THE FOLLOWING TERMS AND CONDITIONS (“Terms”) constitutes a legal binding agreement governing your use of the website – https://worldchampionfantasy.com/ (“Website”) – brought to you (“you” or “your”) by World Champion Fantasy, Inc. (“World Champion Fantasy” or “we” or “us” or “our”), and any content, material, features or functionality made available by or through this Website. World Champion Fantasy is a subscription based membership platform that allows members to partake in a number of offerings for the purpose of gamifying fantasy sports. World Champion Fantasy provides users a number of unique features relating to a member’s participation in fantasy sports contests, including, but not limited to: (i) in-game communication, such as chats, video-conferencing, direct messaging, and interactive GIFS (ii) personalized avatars and customized animations, (iii) in-game analytics that assist users in making informed decisions in order to capitalize on competitive edges, (iv) expert analysis, and (v) a live data feed, all provided for the purpose of enhancing the user experience as it relates to participating in various fantasy sports contests (the “Services”).
Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of any and all updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Website after the date such revised Terms are posted.
PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THE WEBISTE. BY USING, REGISTERING, AND/OR OTHERWISE ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE FOLLOWING TERMS.
BY REGISTERING AN ACOUNT AND/OR OTHERWISE ACCESSING THE WEBSITE, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THESE TERMS AND/OR YOUR USE OF THE WEBSITE AND SERVICES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED BELOW.
Acceptance of Terms. By creating an account and/or otherwise accessing the Website or using our Services, you explicitly agree to be bound by these Terms and the provisions contained herein. If you do not agree to these Terms, then you may not access the Website or use the Services.
Modification of Terms. From time to time, World Champion Fantasy may issue additional terms, rules or conditions, or modify these Terms as a prerequisite for you to use, or continue using, the Website and Services. This may be done, without specific notice to you, by posting said changes on the Website. You may be subsequently notified of any such changes, and it will be your sole responsibility to review and become familiar with any and all changes. At all times relevant, the most current version of these Terms will be posted on the Website. By continuing to access the Website and/or Services, you agree to be bound by any and all additional terms, rule or conditions, or any modification to these Terms.
Access to Services; Eligibility. By agreeing to these Terms, and so long as you remain in compliance with the Terms, we grant you access to use the Services. All features available through the Services will depend on your subscription plan. We may change features from time to time. If you have a paid account, we will provide the core features of your plan during the account service period.
World Champion Fantasy employees (“Employees”) and any domestic partner or relative of an Employee who resides at an Employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses (“Immediate Family Members”) are not permitted to play in any public contests or tournaments for prizes hosted on the Website; provided, however, Employees and Immediate Family Members are permitted to play in the following contests on the Website: sponsored Private Contests, Private Contests for cash, or Private Contests for prizes other than cash. A “Private Contest” is one that is not listed on the Website’s public domain, and is hosted by another participating Employee, relative, friend of the Employee, or Immediate Family Member.
Professional or amateur athletes, sports agents, coaches, team owners, team employees, referees or league officials, and their Immediate Family Members, are not eligible to participate in, and are strictly prohibited from entering, any contests or tournaments in the sport in which they are associated
Registering Your Account. You must first register and create an account to use certain Services and/or features offered through the Website. To create an account, you will be asked to provide certain information, which may involve: (1) registering a unique user name and password; (2) providing contact information, such as name, phone number, and email address; (3) payment and billing information; and (4) any other information we request on the account registration form. If you forget your password or username, you may visit the Website or email us for help. You remain fully liable for any actions taken with respect to your account, regardless of whether these actions were taken by you or an unauthorized third party that has gained access to your account. By making an account, you agree to receive notices from us at the email address provided with your account.
You may only sign up for one (1) account at a time. The use or creation of any additional accounts will result in suspension and/or termination of your use of the Services. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your password or account. We reserve the right to disable your account if, in our reasonable opinion, your account information has been compromised. You agree to (a) immediately notify World Champion Fantasy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Services. World Champion Fantasy will not be liable for any loss or damage arising from your failure to comply with this Section.
