Important Notice No.1: except for California residents, this agreement is subject to binding arbitration and a waiver of class action rights as detailed in Section 16. 1. Acceptance of Terms
1.1. Fantasy Invest, Inc. (hereinafter referred to as "Fantasy Invest", "We", "Us") provides an online game of skill website located at https://stockbattle.io/
(hereinafter referred to as the "Site"), which include all of the text, images, audio, code and other material they contain or provide (hereinafter collectively referred to as the "Content"), and all of the features, contests and other services they provide.
1.2. The Site and any other features, tools, materials, or other services (including co-branded or affiliated services) offered from time to time by Fantasy Invest with regards to the game specified in Clause 1.1 of the Terms are referred to here as the "Service".
1.4. It is presumed that by using or otherwise accessing the Service, or clicking to accept or agree to these Terms where that option is made available, you:
1.4.4. Accept and agree to any additional terms, rules and conditions of participation in particular contests issued by Fantasy Invest from time to time.
1.5. Fantasy Invest may issue additional terms, rules and conditions of participation in particular contests. For example, Fantasy Invest may issue conditions as required by various state rules and regulations, which may impact your experience or participation in the Service. You agree to be subject to those additional rules if you participate in such contests.
2.2. The recent version of the Terms is always available on the Site.
2.3. You are responsible for reviewing and becoming familiar with any modifications as specified in Clause 2.1 herein.
3.1. 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 to abide by and comply with these Terms.
3.2. By depositing money or entering a contest, you are representing and warranting that:
3.2.1. You are 18 years of age or older (depends on the applicable legislation).
3.2.2. You are a citizen or resident of the United States of America or other country. If you are physically located in Arizona, Hawaii, Idaho, Louisiana, Montana, Nevada or Washington, as well as the Indian States Assam, Orissa, Andhra Pradesh, Telingana, Nagaland, Karnataka you cannot deposit or play for real money.
3.2.3. You have an address elsewhere which can be verified.
3.2.4. At the time of deposit or contest entry you are physically located in the United States of America in a jurisdiction in which participation in the contest is not prohibited by applicable law. Please kindly consider Clause 3.2.2 hereof in order to comply with these Terms.
3.2.5. You are not listed on any U.S. Government list of prohibited or restricted parties.
3.2.6. You are not restricted from using the Service, the Content, or the Site by any court or governmental decision.
3.2.7. You will abide at all times by these Terms and any other agreements between you and Fantasy Invest regarding your use of the Service or participation in contests.
3.2.8. When depositing funds or entering a paid contest, you are not physically located in any of the following states: Arizona, Hawaii, Idaho, Louisiana, Montana, Nevada or Washington, the Russian Federation, Indonesia, Malaysia, Philippines, as well as the Indian States Assam, Orissa, Andhra Pradesh, Telingana, Nagaland, Karnataka, where you cannot deposit or play for real money.
3.2.9. You are not subject to backup withholding tax because:
126.96.36.199. You are exempt from backup withholding.
188.8.131.52. 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.
184.108.40.206. The IRS has notified you that you are no longer subject to backup withholding.
3.2.10. When entering any contest that awards prizes, you are not an employee or operator of another daily fantasy site that charges entry fees or offers cash prizes.
3.2.11. You do not, by virtue of affiliation with another daily fantasy site, have access to the site's pre-release non-public confidential data about contest-related information.
3.3. If we notice that you do not meet the eligibility requirements of this Section, then you are not authorized to use the Service.
3.4. Fantasy Invest makes no representation that participation in paid entry online games of skill is lawful under Texas State law.
3.5. Fantasy Invest may require you to provide proof that you are eligible to participate according to this Section prior to receiving a prize. This includes by requesting that you fill out an affidavit of eligibility or other verification information (as discussed in Section 4 below).
