IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTIONS XIV AND XV.
I. Licensed Uses and Restrictions
B. If your product or service uses or is based upon the Dynasty Owner application, then YOU SHALL comply with the FOM Developer Policy located at https://dynastyowner.com/privacy.
C. YOU SHALL use instructions provided in the Dynasty Owner application to place application identification information (application ID) into any application or service you develop that incorporates or makes any use of the Dynasty Owner application. You may only create a single application ID per application or service and such application ID must accompany all web services requests coming from that application or service. You must provide accurate identification, contact, and other information required as part of the registration process. You SHALL NOT create any script or other automated tool that attempts to create multiple application IDs.
D. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the Dynasty Owner registration processes (the “Registration Data”). If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of the Dynasty Owner application. You also agree (a) to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to Dynasty Owner application. In addition, you agree to exit from your account at the end of each session. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section and/or any unauthorized use of your account.
E. “Public Forum” means an area, site or feature offered as part of the Dynasty Owner application that enables users (a) to submit, post, display and/or view User-Generated Content and/or (b) to communicate, share or exchange User-Generated Content with other Dynasty Owner users, including, without limitation, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, e-mail function. You acknowledge that anything you submit to Dynasty Owner by way of any Public Forum may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered therein are for public and not private communications. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You are and shall remain solely responsible for the User-Generated Content submitted and/or posted under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. You acknowledge that the use of User-Generated Content posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We reserve the right to screen, refuse to post, remove or edit User-Generated Content at any time and for any or no reason in our absolute and sole discretion without prior notice. If we elect to screen User-Generated Content, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your User-Generated Content including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material. When participating in a Public Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Information obtained in a Public Forum may not be reliable, and it is not a good idea to take any action based solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any User-Generated Content contained in a Public Forum, and we shall not be responsible for any decisions made or actions taken or not taken based on such information or content. Your ability to access and browse User-Generated Content within a Public Forum and/or to submit and/or post User-Generated Content within a Public Forum may be subject to certain age restrictions and/or related procedures that we may revise in our sole discretion at any time and for any reason. Any such age restrictions and procedures will be posted within the Public Forum, as applicable.
G. If you wish to confirm that your application constitutes an acceptable use of the Dynasty Owner application or wish to inquire about fee increases, register your application with us.
H. To participate in Dynasty Owner or use the Dynasty Owner application, you must have a valid Dynasty Owner application ID to be obtained on the registration page of the Dynasty Owner application. If you do not have a Dynasty Owner application ID, you will be prompted to sign up for one while completing the registration process for Dynasty Owner.
I. YOU SHALL NOT:
1)use the Dynasty Owner application in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: gambling, a “Fantasy Contest” as defined in Ohio Revised Code Sec. 3774.01 or any similar law, spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials (e.g. Nazi memorabilia), goods made from protected animal/plant species, recalled goods, hacking/surveillance/interception/descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items, non-packaged food items, weapons and accessories;
2) use the Dynasty Owner application in connection with any commercial activity, or in connection with any materials, website, or application which is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or which advertises for a product or service which is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
4) sell, lease, or sublicense the Dynasty Owner application or access thereto without FOM’s prior, express, written permission;
6) reverse engineer, decompile, or otherwise separate the content contained within the Dynasty Owner application from the application;
7) use the Dynasty Owner application in a fashion that violates any applicable league guidelines, rules, or other regulations of Major League Baseball, the National Football League, the National Basketball Association, the NCAA, or any other applicable sports league (each, a “League”), as promulgated by the applicable League from time to time;
8) on a single screen/view/page use the Dynasty Owner application to compile and present complete box scores, complete statistics for all players in the League, all players on any League team (unless all such players are also on a user’s fantasy team) or all players in a fantasy league, or
9) use the Dynasty Owner application in a product or service that competes with products or services offered by FOM.
II. Ownership and Relationship of Parties
FOM may elect to provide you with support or modifications for the Dynasty Owner application (collectively, “Support”), in its sole discretion, and may terminate such Support at any time without notice to you. FOM may change, suspend, or discontinue any aspect of the Dynasty Owner application at any time, including the availability of any Dynasty Owner application. FOM may also impose limits on certain features and services or restrict your access to parts or all of the Dynasty Owner application or the FOM web site without notice or liability. Please register your application for priority notification of status alerts.