Age Restriction; Parental Guidance. The Website is intended for users who are at least 16 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. By using or attempting to use the Website, you warrant that you are of legal age and are in compliance with these Terms. If you do not meet these requirements, do not use any portion of the Services. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Website.
By granting your child permission to use the Services, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using the Services without your permission, please contact us immediately so that we can disable access.
Subscription Plans. We offer free memberships and paid subscriptions that allow you to interact with various features provided on the Website. Advertised prices and features may change. In no event may free members or paid subscribers use the Services for commercial purposes without World Champion Fantasy’s prior written consent. You must pay all fees (plus any taxes) during your subscription period and any renewal periods. Our fees may include a fixed monthly or annual fee plus variable fees for transactions or usage. We may offer free trial or discounted subscriptions. When a free trial period ends, your paid subscription begins (unless you have cancelled) and you must pay the full monthly or annual fee. If we provide a discount for the first subscription period, you must pay the discounted fee; in any renewal, you may be required to pay the full fee.
By purchasing a subscription (or anything else directly from World Champion Fantasy) you warrant and represent the following: (1) any and all credit card information submitted by you is complete, true, and accurate; (2) any and all charges incurred by you will be honored by your credit card company; and (3) any and all charges incurred by you will be paid by you at the posted price, including any applicable taxes.
Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew at the end of each subscription period unless cancelled beforehand. Monthly plans renew for additional 30-day periods. Annual plans renew for additional one-year periods. You must pay the annual or monthly fee (plus any taxes) when each renewal period starts. You may opt out of automatic renewal by changing your account settings. Any opt-out or notice of non-renewal will not affect the current subscription period.
When a subscription ends and is not automatically renewed, your account will revert to free account status. Any User Content (as later defined) in the account and/or additional features provided with the Services may be deleted and/or discontinued to comply with the limitations of your new account status. We will not be responsible for the loss of any content provided through the Services. You may not sell, resell, rent, lease, or distribute any plan or any other aspect of our Services to any third party unless authorized by us in writing.
If you cancel a subscription, you will continue to be permitted to view User Content until the end of the subscription period that you cancelled, after which no further payments will be taken from your payment card (unless you choose to pay for a new subscription), and you will no longer be able to view User Content and/or access Services provided to paid subscribers.
You agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party. We may change prices at any time. All payments are final and, except as otherwise approved by us or required by applicable law, no refunds will be issued. Any attempt to defraud through the use of credit cards or other methods of payment, failure to honor legitimate charges or requests for payment, or any other violation of these Terms will result in pursuit of civil litigation and/or criminal prosecution.
Free to Play Fantasy Sports Contests (PlayerX). All fantasy sports contests offered on the Website are free to play, as there is no entry fee required to participate ("Free to Play Contests"). If a non-subscription member wishes to participate in a Free to Play Contest, you may do so; provided, you will not receive access to the additional features offered via the Services. We may offer Free to Play Contests either with or without real money prizes, or other prizes of value (including promotional prizes). Prizes may vary depending on the contest. All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that any legal authority challenges the awarding of any prizes to winners of a contest, World Champion Fantasy reserves the right in its sole discretion to determine whether or not to award such prizes.
All contests offered on the Website are fantasy sports contests of skill. Winners are determined by the objective criteria described in the contest rules, scoring, and any other applicable documentation associated with the contest. From all entries received for each contest, the individual(s) who use their skill and knowledge of relevant sports information and fantasy sports rules to accumulate the most points according to the corresponding contest scoring rules will determine winners. Our Services (including, but not limited to, the contests) may not be used for any form of illicit gambling.
Contest results will be based solely on the data provided by our third party data providers. We will use best efforts to ensure that all results for contests are as accurate and correct as possible; provided, you acknowledge that results are dependent upon the veracity and accuracy of the information provided by the third party data provider, which is subject to human error and may not be 100% accurate. As such, we cannot guarantee the accuracy of the data used to allocate points scoring in all circumstances, nor do we accept liability for any loss or damage resulting from any such inaccuracies. We reserve the right to make corrections or amendments to the scoring or points allocated during a contest at any time before the prize in respect of that contest has been awarded.