3.6. If Fantasy Invest otherwise determines that you do not meet the eligibility requirements of this Section, in addition to any rights that Fantasy Invest may have in law or equity, Fantasy Invest reserves the right to terminate your account, withhold or revoke the awarding of any prizes associated with your account or limit your ability to withdraw. In such a situation, Fantasy Invest may 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 Fantasy Invest in its sole discretion.
3.7. Fantasy Invest also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts.
3.8. Fantasy Invest employees may use the Service for the purpose of testing the user experience, but may not withdraw money or prizes except when playing in a private room with other employees and/or persons specified in Clause 3.9 below.
3.9. Relatives and/or partners of Fantasy Invest employees with whom they share a household are not eligible to participate in paid contests unless they are private contests with other Fantasy Invest employees or household members.
3.10. Fantasy Invest consultants or promoters of the Service may play in contests without such limitation, but only if:
3.10.1. Their arrangement with Fantasy Invest does not permit them to have any access to non-public Service data or any other data not made available to all users on the Service, and
3.10.2. They do not receive any other advantages in their use of the Service.
3.11. Employees or operators of other similar services that charge entry fees or offer cash prizes, and individuals who, by virtue of affiliation with another similar service, have access to the site's pre-release non-public confidential data about contest-related information may not enter any contests in which a real money prize is awarded. If such person enters a Fantasy Invest contest that awards prizes, Fantasy Invest will disqualify the entry, will not award a prize, and may report such person's violation of this provision to the similar service for which the entrant is employed by, operates or affiliated with. Additionally, Fantasy Invest may maintain information about the entrant sufficient to assist Fantasy Invest in blocking the user from entering future Fantasy Invest contests, unless and until Fantasy Invest determines, in its sole discretion, that the entrant is no longer an employee or operator of another daily fantasy site or no longer has access to pre-release non-public confidential data about contest-related information by virtue of affiliation with a daily fantasy site.
3.12. Those individuals who through an ownership interest or contest-related employment can influence the contest results are ineligible. 4. Conditions of Participation
4.1.1. In order to participate in a contest on the Service, you must register an account. By registering as a user of the Service, you agree to provide accurate, valid and complete information about yourself as prompted (hereinafter referred to as the "Registration Data") and maintain and promptly update the Registration Data to keep it accurate, valid and complete. If you provide any information that is inaccurate, invalid or incomplete, or Fantasy Invest has reasonable grounds to suspect that such information is inaccurate, invalid or incomplete, Fantasy Invest may deny your access to parts of the Service requiring registration, or terminate your account, at its sole discretion.
4.1.2. You may establish, maintain, use and control only one account on the Service. Each account on the Service may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not "co-own" accounts on the Service. In the event Fantasy Invest determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that Fantasy Invest may have, Fantasy Invest reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.
4.1.3. You agree that the sole and specific purpose of creating an account on Fantasy Invest is to participate in online games of skill on the Service. Fantasy Invest shall be entitled to suspend, limit or terminate your account if we determine, in our sole discretion, that you are depositing funds without the intention of using them in contests on the Service. In such circumstances, we may also report such activity to relevant authorities.
4.2. Account Password and Security
4.2.1. At the time of registration for online account access, you must provide a valid e-mail address and create a username (hereinafter referred to as the "Username") and password (hereinafter referred to as the "Password") to be used in conjunction with your account. You must not use a Username that promotes a commercial venture or a Username that Fantasy Invest in its sole discretion deems offensive. You are responsible for maintaining the confidentiality of 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 Fantasy Invest of any unauthorized use of your Username and Password or account or any other breach of security;
(d) use only your own Username and Password to access the Service.
Fantasy Invest cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
4.2.2. You acknowledge and agree that Fantasy Invest is authorized to act on instructions received through the use of your Username and Password, and that Fantasy Invest 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.
4.2.3. Fantasy Invest may require you to change your Username or may unilaterally change your Username.
4.3. Communications and Information Practices
4.3.1. As a result of your registration for the Service, you may receive certain messages from Fantasy Invest. 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 e-mail to firstname.lastname@example.org. Following such an opt-out, we may still communicate with you via e-mail to the extent permitted by applicable law.
