Last updated on Oct 16, 2015.
You may choose to participate in DraftFury’s 7-Level Referral Program. By enrolling in the program, you accepted and agreed to the Referral Program Terms and Conditions which is hereby incorporated by reference into this Agreement as though fully set forth herein. To the extent that there is a conflict between this Agreement and the Referral Program Terms and Conditions, this Agreement shall govern.
DraftFury may issue additional terms, rules, and conditions for the participation in certain contests, and for certain bonuses and promotional offers. You agree to be subject to these additional terms, rules, and conditions if you participate in such contests, bonuses, or promotional offers.
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 that you will abide by and comply with these Terms.
In order to be eligible to play for prizes offered by DraftFury, or deposit money to play paid-entry games, you must be able to represent and warrant that you meet these requirements:
- you are of 18 years of age or older;
- you are a citizen or resident of the United States of America or Canada and that you have an address in the United States of America or Canada;
- you are physically located in the United States of America or Canada and reside in a jurisdiction in which participation in any contest you choose to participate in is not prohibited by applicable law;
- you are not listed on any United States government list of prohibited or restricted parties;
- you will abide at all times by these Terms and any other agreements between you and DraftFury regarding your use of the Service or participation in games; and
- you are not a resident of any of the following states: Arizona, Iowa, Louisiana, Montana, Nevada or Washington (the "Excluded States");
- and you are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (“IRS”) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.
As clarification, residents of the Excluded States are eligible to open and maintain accounts on DraftFury for use only in games that do not offer prizes and to participate in the 7-Level Referral Program.
DraftFury may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize. This may include requesting that you fill out an affidavit of eligibility. To the extent DraftFury requests that you fill out such an affidavit and you fail to do so within 5 days, or DraftFury otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that DraftFury may have in law or equity, DraftFury reserves the right to terminate your account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, DraftFury will pay out any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the prize structure of the contest, to be precisely determined by DraftFury in its sole discretion.
You may establish, maintain, use and control only one account on the Service. In the event DraftFury determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that DraftFury may have, DraftFury reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.
DraftFury employees may use the Service for the purpose of testing the user experience, but may not withdraw money or prizes. DraftFury consultants or promoters of the Service may play in contests without such limitation, but only if their arrangement with DraftFury does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service.
Athletes, coaches and other team management, team support personnel (e.g., without limitation, team physicians) and team owners may not participate in any DraftFury contests in the sport or sports with which they are associated. Team owners, referees, league employees, sports commissioners and other individuals who through an ownership interest or game-related employment can influence the gameplay are likewise ineligible.
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 DraftFury has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, DraftFury may deny you access to areas requiring registration, or terminate your account, at its sole discretion.
At the time of registration for online account access, you must provide a valid email address and supply a Username and Password to be used in conjunction with your account. You may not use a Username that promotes a commercial venture or a Username that DraftFury 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 Username and Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) never to use the same Password for the Service that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify DraftFury of any unauthorized use of your Username and Password or account or any other breach of security; and (d) use only your own Username and Password to access the Service’s Restricted Areas. DraftFury 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 DraftFury is authorized to act on instructions received through the use of your Username and Password, and that DraftFury may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason.
DraftFury may require you to change your Username or may unilaterally change your Username.
As a result of your registration for the Service, you may receive certain commercial communications from DraftFury. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to firstname.lastname@example.org. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
DraftFury reserves that right to cancel contests, in its sole discretion, without any restrictions. DraftFury may disqualify you from a contest or the entire Service, refuse to award fantasy points or prizes and require the return of any prizes, or suspend or terminate your account if you engage in conduct DraftFury deems, in its sole discretion, to be improper, unfair 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 required to use the Service or claim a prize; entering contests, and/or accumulating points or prizes through unauthorized methods such as automated scripts or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service; obtaining other entrants’ information and spamming other entrants; and abusing the Service in any way; or otherwise violating these Terms. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent DraftFury from pursuing criminal or civil proceedings in connection with such conduct. Further, the Service MAY NOT BE USED FOR ANY FORM OF GAMBLING.
