Description of Service
Dirt Draft currently provides Users with an interactive community and discussion chat rooms in which Users can discuss, among other things, daily fantasy sports. Through the Site and chat rooms, Users are able to become subscribers, browse content, rankings, projected lineups, listen to podcasts, view live streams and engage in various discussions via chat rooms. The Site also provides access to numerous online resources, including various communication tools, articles, reviews, guides, hyperlinks, personalized content and branded programming through its network of affiliates (collectively, the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new affiliates, software, or content, shall be subject to this TOU. You understand and agree that Dirt Draft assumes no responsibility for the timeliness, deletion, delivery or failure to store any User communication or personalized settings. In addition, Dirt Draft holds the right to modify, discontinue, or suspend any aspect of the Service at any time. Dirt Draft may also choose, without notice or liability, to limit or restrict access to portions or all of its features or any other aspect of the Service. You are responsible for obtaining access to the Service and all associated connection fees to the internet or other web connection (such as internet service provider or airtime charges), as well as all equipment necessary to make such connection to the Service.
The Site, Service and Content are strictly for entertainment and informational purposes. The Service is not to be used for or in conjunction with any illegal activities. You agree that Dirt Draft and its parents, subsidiaries, affiliates, employees, agents, representatives, and assigns will not be liable or responsible for any User activity that may violate any law of the User's jurisdiction. We do not represent or warrant that actions you take with regard to your account and related activities on the Service will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you within your jurisdiction and to act lawfully at all times when using the Service.
The Service may contain, but is not limited to, information, advice, text, materials, podcasts, chat rooms, live streams, sample lineups, projected lineups, lineup optimizers, rankings and services (collectively, the "Content") that are provided for your convenience and entertainment. Third parties also provide some of the Content. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Content may be subject to terms and conditions of third parties not directly under the control of Dirt Draft. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing.
The Service contains proprietary information, statistics, and projections both original and from other third-party sources. Users of the Service may not engage in unauthorized spidering, "scraping", data mining or harvesting of Content, or use any other unauthorized automated means to gather data from or about the Service. If Dirt Draft, in its sole discretion, determines that a User is using the Site and the Service with the intent of “scraping”, data mining or harvesting Content for use or sale elsewhere, whether for personal or commercial purposes, the User will be deemed in violation of this TOU and subject to termination of their subscription.
Third party advertisers may offer goods, services and other materials to you on the Service. Your correspondence and business dealings with advertisers found on or through the Service including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that Dirt Draft will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services, and other Content on the Service. Descriptions of, or references to, products or publications within the Service do not imply endorsement of that product or publication.
Some portions of the Service or Content may require paid subscriptions to access. We reserve the right to change, modify and increase any such subscription fees or any other terms of access to the Service and Content at any time, in our sole discretion. We will make reasonable efforts to notify you of any such changes prior to their implementation, using the contact information you have provided us.
THE CONTENT, SERVICES, AND PRODUCTS LISTED THROUGHOUT THE WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE, THE CONTENT, SERVICES AND PRODUCTS ON THIS WEBSITE, AND ANY WEBSITE WITH WHICH THIS WEBSITE IS LINKED. THE CONTENT, PRODUCTS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM YOUR USE OF OR THE INABILITY TO USE THE WEBSITE. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY CONTENT, PRODUCT OR SERVICE AVAILABLE ON THE WEBSITE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU AS THE USER. THIS WEBSITE AND THE CONTENT, PRODUCTS AND SERVICES ON THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE CONTENT, PRODUCTS AND SERVICES AND ALL OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED.
WE DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. FURTHER, Dirt Draft AND ITS SUBSIDIARIES AND AFFILIATES, WHERE PERMITTED BY APPLICABLE LAW, DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
Dirt Draft AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
Limitation of Liability
EXCEPT AS WHERE LIMITED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL Dirt Draft BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE OR THE CONTENT, EVEN IF FORESEEABLE OR IF Dirt Draft HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Dirt Draft’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
You use the Service and the Content at your own risk. Dirt Draft will not be responsible for any loss you suffer as a result of your use or reliance upon the Service or the Content. By using the Service and the Content, you represent that you understand and acknowledge that the performance of individuals and teams in sporting and gaming contests is affected by many factors that are beyond Dirt Draft’ control. Dirt Draft makes every effort to furnish accurate and complete information and data, but Dirt Draft does not warrant or guaranty the accuracy or completeness of any information and data contained within the Service and the Content.