4.4. Disqualification and Cancellation
4.4.1. Fantasy Invest also reserves the right to cancel contests, in our sole discretion, without any restrictions.
4.4.2. Fantasy Invest, in its sole discretion, may disqualify you from a contest or the entire Service, refuse to award points, and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct Fantasy Invest deems, in its sole discretion, to be improper, unfair, fraudulent 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, including payment information, required to use the Service or claim a prize; violating eligible payment method terms, including the terms of any cash rewards payment card, violating any of these rules, accumulating points or prizes through unauthorized methods such as unauthorized 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 Fantasy Invest from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.
4.4.3. If for any reason the Service is not running as originally planned (e.g., if the Site 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 Fantasy Invest corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Fantasy Invest 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 other eligible entries received. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Site.
4.4.4. The failure of Fantasy Invest 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 Fantasy Invest (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of the Terms.
4.5. Deposits and Withdrawals Generally
4.5.1. By depositing funds or entering paid contests, you agree to provide us with a valid mailing address, date of birth and social security number and any other information we may require in order to run appropriate identity checks and comply with applicable rules and regulations. If necessary, you may be required to provide appropriate documentation that allows us to verify you. While your account is pending verification, you may be able to deposit funds into your account and participate in contests, but you will not be able to withdraw any funds from your account until verification is complete. If we are unable to verify you, we reserve the right to suspend your account and withhold any funds until such time as we have been able to successfully verify you.
4.5.2. We also may conduct checks for compliance issues, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. Subject to such checks, you may close your account and withdraw your deposits and/or winnings at any time and for any reason.
4.5.3. Deposits, and user winnings after contests are finished, are held in wallets of Fantasy Invest at the Stripe platform. Fantasy Invest may not use them to cover its operating expenses or for other purposes except those which connected with Fantasy Invest's charges. Your withdrawals will be made from these wallets.
4.5.4. Fantasy Invest may limit the amount a user can deposit into his or her account in accordance with state-imposed deposit limits.
4.5.5. Fantasy Invest may provide you with some bonuses to your deposit in accordance with the Rules. You can use these funds only through participation in a contest and are not allowed to withdraw them for any reason.
4.6.1. Each year all winners who have won $600 or more over the previous year must provide updated address and social security details to Fantasy Invest. These details will be used to allow Fantasy Invest to comply with tax regulations and may be shared with appropriate tax authorities. You, not Fantasy Invest, are responsible for filing and paying applicable state and federal taxes on any winnings. Fantasy Invest does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.
4.7.1. By entering a contest, you consent to Fantasy Invest, its service providers' and business partners' use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other Fantasy Invest contests and Fantasy Invest generally, unless otherwise is prohibited by law. Fantasy Invest 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 Fantasy Invest 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 Fantasy Invest or other contests or games operated by Fantasy Invest. 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. 5. Contest Rules Generally
5.1. The game specified in Clause 1.1 above is a game of skill:
- the outcome is determined by mental skill of a user, rather than chance:
- the contest encourage the user to look at, understand and experience things, such as stock market;
- user's abilities to influence the contest can be learned and developed on the basis of reading special literature, analyzing the stock market, professional consultations, etc.;
- strategic and tactical thinking is involved;
- users compete among themselves, the operator of the contest just provides the platform for that competition with fair and transparent rules;
- off-site scripts are banned;
- an entry fee is paid unconditionally and prizes are guaranteed, fixed and determined in advance;
- the contest has fixed time frames with reference to the stock market schedule (NASDAQ) or the relevant crypto currency exchange schedule;
- all users by default have unlimited access to public data related to the contest targets;
- all users have just the same time to prepare for each contest, no user gets time preferences in making decisions before the game start;
- each user is allowed to have just one account at the contest;
- a degree of chance and guessing is involved due to natural aspects of the stock market environment and incomplete information.