If for any reason the Service is not running as originally planned (e.g., if DraftFury 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 DraftFury corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), DraftFury 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, DraftFury will provide notice to affected users.
The failure of DraftFury 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 DraftFury or other force majeure event will not be considered a breach of these Terms.
DraftFury is not affiliated with or sponsored by the National Basketball Association, National Football League, or Major League Baseball.
By entering a contest, you consent to DraftFury’s and its business partners’, use of your name, voice, likeness, and photograph in connection with the development, production, distribution and/or marketing and promotion of the selected contest and/or other DraftFury contests and DraftFury generally, unless otherwise prohibited by law. Contest winners agree that, from the date of notification of their status as a potential winner, and continuing until such time when notified that they no longer need to do so, they will make themselves available to DraftFury for up to 50 hours (or a higher quantity where specified by the rules of particular contests) of publicity, advertising and promotional activities relating to the contest or other DraftFury products, services or events, without additional compensation. DraftFury 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 DraftFury 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 DraftFury or other contests or games operated by DraftFury. 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.
DraftFury is 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 professional sports information and fantasy sports rules to accumulate the most fantasy points. Fantasy points are accumulated through the performance of individual athletes across multiple sports events. All entries in DraftFury’s contests must be made up of players drawn from a minimum of two sporting events.
Each DraftFury contest has an entry fee listed in US dollars. When you enter a paid-entry contest, the entry fee for the contest will be debited from your DraftFury account. Then, follow the links and instructions provided for the contest entry. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose Username the entry was submitted, or if possession of the Username itself is contested and in DraftFury’s opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. DraftFury reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.
DraftFury offers contests for multiple professional sports events generally taking place on a single day or at most a week.
After each contest ends, the tentative winners are announced (generally by the following day) but remain subject to final verification. Players in each contest who accumulate the most fantasy points and have met the eligibility requirements and have complied with the applicable rules will win prizes as set out in the posted contest details. Prizes are added to the winning player(s)’ account balance. In the event of a tie, the prize is divided evenly between the tied players, unless otherwise specified.
DraftFury offers a number of different types of contests. For each contest, we announce the entry fees and prizes in advance on the contest page. For a summary of entry fees and prizes for currently open contests please login and visit the main lobby.
Prize calculations are based on the results as of the time when final scoring is tabulated by DraftFury. Once winners are initially announced by DraftFury, the scoring results will not be changed in light of official adjustments made by the professional leagues, though we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our stats provider or in our calculation of results. We also may make adjustments in the event of noncompliance with the Terms. DraftFury has no obligation to delay the awarding of a prize in anticipation of any adjustment, and we reserve the right to reverse payments in the event of any adjustment. You agree to cooperate with our efforts to reverse payments.
No substitution or transfer of a prize is permitted. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of the Contest is challenged by any legal authority, DraftFury reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of the winner of DraftFury contests, DraftFury is the sole judge and its actions are final and binding.
Winners are generally posted after the conclusion of each contest by 10AM ET on the following day. Winners may be required to complete an affidavit of eligibility, a publicity agreement, and appropriate tax forms by a specified deadline. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner.
Any player based in the United States or Canada having earned USD $600 or more (net of all entry fees) in the previous calendar year must provide his or her name, address, government issued photo ID, and Social Security Number (if applicable) to DraftFury upon request. These details will be used to issue you a 1099-MISC or 1042-S. DraftFury reserves the right to withhold (from your existing account balance and/or from your future net earnings) any amount required to be withheld by law. You remain solely responsible for paying all taxes in accordance with the laws of your local government, state, province, or country of residence.
From time to time, DraftFury may offer bonuses or promotions to incentivize users to play on DraftFury. Any bonus or promotion that has a play-through release requirement will be first credited to the user’s Fury Bonus account until the requirements for release have been met. You may view your Fury Bonus balance under your Account Details.
Funds in the user’s Pending Bonus account have no cash value and cannot be withdrawn, used for paid-entry contests, or otherwise redeemed, until they are released to the user’s main DraftFury account balance. Fury Bonus funds are released incrementally, in accordance with the rules of the bonus or promotion from which the Fury Bonus funds originated.