We reserve the right to suspend and/or cancel a contest at any time. Prizes will only be awarded if a contest is run to completion. We reserve the right to withhold prizes and/or to cancel, suspend, and/or void any contest entry at our absolute discretion where: (i) there is a technological failure or other act beyond our reasonable control, including, but not limited to, an act of God, hurricane, war, fire, riot, earthquake, terrorism, an act of public enemies, actions of governmental authorities outside of our control, national emergency, pandemic, stoppage of athletic events, or other force majeure event; (ii) there is any issue with our third party data provider; (iii) we suspect a breach any of these Terms; (iv) the integrity of the contest has been called into question; or (v) collusion between players has, or is believed to have, taken place.
See each contest’s rules for more information. Each contest is governed by its own set of rules. We encourage you to read the rules prior to entry. Unless otherwise set forth in the rules for each contest, these Terms shall apply to all contests. Eligibility for entry into Free to Play Contests will be determined by us and can vary dependent upon the contest, prize, sport, competition and such other variables as may be determined by us from time to time. You must have an active account (free or subscription-based) in order to enter a contest.
User Content. We may allow you to upload, post, submit, or publish content such as videos, recordings, audio, images, data, music, photographs, graphics, messages, text, or other materials (collectively, "User Content"). You are solely responsible for all User Content that you upload, post, publish, display, or otherwise use on the Website. You may only upload User Content that you have the right to upload and share. As between you and World Champion Fantasy, you own and will retain ownership of all intellectual property rights in and to the User Content you submit. Copyright owners may send us a takedown notice in compliance with these Terms if they believe User Content constitutes infringing materials. You must ensure that User Content complies with these Terms. World Champion Fantasy may (but is not obligated to) monitor your account, User Content, and conduct, regardless of your privacy settings. World Champion Fantasy may take all appropriate actions to enforce its rights including removing specific videos or suspending or terminating your account.
By uploading, publishing, modifying, or displaying User Content on the Website, you automatically grant, and further warrant and represent that you have the right and/or necessary licenses to grant, World Champion Fantasy an irrevocable, worldwide, perpetual, non-exclusive, transferable, fully sub-licensable license to copy, distribute, reproduce, publicly perform or display, reformat, transmit, translate, create derivative works of, or incorporate into other works User Content for any purpose on or in connection with the Website, or the promotion thereof, without any notice or compensation to you or any other person. When you submit or post any User Content on or through our Services and you are the author of such User Content, you irrevocably and unconditionally waive all moral rights you may now or in the future have in any such User Content.
You acknowledge that all User Content is created, selected, and provided by the uploading party and not by World Champion Fantasy. We are not responsible for reviewing or moderating User Content, and we do not select or modify User Content that is stored or transmitted via World Champion Fantasy. We are under no obligation to monitor User Content or to detect breaches of the Terms. Please note that User Content displayed via our Services does not necessarily reflect our views, and we disclaim all responsibility for any such User Content and for any losses or expenses resulting from the use or appearance of User Content on our Website. We reserve the right to remove User Content at our sole discretion.
Because User Content is self-moderated, you understand that when using the Services, you might come across User Content that you find offensive or objectionable. If you do come across such content, please notify us. You understand that all User Content, whether publicly posted or privately transmitted when posting, sharing, displaying, sending or submitting material using our Services, is the sole responsibility of the person from whom it originated. This means that you, and not us, are entirely responsible for ensuring that all User Content is accurate, lawful, and does not include misleading information or infringe or violate anyone’s rights. We do not control User Content and, therefore, do not guarantee the accuracy, integrity, or quality of any User Content. You therefore agree that you will not hold us responsible or liable for any inaccuracies or for any errors or omissions in any User Content, or for any loss, injury or damages of any kind incurred as a result of the use of, or reliance upon, any User Content posted, emailed, transmitted, or otherwise made available via our Services.
User Content Restrictions In posting User Content, you acknowledge that you shall not do any of the following:
Intellectual Property Rights. You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by World Champion Fantasy, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of World Champion Fantasy, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. World Champion Fantasy reserves any rights not expressly granted herein.
The “World Champion Fantasy” and “PlayerX” name and logos are trademarks and service marks of World Champion Fantasy (collectively the “World Champion Fantasy Trademarks”). Other school, company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to World Champion Fantasy. Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of World Champion Fantasy Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of World Champion Fantasy Trademarks will inure to our exclusive benefit.