5.2. Each Fantasy Invest contest has an entry fee listed in US dollars. When you opt to participate in a contest, that amount in US dollars will be debited from your account. Then, follow the links and instructions provided for 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 Fantasy Invest's opinion sufficiently uncertain, the name in which the e-mail address on file was registered with the e-mail service provider. Fantasy Invest reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.
5.3. Users or Fantasy Invest itself cannot cancel entries prior to contest start. Please make sure you are ready to take part in the contest before you make any entry.
5.4. Fantasy Invest offers contests for the stock market trading (NASDAQ) or the relevant crypto currency exchange taking place on different periods (e.g., daily, weekly, etc.) depending on its sole discretion.
5.5. After each contest ends, the winners are announced but may be subject to final verification. Full information on points calculation and prizes distribution is available at the Rules.
5.6. 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, Fantasy Invest 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 Fantasy Invest contests, Fantasy Invest is the sole judge and its actions are final and binding.
5.7. Winners are generally posted on the Site after the conclusion of each contest not later than 11 a.m. on the following day. Winners may be requested to return via e-mail or regular mail 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. In addition, a list of winners and winner's names for each competition period may be obtained by writing to: 111 PIER AVE STE 100 HERMOSA BEACH, CA 90254, FANTASY INVEST. 6. Conduct
6.1. As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by the Terms, or any other purpose not reasonably intended by Fantasy Invest. By way of example, and not as a limitation, you agree not to:
- abuse, harass, impersonate, intimidate or threaten other Fantasy Invest users;
- post or transmit, or cause to be posted or transmitted, any content that are 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 password, account, or private information from any Fantasy Invest user;
- create or submit unwanted e-mail ("Spam") to any other Fantasy Invest users;
- infringe upon the intellectual property rights of Fantasy Invest, its users, or any third party;
- submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
- post, e-mail, 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;
- (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 Fantasy Invest leader boards and community;
- use unauthorized scripts; all authorized scripts will be made available through the Service prior to contest entry;
- 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 users without their prior explicit consent;
- sell or otherwise transfer your profile;
- attempt to influence the contest in company from which stocks are available for selection in Fantasy Invest contests on Fantasy Invest in which you are involved or in which you have a direct or indirect interest.
- enter into contests, by any means including multi-accounting, for which you are ineligible (e.g., beginner contests when you are not a beginner).
6.3. You understand that all content made available on the Service by a user (hereinafter referred to as "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 Fantasy Invest, 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 Fantasy Invest be liable in any way for any User Content.
6.4. You acknowledge that Fantasy Invest may or may not pre-screen User Content, but that Fantasy Invest 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, Fantasy Invest and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Fantasy Invest'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.
6.5. With respect to User Content you submit or otherwise make available on or to the Service, you grant Fantasy Invest 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.
6.6. You are solely responsible for your interactions with other users of the Service. Fantasy Invest reserves the right, but has no obligation, to monitor disputes between you and other users. 7. Indemnity
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 Fantasy Invest 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 Fantasy Invest 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. Fantasy Invest makes no representations concerning any Content contained in or accessed through the Service, and Fantasy Invest will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service. Fantasy Invest makes no representation that participation in paid entry online games of skill is lawful under Texas state law. 9. Limitation on Liability
9.1. 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 Fantasy Invest 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 Fantasy Invest 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, Fantasy Invest'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 Fantasy Invest 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.
9.2. 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. 10. Our Proprietary Rights
All title, ownership and intellectual property rights in and to the Service are owned by Fantasy Invest 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 Fantasy Invest, 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. 11. Links
The Service provides, or third parties may provide, links to other World Wide Web sites, applications or resources. Because Fantasy Invest has no control over such sites, applications and resources, you acknowledge and agree that Fantasy Invest is not responsible for the availability of such external sites, applications 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 Fantasy Invest 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. 12. Termination and Suspension
12.1. Fantasy Invest may terminate or suspend all or part of the Service and your Fantasy Invest account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your Fantasy Invest account, you may contact us with a note to say you wish to terminate your account.
