10 Jul Terms Of Service
DailyRotoHelp Terms of Service
Terms and Conditions
- Acceptance of Terms
DailyRotoHelp.com (“DailyRotoHelp,” “we” or “us”) provides its “Service” (as defined herein) to you (also “User”), subject to the following Terms of Service (“TOS”), which may be updated by us from time to time at our sole discretion without notice to you. Please read the TOS completely before using our web site and internet forums. We recommend that you refer to the TOS from time to time to help make sure you are aware of changes to this TOS. The TOS can be viewed at any time at: http://dailyrotohelp.com/pages/terms. Your use of the Service is conditional upon your acceptance of all terms and conditions contained within the TOS as it exists at the time of use, and your use of the website constitutes acceptance of those terms.
- Description of Service
DailyRotoHelp currently provides Users with an interactive community, in which Users can discuss, among other things, daily fantasy sports. Through DailyRotoHelp, users are able to become subscribers, browse content, rankings, lineups and promotions, engage in various discussions and contribute to the DailyRotoHelp online community. DailyRotoHelp also provides access to numerous online resources, including various communication tools, forums, articles, reviews, guides, hyperlinks, personalized content and branded programming through its network of affiliates (collectively, the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new DailyRotoHelp affiliates, software, or content, shall be subject to the TOS. You understand and agree that DailyRotoHelp assumes no responsibility for the timeliness, deletion, delivery or failure to store any User communication or personalized settings. In addition, DailyRotoHelp holds the rights to modify, discontinue, or suspend any aspect of the Service at any time. DailyRotoHelp may also choose, without notice or liability, to limit or restrict access to portions or all of its features or any other aspect of the Service. You are responsible for obtaining access to the Service and all associated connection fees to the Internet or other Web connection (such as Internet service provider or airtime charges) as well as all equipment necessary to make such connection to the Service. You agree that you may not resell, lease, license, assign, or redistribute the Service, in whole or in part, to any third party.
Please note that the Service is strictly for entertainment and informational purposes. The Service is not to be used for or in conjunction with any illegal activities. You agree that DailyRotoHelp and its parents, subsidiaries, affiliates, employees, agents, representatives, and assigns will not be liable or responsible for any User activity that may violate any law of the User’s jurisdiction. We do not represent or warrant that actions you take with regard to your account and related activities on the Service will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you within your jurisdiction and to act lawfully at all times when using the Service.
- Service Content: Information and Features
The Service contains information, advice, text, materials, podcasts, optimal lineups, rankings and services (collectively, the “Content”) that are provided for your convenience and entertainment. Third parties also provide some of the Content. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Content may be subject to terms and conditions of third parties not directly under the control of DailyRotoHelp. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing.
The Service contains proprietary information, statistics, and projections both original and from other third-party sources. Users of the Service may not engage in unauthorized spidering, “scraping”, data mining or harvesting of Content, or use any other unauthorized automated means to gather data from or about the Service.
Third party advertisers may offer goods, services and other materials to you on the Service. Your correspondence and business dealings with advertisers found on or through the Service including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that DailyRotoHelp will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services, and other Content on the Service. Descriptions of, or references to, products or publications within the Service do not imply endorsement of that product or publication.
- User Registration Obligations
Registration is required for the access and use of certain portions of the Service. Those portions of the Service that require registration are so indicated. Optimal Lineups is a premium service, available to our users through DailyRotoHelp and Tinypass through the links provided on the DailyRotoHelp web page and making a deposit. The rates and charges (including monthly charges) imposed by us for use of the optimal lineups service are set at our discretion and subject to change. From time to time, DailyRotoHelp may offer free access to the optimal lineups. However, we reserve the right to notify you that we are ending your free access and further use of the optimal lineups program will require payment. In consideration of your registration, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also hereby agree to provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration page. If at any time you provide us with any information about yourself that is untrue, inaccurate, not current or incomplete (or we have reasonable grounds to believe you have done so), we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. Any subscriber caught selling or giving out our optimal lineups, can and will have their accounts blocked with no refund given. It is noted on the Tinypass screen while purchasing the optimal lineups.
- User Account, Password and Security
During completion of the Service’s registration process, you will select an email account and password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify DailyRotoHelp of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. DailyRotoHelp cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
- User Content and Conduct
DailyRotoHelp cannot ensure the security of any information you post on publicly available areas of the Service. Under no circumstances will we be liable in any way for any of Your Content including, but not limited to, any errors or omissions in Your Content, or for any loss or damage of any kind incurred as a result of the use of any of Your Content made available via the Service.