DraftFury reserves the right to issue bonuses and promotions on a case-by-case basis. Your Fury Bonus funds have no date of expiration. DraftFury reserves the right to retract user bonuses or promotions at any time if it determines, in its sole discretion, that there has been fraud or abuse.
For withdrawals, we require a valid mailing address and social security number in order to file the appropriate tax forms we are required to file at year end.
Prior to authorizing a withdrawal, we may review your account to check with compliance with these Terms, the 7-Level Referral Program Terms & Conditions, including anti-fraud checks on playing patterns and deposits. We may request additional information before permitting a withdrawal.
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 DraftFury. By way of example, and not as a limitation, you agree not to:
- abuse, harass, impersonate, intimidate or threaten other DraftFury users;
- post or transmit, or cause to be posted or transmitted, any Content that is 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 the password, account, or private information from any DraftFury user;
- create or submit unwanted email (“Spam”) to other DraftFury users;
- infringe upon the intellectual property rights of DraftFury, its users, or any third party;
- 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 DraftFury community;
- 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 any user without their prior explicit consent;
- sell or otherwise transfer your profile;
- attempt to influence the play in any sports event that is the subject of a competition on DraftFury in which you are involved or in which you have a direct or indirect interest.
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 DraftFury, 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 DraftFury be liable in any way for any User Content.
You acknowledge that DraftFury may or may not pre-screen User Content, but that DraftFury 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, DraftFury and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in DraftFury’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 DraftFury 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. DraftFury reserves the right, but has no obligation, to monitor disputes between you and other users.
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 DraftFury 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 DraftFury 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. DraftFury makes no representations concerning any Content contained in or accessed through the Service, and DraftFury will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
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 DRAFTFURY 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 DRAFTFURY 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, DRAFTFURY'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 DRAFTFURY FOR GENERAL USE OF THE SITE OR SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.
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.
All title, ownership and intellectual property rights in and to the Service are owned by DraftFury 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 DraftFury, 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.
The Service provides, or third parties may provide, links to other websites or resources. Because DraftFury has no control over such websites and resources, you acknowledge and agree that DraftFury 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 DraftFury 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.
DraftFury may terminate or suspend all or part of the Service and your DraftFury account immediately, without prior notice or liability, if you breach these Terms. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your DraftFury account, you may contact us to do so.
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 DraftFury regarding restoration of your account by contacting email@example.com.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms.
DraftFury may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide DraftFury's Copyright Agent a written Notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
DraftFury's Copyright Agent can be reached at firstname.lastname@example.org.
To be valid, a Notice must be in writing and must follow the instructions above. Please use the contact information in this Section to notify us of alleged violations of other intellectual property rights.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Our Customer Support Department is available to address any concerns you may have regarding the Service via email@example.com. Our Customer Service Department is able to resolve most concerns quickly to our players’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
Any and all disputes, claims, or controversies arising out of or relating to these Terms (including their formation, performance and breach), or any use of the Service, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. In agreeing to arbitrate, you and DraftFury waive all rights to a trial by jury in any action or proceeding involving any claim.
The Commercial Arbitration Rules governing arbitration may be accessed at www.adr.org or by calling AAA at +1 (800) 778-7879. The arbitration rules permit you to recover attorney’s fees in certain cases. In some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
The parties agree that arbitration shall be held in Los Angeles County, California, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. You and DraftFury agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California, 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.
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 DRAFTFURY 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 any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to:
556 S Fair Oaks Ave
Pasadena, CA 91105
The notice must be sent within 30 days of your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, DraftFury also will not be bound by them.
DraftFury will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply only to any claims arising after the 60th day.
For any dispute not subject to arbitration, you and DraftFury agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Los Angeles, California. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Terms and the relationship between you and DraftFury shall be governed by the laws of the State of California without regard to conflict of law provisions.
These Terms (and any additional terms, or rules and conditions of participation in particular contests that DraftFury may post on the Service) constitute the entire agreement between you and DraftFury with respect to the Service and supersedes any prior agreements, oral or written, between you and DraftFury. 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.
The failure of DraftFury 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.
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.
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 firstname.lastname@example.org.