Acceptance of Terms
FanDraft LLC provides the FanDraft software and the FanDraft.app service as defined below to you subject to the following terms of service (“TOS”). FanDraft LLC reserves the right to make additions, revisions, and modifications to these terms at any time. It is therefore important for you to periodically refer to https://fandraft.com/terms-of-service (this page) for the most current version of our TOS. By continuing to use the Service following such modifications, you agree to comply with this Agreement (the “Agreement”) and to be bound by any such modifications to the TOS. By agreeing to our terms of service, you represent that you are at least 13 years of age. The Service is not directed to, and may not be used by, children under the age of 13. If you are at least 13 but under the age of 18 (or the age of legal majority in your jurisdiction), you may use the Service only with the consent, and under the supervision, of a parent or legal guardian who agrees to be bound by this Agreement on your behalf.
Description of Service
FanDraft LLC offers web-based and mobile draft-day software for fantasy sports leagues — including live draft boards and draft rooms, customizable rankings, league and draft configuration tools, league imports, and related features — available at https://www.fandraft.com (the “Site”, “FanDraft”). In addition to the core features offered by FanDraft LLC, this Service may include information and features from third-party partners of FanDraft LLC. The Service may also interoperate with, or allow you to import information from, independent third-party services that are not partners of, or affiliated with, FanDraft LLC, as described in the section titled “Third-Party Services and League Imports” below. You acknowledge and agree that you must: (a) provide for your own Internet access and pay any service fees associated with such access, and (b) provide all equipment necessary for you to connect to the Service, including a computer, mobile device, or other access device.
Copyright
All information, content, software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements displayed on, transmitted through, or used in connection with site, and the selection and arrangements thereof, and trademarks, service marks and trade names (the “Material”) are the property of FanDraft LLC or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark and other applicable laws. FanDraft LLC hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Material for noncommercial and personal use only provided that you maintain all copyright and other notices contained in such Material. In accepting these TOS, you agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of FanDraft LLC. You may not distribute any Material to others, whether or not for payment or other consideration, and you may not modify, copy, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Material. You may not screen scrape or otherwise copy our Material without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through Site, and not to use any data mining, data gathering or extraction method. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. If you believe that material available on or through the Site infringes your copyright, please review our DMCA Policy, which describes how to submit a notice of alleged infringement to FanDraft LLC's Designated Copyright Agent.
Privacy Policy
Data submitted for registration and use of the Service are subject to our privacy policy. Please see our complete privacy policy for details.
Outbound Links
When you are on FanDraft.com or FanDraft.app, you could be directed to other web sites that are beyond our control as there are links to other sites from our pages that take you outside the realm of our service. This may include links to partners, affiliates, and content providers that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves our site, the site you enter is not controlled by FanDraft LLC and different terms of use and privacy policy may apply. By clicking on links to other sites, you acknowledge that FanDraft LLC is not responsible for those sites. FanDraft LLC also reserves the right to disable links from third-party sites to any page on our site, although we are under no obligation to do so. In addition, the Service allows customers to add outbound links to other sites on the Internet. As FanDraft LLC has no control over such sites and resources, you acknowledge and agree that FanDraft LLC 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 FanDraft LLC 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.
Third-Party Services and League Imports
The Service may offer features that allow you to import league configuration information — such as league name, number of teams, team information, and league, draft, roster, and scoring settings — from, and in some cases export your draft results to, a third-party fantasy league management platform in order to reduce the amount of manual setup required when creating a FanDraft league. When you select a third-party fantasy platform and provide the applicable league identifier or other requested information, you are requesting and instructing FanDraft LLC to retrieve and process available league information on your behalf for the purpose of providing the requested FanDraft functionality. FanDraft LLC performs league imports in response to such customer requests. Some third-party fantasy platforms make certain league information publicly accessible without authentication; for those platforms, an import retrieves only such publicly accessible league information using the league identifier you provide. Other third-party platforms require account authorization before league information can be imported or exported; where that is the case, you agree to connect only accounts and leagues that you are authorized to access, using the authorization methods supported by the applicable platform.