License / Site Access
Dirt Draft hereby grants you, the User, a non-exclusive, non-transferable and revocable license to access the Site, the Service and the Content solely for viewing, browsing and/or retrieving information solely for your personal, non-commercial purposes, subject to the terms and provisions of this TOU.
User Subscription Obligations
Subscription is required for the access and use of certain portions of the Service. Those portions of the Service that require a subscription are so indicated. Any and all rates and charges imposed by us for use of the Service are set at our discretion and subject to change. In consideration of your subscription, you represent that you are of legal age in your jurisdiction to form a binding contract and agree to provide true, accurate, current, and complete information about yourself as prompted by the Service's subscription page. If at any time you provide us with any information about yourself that is untrue, inaccurate, not current or incomplete (or we have reasonable grounds to believe you have done so), we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.
User Content and Conduct
From time to time, Dirt Draft may permit you to upload information, advice, text, data, chat room communications, software, messages and other materials to the Service ("Your Content"). Your Content is your sole responsibility. This means that you, and not Dirt Draft, are entirely responsible for all of Your Content that you upload, post, e-mail, transmit or otherwise make available via the Service. If you post personal information on publicly available areas of the Service then you may receive unsolicited messages from third parties. Dirt Draft cannot ensure the security of any information you post on publicly available areas of the Service. Under no circumstances will we be liable in any way for any of Your Content including, but not limited to, any errors or omissions in Your Content, or for any loss or damage of any kind incurred as a result of the use of any of Your Content made available via the Service.
Dirt Draft does not claim ownership of Your Content; however, you hereby grant us a free, world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content and to incorporate Your Content in other works in any form, media, or technology now known or later developed. Your Content is not confidential.
You acknowledge that Dirt Draft does not pre-screen Your Content, and that we have the right, but not the obligation, in our sole discretion to modify, transmit over various networks, refuse, remove, or move any of Your Content that is available on the Service. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Content.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Dirt Draft and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
You acknowledge and agree that Dirt Draft may archive Your Content and may also disclose Your Content at any time and for any reason. Since we do not pre-screen User generated content, you may be exposed to content that is offensive, indecent, or objectionable. In addition, you hereby agree not to use Your Content or the Service in any other matter to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a Dirt Draft official, forum leader, forum moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of Dirt Draft or of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation, except in those areas that are designated for such purpose;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
collect or store personal data about other users.
By accepting the TOU, you agree that Dirt Draft may remove or suspend your access and subscription to the Service for any misuse described above or otherwise deemed by Dirt Draft, in its sole discretion, to potentially endanger the Service, other users, or the Service’s ability to operate effectively.
You are not permitted to promote special interests, services or products within the Site. If Dirt Draft, in its sole discretion, determines that a User is using the Site with the intent to promote special interests, services, or advertise goods or services, including other websites, the User will be deemed in violation of this TOU and subject to termination of their subscription. Users who modify their locations, title, or username in an attempt to avoid enforcement of this policy may be penalized, in Dirt Draft' sole discretion, up to and including termination of their subscription.
Disclaimer of Service of Resale
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. You agree that you may not reproduce, duplicate, sell, resell, trade, lease, license, assign, or redistribute the Service or the Content, in whole or in part, to any third party. You further agree that you will not: (a) make any Service or Content available to, or use any Service or Content for the benefit of, anyone other than yourself, (b) sell, resell, license, sublicense, distribute, rent or lease any Service or Content, or include any Service or Content in a service bureau or outsourcing offering, (c) interfere with or disrupt the integrity or performance of any Service or third-party data contained therein, (d) attempt to gain unauthorized access to any Service or Content or its related systems or networks, (e) frame or mirror any part of the Service or Content, (f) access any portion of the Service or Content in order to build a competitive product or service, or (g) reverse engineer, decompile, modify or create any derivative work from any portion of the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Dirt Draft has no control over such sites and resources, you acknowledge and agree that Dirt Draft 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 Dirt Draft 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.