World Champion Fantasy grants you a limited, non-exclusive license to access the Website and use the Services on your computer, tablet, smart phone or other device for your personal and non-commercial use only. No part of any material, Service Content, or data may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You acknowledge and agree that this license does not grant you the ability to reproduce, distribute, assign, sublicense, sell, prepare derivative works, or conduct any other such activity related to the Service Content, material and data found on or through the Website, except as expressly provided by these Terms. World Champion Fantasy reserves all rights in and to the Website and Services not expressly granted to you under these Terms. You acknowledge and agree that your use of the Website does not grant you any ownership to any material, content, or data that you may access by or through your use of the Website.
Term and Termination. These Terms shall remain in full force and effect for the duration of your use of the Website or period during which you have an account with us, whichever is longer. Paid accounts will continue for the subscription period and will renew in accordance with these Terms. With respect to users who do not have a subscription plan, we may terminate this Agreement at any time by providing thirty (30) days’ written notice. You may terminate this Agreement at any time by deleting your account.
If you breach this Agreement, we may, at our option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account (free or paid); and/or (c) to the extent permitted by applicable law, retain any prizes payable to you. If we delete your account due to a violation of these Terms, you may not create a new account. In the event of any termination or expiration, the following sections will survive: (User Content), (Indemnification), (Disclaimer of Warranties), (Limitation of Liability), (Disputes Resolution; Arbitration), and (Miscellaneous).
Prohibited Conduct. As a condition of your use of the Services, you agree not to use the Website or the Services in a manner that is unlawful, prohibited by these Terms, or for any other purpose not reasonably intended or contemplated by World Champion Fantasy. Your use of the Website and/or Services in a manner not consistent with these Terms grants World Champion Fantasy, in its sole discretion, the right to limit or disable your access to the Website and/or Services. The following activities are expressly prohibited:
Third Party Websites and Services. From time to time, World Champion Fantasy may provide links to third party websites and/or advertisements, and/or third party websites may link to World Champion Fantasy (“Third Party Websites”) for the purpose of providing you services and/or products that may be beneficial to you. World Champion Fantasy is not responsible, nor does it have any control, over the information, content, accuracy, products, services, advertising, or other materials that may or may not be provided by or through Third Party Websites. Linking to, or being linked from, Third Party Websites does not constitute, nor should it be construed to imply, World Champion Fantasy’s approval or endorsement of any Third Party Website. World Champion Fantasy cannot and will not guarantee the standards of any Third Party Website to which links are provided, nor shall World Champion Fantasy be held responsible for the materials and content on such websites, or any subsequent links. Any reliance on or use of the materials or content found on or by way of Third Party Websites is done solely at your own risk, and you assume all responsibilities and consequences resulting from such reliance.
In addition, World Champion Fantasy is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with any Social Networking Services. As such, World Champion Fantasy is not liable for any damage or loss caused or allegedly caused by or in connection with use of or reliance on any such Social Networking Services. World Champion Fantasy enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnification. You agree to release, indemnify, defend and hold harmless World Champion Fantasy and its parents, subsidiaries, lawyers, affiliates, and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including reasonable attorney’s fees and costs), claims, or actions of any kind whatsoever that may arise out of or result from your use of the Website and/or Services, your violation of these Terms, and any of your acts or omissions that may implicate a violation or infringement of a third party’s proprietary or intellectual property rights. World Champion Fantasy reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to fully cooperate with World Champion Fantasy in the defense of such matter.
If you are a California resident, you waive California Civil Code Section 1542, which says: “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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Digital Millennium Copyright Act. World Champion Fantasy utilizes best efforts to comply with the Digital Millennium Copyright Act (DMCA). As a result, we reserve the right remove any material (including, but not limited to, User Content) that is or may be infringing upon any third party’s rights at any time, without prior notice to you. World Champion Fantasy also reserves the right to terminate your account and/or access to the Website, at any time without prior notice to you, for repeat violations. By using and/or uploading any material (including, but not limited to, User Content) to the Website, you warrant and represent that such content does not infringe upon the intellectual property rights of a third party, including, but not limited to, any such rights pursuant to registered or unregistered copyrights, trademarks, patents, trade secrets, or any other proprietary information, whether it be at common law, by statute or under the terms of DMCA, as amended.