Third-party fantasy platforms and other third-party services are independent services that FanDraft LLC does not control. Compatibility with, or the ability to import information from, a third-party service does not imply, and should not be understood to imply, any affiliation, sponsorship, partnership, endorsement, authorization, or approval by that third party. All third-party names, trademarks, and service marks are the property of their respective owners. Your initiation of an import establishes your request and instruction to FanDraft LLC; it does not, and cannot, grant FanDraft LLC any rights in or from the applicable third-party service. Your use of any third-party service remains governed by that third party's own terms, policies, and account requirements, and you are solely responsible for complying with any obligations that apply to your use of those services.
You agree not to use the Service to: (a) attempt to access non-public third-party accounts or information without authorization; (b) circumvent any authentication, security, or access control of a third-party service; (c) supply credentials belonging to another person without authorization; or (d) otherwise misuse any third-party integration.
Because third-party services may change their technology, data formats, interfaces, access requirements, availability, or policies at any time and without notice to FanDraft LLC, FanDraft LLC does not guarantee that any particular third-party integration or import feature will remain available, functional, or accurate. FanDraft LLC reserves the right to modify, limit, suspend, or discontinue any third-party integration at any time, including where reasonably necessary due to technical changes, third-party restrictions, service availability, security concerns, legal concerns, operational concerns, compatibility problems, or other circumstances outside FanDraft LLC's reasonable control.
Customer Content
FanDraft LLC permits you to upload information, advice, text, data, software, messages and other materials to the Site (“Customer Content”). Customer Content is your sole responsibility. This means that you, and not FanDraft LLC, are entirely responsible for all Customer Content that you upload, post, e-mail, transmit or otherwise make available via the Service. FanDraft LLC 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 Customer Content including, but not limited to, any errors or omissions in Customer Content, or for any loss or damage of any kind incurred as a result of the use of any of Customer Content made available via the Service. FanDraft LLC does not claim ownership of Customer Content. However, you hereby grant us a 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 Customer Content and to incorporate Customer Content in other works in any form, media, or technology now known or later developed. You acknowledge that we do not pre-screen Customer Content, but that we have the right, but not the obligation, in our sole discretion to modify, transmit over various networks, refuse or move any of Customer Content that is available on the Service. You agree that you must evaluate, and bear all risks associated with, the use of any of Customer Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Customer Content. You acknowledge and agree that FanDraft LLC may archive Customer Content and may also disclose Customer 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.
Submissions
Any material (e.g., email, posting to our support boards) you send us, solicited or unsolicited, including, but not limited to creative suggestions, ideas, notes, concepts, or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.
Customer Conduct
FanDraft LLC is committed to providing a professional and respectful customer service experience. By using our services, you agree to interact with our employees, support staff, and other users in a respectful and professional manner. FanDraft LLC reserves the right to suspend or terminate your account without prior notice if, in our sole discretion, we determine that you have engaged in abusive, threatening, or disrespectful behavior toward our staff or any representative of FanDraft LLC. This includes, but is not limited to, the use of offensive or disrespectful language, harassment, or any other form of inappropriate conduct.
Indemnification
You agree to indemnify and hold FanDraft LLC, its affiliates, partners, contractors, vendors, officers, directors and employees harmless from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to: (a) your use of the Service; (b) your violation of this Agreement; (c) your use or misuse of any third-party service or integration accessed through the Service, including any violation by you of terms, policies, or other obligations applicable to your use of that third-party service; or (d) any unauthorized activity you perform through the Service.