You acknowledge that DailyRotoHelp does not pre-screen Your Content, and that we have the right, but not the obligation, in our sole discretion to modify, transmit over various networks, refuse, remove, or move any of Your Content that is available on the Service. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Content.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by DailyRotoHelp and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
By accepting the TOS, you agree that DailyRotoHelp may remove or suspend your access and registration to the Service for any misuse described above or otherwise deemed by DailyRotoHelp, in its sole discretion, to potentially endanger the Service, other users, or the Service’s ability to operate effectively.
- Disclaimer of Service of Resale
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including User Security information), use of the Service, or access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because DailyRotoHelp has no control over such sites and resources, you acknowledge and agree that DailyRotoHelp 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 DailyRotoHelp 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.
Notwithstanding anything to the contrary contained in this TOS, we reserve the right to deny permission to link to the Service from any website for any reason in our sole and absolute discretion.
You agree that DailyRotoHelp may, under certain circumstances and without prior notice, immediately terminate your User account, profile, any associated email address, and access to the Service. Cause for such termination shall include, but is not limited to: breaches or violations of the TOS or other incorporated agreements or guidelines; requests by law enforcement or other government agencies; a direct request by the User; discontinuance or material modification to the Service, or any part thereof; unexpected technical or security issues or problems; and, extended periods of inactivity. Absent a request from the User, DailyRotoHelp does not intend to terminate User accounts without good cause; however, you agree that any unilateral termination of the account by DailyRotoHelp is ultimately a decision vested in DailyRotoHelp’s sole discretion. DailyRotoHelp shall not be liable to you or any third party for any termination of your account and associated loss of access to the email address, and access to the Service.
- Disclaimer of Warranties
THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, RANKINGS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICE, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DAILYROTOHELP AND ITS OFFICERS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT:
- THE CONTENT ON AND PROVIDED THROUGH THE SERVICE;
- THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE;
- THE MATERIALS, MESSAGES AND INFORMATION SENT FROM THE SERVICE BY USERS;
- ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR
- ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE OR ANY LINKED SITE. DAILYROTOHELP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DAILYROTOHELP DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. FURTHER, DAILYROTOHELP AND ITS SUBSIDIARIES AND AFFILIATES, WHERE PERMITTED BY APPLICABLE BY LAW, DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
DAILYROTOHELP AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
- Limitation of Liability
EXCEPT AS WHERE LIMITED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL DAILYROTOHELP BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE, EVEN IF FORESEEABLE OR IF DAILYROTOHELP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, DAILYROTOHELP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION MAY NOT EXCEED ONE HUNDRED DOLLARS ($100).
You agree to defend, indemnify, and hold harmless DailyRotoHelp and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees from any claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs, and expenses, including attorney’s fees out of or in connection with this TOS agreement, including, without limitation, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
- Copyrights & Trademarks
The Service is protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws. The content contained on the Service is protected by copyright and is owned or controlled by DailyRotoHelp or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Service. Copying or storing any part of the Service is expressly prohibited without prior written permission from DailyRotoHelp or the copyright holder as identified on the Service.
DailyRotoHelp and other service marks, trademarks and logos displayed on the Service are the property of DailyRotoHelp or its licensors. You agree not to display or use the DailyRotoHelp intellectual property in any manner, without express written consent from DailyRotoHelp.
Elements of the Service including, but not limited to, the “look and feel,” are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Service may be copied or retransmitted unless expressly permitted by DailyRotoHelp.
By agreeing to the TOS, you agree and understand that DailyRotoHelp may terminate use of the Service, as detailed in Section 11, of subscribers and account holders who infringe the rights of copyright holders.
- Governing Law; Jurisdiction and Venue
The TOS and the relationship between you and DailyRotoHelp shall be governed by the laws of the State of Iowa without regard to its conflict of law provisions. You irrevocably submit and consent to the exclusive jurisdiction and venue of the Iowa State courts in and for Polk County, Iowa, and the Federal courts in and for the Middle District of Iowa.
- Miscellaneous Information
This TOS contains the sole and entire agreement between the parties with respect to the use of the Service and supersedes any and all other prior written or oral agreements between them. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Captions contained in this TOS are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this TOS or the intent of any provision of this TOS. It is the intent of the parties that neither this TOS, nor any covenant in this TOS, shall be construed against either party pursuant to the common law rule of construction against the drafter. If any provision of this TOS shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this TOS. Users are not permitted to promote special interests, services or products within posts that do not follow this policy will be considered spam by DailyRotoHelp, subject to deletion, and the offending User may be penalized up to termination of the account, at our sole discretion. Most of all, enjoy the website, have fun, and remember to bring home that bacon!