If you believe that your work has been copied on or through the Website in a way that may constitutes copyright infringement, you may submit a notification to our designated Copyright Agent containing the following information:
Pursuant to the DMCA, World Champion Fantasy may reinstate material if we receive a counter notification from the provider of the removed material. If you are the provider of the removed material, you may submit a counter notification that must include the following:
FOR DMCA NOTIFICATIONS AND COUNTER NOTIFICATIONS ONLY: Copyright Agent: [CONTACT INFORMATION]
Right to Monitor. We reserve the right to suspend access to any User Content posted on the Website if we become aware that such User Content may not comply with these Terms and/or any applicable law while we investigate the suspected non-compliance or unlawfulness of such User Content. If we suspend access to any User Content, the uploading party may request a review of our decision to suspend access to the User Content by contacting us as [CONTACT EMAIL]. Following our investigation of the suspected non-compliance or unlawfulness of the User Content, we may take any action we consider appropriate, including reinstating access to User Content or permanently removing or disabling access to the User Content without needing to obtain any consent from the uploading party and without giving any prior notice. The uploading party agrees to, at their own cost, promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to User Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of User Content under this section.
World Champion Fantasy reserves the right, at all times, to disclose any information as necessary to satisfy any law, regulation or government order, or to edit, refuse to post, or remove any information or materials, in whole or in part, that World Champion Fantasy finds, in its sole discretion, to be objectionable or a violation of these Terms, our policies, or applicable law. We also reserve the right to impose limitations on your use of the Services without notice or penalty if we believe that, in our sole discretion, you are in breach of any of the guidelines set forth in these Terms, our policies, or applicable law
If we suspend access to or delete any of User Content, we will notify the uploading party via email or electronic message to your account, but we are not obligated to give you prior notice of such removal or suspension. Please note that you, and you alone, will be liable for any damages (including attorney’s fees and costs) resulting from your uploading and/or posting of any User Content.
Disclaimer of Warranties. ALL SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE BASIS.” YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. THE WEBSITE AND, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FEATURES, MATERIALS AND FUNCTIONS PROVIDED BY OR THROUGH THE WEBSITE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, UPTIME OR UNINTERRUPTED ACCESS; ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, DISPLAYABILITY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION; AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTCULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE, SERVICE, OR ANY CONTENT, FUNCTIONS OR MATERIALS PROVIDED BY OR THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT ANY SUCH DEFECT WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE, OR THE PROVIDED SERVICES WILL MEET YOUR EXPRESS OR IMPLIED REQUIREMENTS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE AND OUR AFFILIATES ASSUME NO RESPONSIBILITY, AND SHALL NOT BE HELD LIABLE, FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS, USE, OR BROWSING OF THE WEBSITE, OR ANY DOWNLOADING OF MATERIALS, CONTENT, TEXT, IMAGES, VIDEO OR AUDIO CONTENT FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE AND/OR SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND/OR SERVICE.
WE RESERVE ALL RIGHT TO CHANGE OR EDIT ANY OF THE INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT PRIOR NOTICE TO YOU. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, VULGAR, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANY PERSON OTHER THAN OUR AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFCIAL CAPACITIES. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE TRUTHFULNESS, COMPLETENESS AND/OR USEFULNESS OF ANY MATERIAL, OPINION, ADVICE OR OTHER INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE.
WITHOUT LIMITING THE ABOVE, WE AND OUR AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS RELATING TO ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS (FAQs), DOCUMENTS AND OTHERWISE ON THE WEBSITE.
Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL WORLD CHAMPION FANTASY, ITS DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, OR LICENSORS (“PROTECTED ENTITIES”) BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATING TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, SERVICE, THE MATERIALS, SERVICE CONTENT, FEATURES, AND FUNCTIONS RELATED THERETO, YOUR SUPPLIANCE OF INFORMATION VIA THE WEBSITE , OR LOST BUSINESS OR SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY USER CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE OF LIABILITY OF THE PROTECTED ENTITIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM THESE TERMS, OR YOUR USE OF THE WEBSITE OR SERVICE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, CONTRIBUTED BY YOU TO US FOR THE PURPOSE OF UTILIZING THE SERVICES.