Disclaimers and Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FANDRAFT LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FANDRAFT LLC DOES NOT WARRANT THAT ANY THIRD-PARTY SERVICE, INTEGRATION, OR IMPORT FEATURE WILL REMAIN AVAILABLE, UNINTERRUPTED, ACCURATE, OR ERROR-FREE. FANDRAFT LLC, ITS CONTENT PROVIDERS, PARTNERS, AND VENDORS AND ANY OF THEIR EMPLOYEES SHALL NOT BE HELD RESPONSIBLE FOR ERROR OR OMISSIONS PERTAINING TO THE ACCURACY AND RELIABILITY OF ANY OF THE INFORMATION RELATED TO THE SERVICE. FANDRAFT LLC RESERVES THE RIGHT TO TAKE DOWN THE SITE FOR PERIODIC MAINTENANCE AND UPGRADES, AND DEPENDING ON CIRCUMSTANCES MAY NOT INFORM CUSTOMERS IN ADVANCE OF ANY SUCH DOWNTIME. FANDRAFT LLC ALSO RESERVES THE RIGHT TO REMOVE ANY HISTORICAL INFORMATION INCLUDING, BUT NOT LIMITED TO, POLLS, ARTICLES, AND MESSAGE BOARD POSTS AT ITS SOLE DISCRETION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FANDRAFT LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FANDRAFT LLC SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FANDRAFT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) ANY FAILURE, OUTAGE, CHANGE, DISCONTINUANCE, OR INACCURACY OF OR ORIGINATING FROM ANY THIRD-PARTY SERVICE OR INTEGRATION, INCLUDING ANY LEAGUE INFORMATION OBTAINED FROM A THIRD-PARTY SERVICE; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL FANDRAFT LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNTS YOU PAID TO FANDRAFT LLC FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Dispute Resolution; Class Action Waiver
Most concerns can be resolved quickly and informally. Before filing a claim against FanDraft LLC, you agree to first contact us at support@fandraft.com with a description of your dispute and to attempt in good faith to resolve it informally for at least thirty (30) days.
If a dispute is not resolved informally, you and FanDraft LLC agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the Service shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may (a) bring an individual claim in small claims court, or (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights. The arbitration shall take place in King County, Washington, or, at your election, by videoconference or telephone. Judgment on the arbitration award may be entered in any court having jurisdiction.
YOU AND FANDRAFT LLC EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, you and FanDraft LLC each waive any right to a jury trial.
You may opt out of this arbitration provision by sending written notice to support@fandraft.com within thirty (30) days of first accepting this Agreement, stating your name, your account email address, and your intent to opt out of arbitration. Opting out of arbitration will not affect any other provision of this Agreement.
Jurisdiction and Governing Law
This agreement, and the application or interpretation of this agreement, shall be governed exclusively by its terms and in accordance with the laws of the State of Washington without regard to its conflict of law provisions. Subject to the Dispute Resolution section above, you and FanDraft LLC agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington.
Termination
FanDraft LLC at any time may terminate this Agreement with or without cause. You may terminate this agreement by submitting a written request to FanDraft LLC. Regardless of which party terminates the Agreement, the Service may be immediately suspended or disabled, without notice. In the event of either a suspension or termination of the Service to you, FanDraft LLC shall not be held responsible for any consequences pertaining to lack of access to the Service. No refunds, full or partial, are available for any reason. All purchases made through our website are final.
Export Controls and Sanctions
You represent that you are not located in a country or region subject to a comprehensive U.S. government embargo or sanctions and that you are not named on any U.S. government list of prohibited or restricted parties. You agree to comply with all applicable export control and sanctions laws and regulations in connection with your use of the Service.
Miscellaneous
The TOS constitutes the entire agreement between you and FanDraft LLC regarding your use of the Service from which you accessed this Agreement and governs your use of the Service, superseding any prior agreements between you and FanDraft LLC with respect to the Service. FanDraft LLC may modify this Agreement from time to time as described in the “Acceptance of Terms” section above. If any provision of this Agreement is determined invalid or unenforceable, that provision will be enforced to the maximum extent permissible and all other provisions will remain in full force and effect.
FanDraft Community Forums — Terms of Service
By accessing “FanDraft Community Forums” (hereinafter “we”, “us”, “our”, “FanDraft LLC”, “https://help.fandraft.com/support/discussions/”), you agree to be legally bound by the following terms. If you do not agree to be legally bound by all of the following terms then please do not access and/or use “FanDraft Community Forums”. We may change these at any time and we’ll do our utmost in informing you, though it would be prudent to review this regularly yourself as your continued usage of “FanDraft Community Forums” after changes mean you agree to be legally bound by these terms as they are updated and/or amended.
You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of your country, the country where the “FanDraft Community Forums” is hosted or International Law. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP address of all posts are recorded to aid in enforcing these conditions. You agree that “FanDraft Community Forums” have the right to remove, edit, move or close any topic at any time should we see fit. As a user you agree to any information you have entered to being stored in a database. While this information will not be disclosed to any third party without your consent, “FanDraft Community Forums” shall not be held responsible for any hacking attempt that may lead to the data being compromised.
In COPPA Compliance, all users of the FanDraft Community Forums must be over the age of 13.