IV. Fees and Payments
FOM reserves the right to charge additional fees for future use of or access to the Dynasty Owner application in FOM’s sole discretion. If FOM decides to charge additional fees for the Dynasty Owner application, such charges will be disclosed to you prior to their effect. FOM also reserves the right to include advertising in or associated with Dynasty Owner application.
- Refund Policy
All payments are final. No refunds will be issued. 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 name the account was registered. All disputes regarding fees and refunds are subject to dispute resolution and arbitration set forth in Sections XIV AND XV.
V. Accuracy of Information
ALL STATISTICS AND OTHER INFORMATION PROVIDED THROUGH THE DYNASTY OWNER APPLICATION ARE UNOFFICIAL. The Dynasty Owner application, and its respective components are offered for informational and/or entertainment purposes only. While FOM and any third parties used to provide the Dynasty Owner application services (the “Third Party Providers”) use reasonable efforts to include accurate and up-to-date information, neither FOM nor its Third-Party Providers warrant or make any representations of any kind with respect to the information provided to you through the Dynasty Owner application. FOM and its Third-Party Providers shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Dynasty Owner application, and shall not be responsible or liable for any error or omissions in that information.
VI. Entertainment Purposes Only
Dynasty Owner is for entertainment purposes only and may not be used in connection with any form of gambling, “Fantasy Contest” as defined in Ohio Revised Code Sec. 3774.01 or any similar law, or wagering.
VII. Disclaimer of Any Warranty
THE DYNASTY OWNER APPLICATION IS EXPERIMENTAL AND HAS NOT BEEN TESTED IN ANY MANNER. FOM DOES NOT REPRESENT OR WARRANT THAT THE DYNASTY OWNER APPLICATION IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE DYNASTY OWNER APPLICATION IS PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND FOM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.
YOUR USE OF THE DYNASTY OWNER APPLICATION IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE DYNASTY OWNER APPLICATION INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
VIII. Limitation of Liability
FOM SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE DYNASTY OWNER APPLICATION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT FOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL FOM BE LIABLE TO YOU FOR ANY AMOUNT.
IX. Exclusions and Limitations
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 OF SECTIONS V AND VI MAY NOT APPLY TO YOU.
X. Release and Waiver
To the maximum extent permitted by applicable law, you hereby release and waive all claims against FOM, and its parent companies, subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the Dynasty Owner application. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
XI. Hold Harmless and Indemnity
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify FOM and its parent companies, subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of the Dynasty Owner application, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. FOM shall use good faith efforts to provide you with written notice of such claim, suit or action.
XII. Collection of Personal Information
XIII. FOM’s Reservation of Rights
BY ACCESSING AND USING THE DYNASTY OWNER APPLICATION, EACH REGISTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH DYNASTY OWNER, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH BELOW, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED (IF ANY) AND ATTORNEYS’ FEES WILL NOT BE AWARDED OR RECOVERABLE IN ARBITRATION UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND REGISTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES (OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) REGISTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY), AND REGISTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY REGISTRANT.
XV. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
A. Initial Dispute Resolution
FOM’s customer care team is available via the web to address any concerns you may have regarding the Dynasty Owner application. Our customer care team is able to resolve most concerns quickly to the registrants’ satisfaction. The parties shall use their best efforts through this customer care 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.
B. Binding Arbitration
The rules governing the arbitration may be accessed at www.adr.org or by calling AAA at 1- 800-778-7879. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, 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.
Arbitration will take place in Summit County, Ohio.
D. Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND FOM 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.
E. Exception – Litigation of Intellectual Property and Small Claims Court Claims
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.
F. 30-Day Right to Opt Out
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 the following address: _FOM, 30-Day Right to Opt Out, Dynasty Owner, 4816 Brecksville Road, Floor 2, Unit, Richfield, Ohio 44286. The notice must be sent within 30 days of your first use of the Dynasty Owner application otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, FOM also will not be bound by them.
G. Changes to this Section
FOM will provide 60-days’ notice of any changes to this section to the email address registered on the Dynasty Owner application. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day. For any dispute not subject to arbitration you and FOM agree to submit to the personal and exclusive jurisdiction of and venue in the state courts located in Summit County, Ohio and the Federal Courts located in the Northern District of Ohio. You further agree to accept service of process by regular U.S. mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
XVI. General Terms