12.2. The following provisions of the Terms survive any termination of these Terms: Conditions of Participation; Contest Rules; Conduct; Indemnity; Warranty Disclaimers; Limitation On Liability; Our Proprietary Rights; Links; Termination; No Third Party Beneficiaries; Binding Arbitration and Class Action Waiver; General Information.
12.3. 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 Fantasy Invest regarding restoration of your account only via email@example.com. 13. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms. 14. Notice and Procedure for Making Claims of Copyright Infringement
Fantasy Invest 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 Fantasy Invest a written notice containing the following information:
15. Binding Arbitration and Class Action Waiver
- 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.
15.1. Please read this Section carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court. This Section does not apply to California residents. For information regarding how California residents may bring claims, please see Section 16 below.
15.2. Our Customer Service Department is available by/via firstname.lastname@example.org
. Our Customer Service Department is able to resolve most concerns quickly to our users' satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
15.2. If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under Clause 15.2 above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to the Terms (including their formation, performance and breach), the parties' relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the "AAA"), excluding any rules or procedures governing or permitting class actions.
15.3. 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 the Terms, including, but not limited to any claim that all or any part of the 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.
15.4. If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you.
15.5. 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 Fantasy Invest 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.
15.6. 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.
15.7. 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: 111 PIER AVE STE 100 HERMOSA BEACH, CA 90254, FANTASY INVEST. 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, Fantasy Invest also will not be bound by them.
15.8. Fantasy Invest will provide 60-days' notice of any changes to this Section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
15.9. For any dispute not subject to arbitration you and Fantasy Invest agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in the State of Delaware. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
15.10. The Terms and the relationship between you and Fantasy Invest shall be governed by the laws of the State of Delaware without regard to conflict of law provisions. 16. CLAIMS BY CALIFORNIA RESIDENTS
This Section only applies to California residents. You furthermore agree as follows:
17. General Information
- Effective for all claims filed after April 27, 2020, Fantasy Invest and you agree that each party may only bring claims under this agreement in a small claims court in the State of California or in the State of Delaware and for any dispute not within the jurisdiction of a small claims court in California or in the State of Delaware, you and Fantasy Invest agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in the State of Delaware. 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 Fantasy Invest shall be governed by the laws of the State of Delaware without regard to conflict of law provisions.
- Fantasy Invest's Customer Service Department is available by email@example.com e-mail or via the web to address any individual concerns you may have regarding the Service. Our Customer Service Department is able to resolve most concerns quickly to our users' satisfaction. You and Fantasy Invest agree to use best efforts through this Customer Service process to settle any individual dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either you or Fantasy Invest initiating a lawsuit. To initiate this process, send a written description of your individual dispute to firstname.lastname@example.org.
17.1. Entire Agreement
17.1.1. The Terms (and any additional terms, rules and conditions of participation in particular contests that Fantasy Invest may post on the Service) constitute the entire agreement between you and Fantasy Invest with respect to the Service and supersedes any prior agreements, oral or written, between you and Fantasy Invest. 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.
17.2. Waiver and Severability of the Terms
17.2.1. The failure of Fantasy Invest 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.
17.3. Statute of Limitations
17.3.1. 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 1 (one) year after such claim or cause of action arose or be forever barred.
17.4. Section Titles
17.4.1. The section titles in the Terms are for convenience only and have no legal or contractual effect.
17.5.1. Users with questions, complaints or claims with respect to the Service may contact us using the relevant contact information set forth above and in Clause 17.5.2 below.
17.5.2. Contact details:
Postal address: 111 PIER AVE STE 100 HERMOSA BEACH, CA 90254, FANTASY INVEST
+1 213 409 6787
Thank you for using the Service!