Dispute Resolution; Agreement to Arbitrate. If you have any issue using and/or accessing the Website or Service, please contact World Champion Fantasy at [contact email]. World Champion Fantasy will utilize best efforts to respond to your issue as soon as reasonably possible, and settle any dispute, question, claim or disagreement that you may have.
Any disputes relating to these Terms or your use of the Website and/or Services will be governed by the laws of the State of Missouri and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law.
You and World Champion Fantasy agree that any and all disputes or claims that have arisen or may arise between you and World Champion Fantasy relating in any way to or arising out of the Terms or your use of or access to the Services shall be resolved exclusively through final and binding arbitration. The FAA governs the interpretation and enforcement of this Agreement to Arbitrate. IN ALL EVENTS, EACH PARTY HEREBY KNOWINGLY, VOLUNTARY AND INTENTIONALLY, WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICES. THE PARTIES FURTHER AGREE THAT, IF AND TO THE EXTENT THIS AGREEMENT TO ARBITRATE DOES NOT APPLY TO ANY CLAIM, THAT CLAIM WILL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
CLASS ACTION WAIVER: YOU AND WORLD CHAMPION FANTASY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND WORLD CHAMPION FANTASY AGREE OTHERWISE IN A SEPARATE WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH’S PROHIBITIONS ON CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTIONS OR PROCEEDINGS AS TO ANY CLAIM, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND RESOLVED IN COURT, SUBJECT TO YOUR AND WORLD CHAMPION FANTASY’S RIGHT TO APPEAL THE COURT’S DECISIONS. ALL OTHER CLAIMS WILL BE ARBITRATED.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the Terms including, but not limited to, any claim that all or any part of this Agreement to Arbitrate or the Terms is void or voidable.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under the AAA’s Commercial Arbitration Rules, as modified by this Agreement.
The arbitration shall be held in Missouri, or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or World Champion Fantasy may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and World Champion Fantasy, subject to the arbitrator’s discretion to require an in-person hearing. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
With the exception of any of the provisions in the CLASS ACTION WAIVER, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
Electronic Communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Miscellaneous. These Terms are personal to you, and may not be assigned, transferred, or sublicensed without the express written consent of World Champion Fantasy. Any password or right given to you for the purpose of using the Website is not transferable. World Champion Fantasy may assign, transfer, or delegate of its obligations contained herein, without your consent.
The Section titles contained in these Terms are for convenience purposes only, and have no legal or contractual effect.
World Champion Fantasy will not be liable for any delay or failure caused by (a) acts of God/natural disasters (including hurricanes and earthquakes); (b) disease, epidemic, or pandemic; (c) terrorist attack, civil war, civil commotion or riots, armed conflict, sanctions or embargoes; (d) nuclear, chemical, or biological contamination; (e) collapse of buildings, fire, explosion, or accident; (f) labor or trade strikes; (g) interruption, loss, or malfunction of a utility, transportation, or telecommunications service; (h) any order by a government or public authority; or (i) any other circumstance not within World Champion Fantasy’s reasonable control, whether or not foreseeable (each a “Force Majeure Event”). In the event of a Force Majeure Event, World Champion Fantasy shall be relieved from full performance of its contractual obligation until the event passes or no longer prevents performance.
We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.
These Terms do not, nor should it be construed to create, a joint venture, partnership, employee or agency relationship between you and World Champion Fantasy. Your submission of material or content does not create an implied confidential, fiduciary, contractual, or other relationship between you and World Champion Fantasy, other than that expressly stated within these Terms.
These Terms, and any additional terms, rules and conditions that World Champion Fantasy may post on the Website constitute the entirety of the agreement between you and World Champion Fantasy with respect to the Website, World Champion Fantasy Service, and any other content, material, or information related thereto, and supersedes all prior agreements between you and World Champion Fantasy, whether made orally or in writing.