) at least 13 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site may display Comments that may be offensive to some.
You may only post original Comments. If you are not the creator, you are not allowed to upload the Comment and shall not upload any Comments for the purposes of self advertising.
To fully use the services, you need to create your own account, without violating other people’s rights.
All Comments posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Comment originates and you acknowledge and agree that you, and not TFD, are entirely responsible for all Comments that you post, or otherwise submit to the Site. TFD does not control user submitted Comments and, as such, does not guarantee the accuracy, integrity or quality of such. You understand that by using the Site you may be exposed to Comments that are offensive, indecent or objectionable. TFD is not responsible for the monitoring or filtering of any Comments.
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 TFD. By way of example, and not as a limitation, you agree not to use the Services:
1. to abuse, harm, harass, threaten, impersonate or intimidate any person or promote violence, illegal activities, or the invasion of another’s privacy;
2. to post or transmit, or cause to be posted or transmitted, any Comments that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane, tortuous, hateful, or that infringes any copyright, trademark or other right of any person;
3. to publically post private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers or credit card numbers;
4. for any purpose (including posting or viewing Comments) that is not permitted under the laws of the jurisdiction where you use the Services;
5. to post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account, or private information from any TFD user;
6. to create or transmit unwanted ‘spam’ to any person or any URL;
7. to create multiple accounts for any unlawful, unethical or unfair purpose;
8. to create a competing website or take information from the Site and post, provide or in any manner transfer it to a competing website;
9. to post copyrighted content or Comments or other communications that do not belong to you;
10. with the exception of accessing RSS feeds, you agree not to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
11. to artificially inflate or alter vote counts, blog counts, Comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services;
12. to advertise, market or promote to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Services in order to contact, advertise or promte to, solicit, or sell to any user without their prior explicit consent;
13. to sell or otherwise transfer your profile.
To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to TFD at email: firstname.lastname@example.org.
You are solely responsible for your interactions with other users of the Site. TFD reserves the right, but has no obligation, to monitor disputes between you and other users.
You cannot use our site to post pornographic material, harass people, send spam, and do other crazy stuff. Please be reasonable and responsible, and don't do anything stupid.
Please read this section carefully before posting, uploading, or otherwise submitting any Comments to the Site. By submitting Comments to the Site you are granting TFD a worldwide, non-exclusive license to use the Comments and are representing and warranting to TFD that the Commentsare either owned by you or you are authorized to represent or distribute the Comments, and that TFD is free to publish, distribute and use the Comments as provided in these Terms without obtaining permission, consent or any license from any third party.You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against TFD, all of which such rights are hereby expressly and irrevocably waived by you in favor of TFD.
The comments, contentor communications you post aren’t stolen or taken from anyone else. You give us permission to use your comments, content or communications, and you can’t take away that permission.
TFDmay provide premium services to users registered for them, such as FantasyDoctors Analytics. To register for a Premium Account, you must be at least 18 years of age and have a valid TFD account. In addition to the general terms and conditions provided for by these Terms, the following terms and conditions apply specifically to Premium Account holders:
1. Services available to Premium Account holders are described on the Fantasy Doctors Analytics page.
2. TFD may modify, suspend or discontinue Services provided to Premium Account holders at any time at its sole discretion and without prior notice.
3. You represent and warrant that if you are purchasing something from us, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
4. To the extent that you purchase any goods directly from us we may refund your purchase price within thirty (30) days of you notifying us in writing of your desire of the refund together with a reason for the request subject to the return of the Product to us in substantially the same condition as when purchased. Any refund or return may be subject to restocking fees as found on our Site.
We might offer some premium accounts and services, which may require agreement to separate terms as well as payment of fees.
TFD respects the intellectual property rights of others. It is our policy to respond promptly any claim that Comments posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. TFD will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Comments claimed to be infringing and/or terminating accounts and access to the Site.
To notify TFD of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of email@example.com and include in your notice a detailed description of the alleged Infringement sufficient to enable TFD to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Commentsare infringing your copyright.
If we remove or disable access to Comments in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Comments. If you feel that your Commentswere not infringing, you mayrovide TFD with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at firstname.lastname@example.org. You must include in your counter notice sufficient information to enable TFD to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Commentsare not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
Digital Millennium Copyright Act - Notification of Alleged Copyright Infringement
TFD has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. TFD reserves the right to remove any Comments or communications that allegedly infringe another person’s copyright. TFD will terminate, in appropriate circumstances, Users who are repeat infringers of another person’s copyright. Notices to TFD regarding any alleged copyright infringement should be directed to TFD via email at: email@example.com.
Filing a DMCA Notice to Remove Copyright-Protected Content If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
• Your name, address, telephone number, and email address (if any);
• A description of the copyrighted work that you claim has been infringed;
• A description of where on the Website the material that you claim is infringing may be found, sufficient for TFD to locate the material (e.g., the URL);
• A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law and is not a fair use;
• A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
• Your electronic or physical signature.
Filing a DMCA Counter-Notice to Restore Content Removed from the Website
If you believe that your material has been removed by mistake or misidentification, please provide TFD with a written counter-notification containing the following information:
• Your name, address, telephone number, and email address (if any);
• A description of the material that was removed and the location on the Site (e.g., the URL) where it previously appeared;
• A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
• A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which TFD may be found (which includes the United States District Court for the Middle District of North Carolina), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
• Your electronic or physical signature.
We respect copyright. If anything is wrong, please send an email with all the details to firstname.lastname@example.org.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TFD has no control over such sites and resources, you acknowledge and agree that TFD 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 TFD 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.
Some people may post links; we are not responsible for those links.
You hereby expressly and irrevocably release and forever discharge TFD, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless TFD, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Comments posted on the Site, (iii) the use of the Services, by you or any person using your account or TFD Username and password, or (iv) any violation of any rights of a third party.
We are not liable if something goes wrong.
THE FANTASY DOCTORS, THE FANTASY DOCTORS ANALYTICS,thefantasydoctors.com, thefantasydoctorsanalytics.com and other graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of TFD. TFD’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of TFD.
Please respect our trademarks and brands.
TFD may terminate or suspend any and all Services and/or your TFD account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your TFD account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Comments and information from your account prior to termination.
We may stop providing services at any time. You can also stop using your account or close your account at any time.
YOU USE THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. TFD EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TFD DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES, (E) YOUR USE OF THE SITE OR THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES.
We are providing a service the best we can, and we hope you enjoy the Site. But we make no promises about the Site or any Services.
EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER TFD NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. TFD SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, TFD’ SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
YOU AND TFD AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF TFD AND ALL PARTIES TO ANY SUCH PROCEEDING.
In addition to making no promises about the Site or Services, we are not liable if things go wrong. Things can happen — we are not responsible.
The Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, as if made within North Carolina between two residents thereof, The United Nations Convention on the International Sale of Goods shall not apply and is expressly excluded.
Any controversies or disputes arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association or of the International Center for Dispute Resolution to be held in Raleigh, North Carolina. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of these Terms. The arbitration proceeding shall be conducted in English and all documentation shall be presented and filed in English. All documents, materials and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator shall not have the authority to modify any provision of these Terms or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under these Terms. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events, or occurrences giving rise to the claim.
Indemnification of TFD
You, agree to defend, indemnify and hold TFD, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services. TFD reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. Any rule of construction stating that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. If one or more of the provisions herein shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. Any inconsistency between these Terms in English and these Terms in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any prior, subsequent or other default or breach.