Other sites may link to, but not replicate Dirt Draft content. Any other site that links to the Service shall not (i) create a browser or border environment around any of the content of the Service, (ii) imply that Dirt Draft is endorsing or sponsoring it or its products, (iii) present false information about Dirt Draft or its products or services, (iv) use Dirt Draft’ trademarks or other intellectual property, or (v) contain content that could be construed as distasteful, offensive or controversial, without the express written consent of Dirt Draft.
Notwithstanding anything to the contrary contained in this TOU, we reserve the right to deny permission to link to the Service from any website for any reason in our sole and absolute discretion.
You agree that Dirt Draft may, under certain circumstances and without prior notice, immediately terminate your User account, profile, any associated email address, and access to the Service. Cause for such termination shall include, but is not limited to: breaches or violations of the TOU or other incorporated agreements or guidelines; requests by law enforcement or other government agencies; a direct request by the User; discontinuance or material modification to the Service, or any part thereof; unexpected technical or security issues or problems; and/or, extended periods of inactivity. Absent a request from the User, Dirt Draft does not intend to terminate User accounts without good cause; however, you agree that any unilateral termination of the account by Dirt Draft is ultimately a decision vested in our sole discretion. Dirt Draft shall not be liable to you or any third party for any termination of your account and associated loss of access to the email address or the Service.
By using the Site, you agree to defend, indemnify, and hold harmless Dirt Draft and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees from any claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs, and expenses, including attorney’s fees, related to or in connection with this TOU, including, without limitation, your use of the Service and Content, your connection to the Service and Content, your violation of the TOU, or your violation of any rights of another.
The content, organization, graphics, design and other matters related to the Site are owned and controlled by Dirt Draft and protected under applicable copyright, patent and other intellectual property and proprietary laws. You agree to abide by any and all additional copyright notices, information, or restrictions contained on any part of the Site and in any part of the Service. Copying, reproducing, using, modifying, publishing or storing any part of the Service or Content is expressly prohibited without prior written permission from Dirt Draft or the copyright holder as identified on the Site, Service or Content.
Dirt Draft and other service marks, trademarks and logos displayed on the Service are the property of Dirt Draft and/or its licensors. You agree not to display or use the Dirt Draft intellectual property in any manner, without express written consent from Dirt Draft.
Elements of the Service including, but not limited to, the "look and feel," are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, trademark, slogan, graphic, sound or image from the Site or Service may be copied or retransmitted unless expressly permitted by Dirt Draft. Use of confusingly similar or disparaging terms is a violation of the intellectual property rights of Dirt Draft and our licensors.
By agreeing to the TOU, you agree and understand that Dirt Draft may terminate use of the Service of subscribers and account holders who infringe the rights of copyright holders.
All suggestions, ideas, notes, concepts and other information you may post, send or otherwise communicate to us, including, but not limited to, information communicated through email correspondence and chat room conversations (collectively, the “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, Dirt Draft shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation, to the provider of the Submissions.
The TOU and the relationship between you and Dirt Draft shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You irrevocably submit and consent to the exclusive jurisdiction and venue of the courts of the State of New Jersey for any dispute arising out of, relating to or in connection with this TOU or your access the Site or your use of the Service and the Content. You waive any right to raise the defense of forum non conveniens.
Entire Agreement / Limitation on Claims
This TOU contains the sole and entire agreement between the parties with respect to the use of the Site and the Service and supersedes any and all other prior written or oral agreements between us. You agree that regardless of any rule, statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Service, or the TOU, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The subject headings used in this TOU are included only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this TOU or the intent of any provision of this TOU.
Validity / Severability
In the event that any of the terms or conditions of this TOU shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such terms and conditions shall be deemed void ab initio and shall be deemed severed from this TOU. In such event, and except if such determination by a court of competent jurisdiction materially changes the rights, benefits and obligations of this TOU, the remaining terms shall remain unchanged, and to the extent possible, such remaining terms and conditions shall be construed in the context of their original purpose such that the TOU can be enforced in a lawful manner.
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 DirtDraft, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be DirtDraft's responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit DirtDraft'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.
Acceptance of TOU
Changes to TOU