Fantasy Wonder Terms of Service
Terms and Conditions
1. Acceptance of Terms
FantasyWonder.com ("Fantasy Wonder," "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: https://fantasywonder.com/tos. 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.
2. Description of Service
Fantasy Wonder currently provides Users with research tools for daily fantasy sports. The Service is not to be used for or in conjunction with any illegal activities. You agree that Fantasy Wonder 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.
3. Service Content: Information and Features
The Service contains information 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 You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Content may be subject to terms and conditions of third parties not directly under the control of Fantasy Wonder. 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.
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 Fantasy Wonder 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.
4. 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. Fantasy Wonder is a premium service, available to our users by signing up with certain sites (FanDuel, DraftKings, etc.) through the links provided on the Fantasy Wonder web page and making a deposit. The rates and charges (including monthly charges) imposed by us for use of our service are set at our discretion and subject to change. From time to time, Fantasy Wonder may offer free access. However, we reserve the right to notify you that we are ending your free access and further use will require payment. For more information, visit us at: https://fantasywonder.com/join. 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.
5. User Account, Password and Security
During completion of the Service's registration process, you will select an account username 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 Fantasy Wonder 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. Fantasy Wonder cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
8. 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 Fantasy Wonder has no control over such sites and resources, you acknowledge and agree that Fantasy Wonder 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 Fantasy Wonder 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.
Other sites may link to, but not replicate Fantasy Wonder content. Any other site that links to the Service shall not (i) create a browser or border environment around any of the content of the Service, (ii) imply that Fantasy Wonder is endorsing or sponsoring it or its products, (iii) present false information about Fantasy Wonder or its products or services, (iv) use Fantasy Wonder. trademarks or other intellectual property, or (v) contain content that could be construed as distasteful, offensive or controversial, without the express written consent of Fantasy Wonder.
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 Fantasy Wonder 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, Fantasy Wonder does not intend to terminate User accounts without good cause; however, you agree that any unilateral termination of the account by Fantasy Wonder is ultimately a decision vested in Fantasy Wonder. sole discretion. Fantasy Wonder 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.
11. Disclaimer of Warranties
THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICE, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Fantasy Wonder 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. Fantasy Wonder 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.
Fantasy Wonder 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, Fantasy Wonder 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.
Fantasy Wonder 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.
12. Limitation of Liability
EXCEPT AS WHERE LIMITED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL Fantasy Wonder 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 Fantasy Wonder 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, Fantasy Wonder' 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 Fantasy Wonder 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.
14. 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 Fantasy Wonder 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 Fantasy Wonder or the copyright holder as identified on the Service.
Fantasy Wonder and other service marks, trademarks and logos displayed on the Service are the property of Fantasy Wonder or its licensors. You agree not to display or use the Fantasy Wonder intellectual property in any manner, without express written consent from Fantasy Wonder.
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 Fantasy Wonder.
By agreeing to the TOS, you agree and understand that Fantasy Wonder may terminate use of the Service, as detailed in Section 11, of subscribers and account holders who infringe the rights of copyright holders.
15. Governing Law; Jurisdiction and Venue
The TOS and the relationship between you and Fantasy Wonder shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You irrevocably submit and consent to the exclusive jurisdiction and venue of the Pennsylvania State courts in and for Philadelphia County, Pennsylvania, and the Federal courts in and for the Middle District of Pennsylvania. You waive any right to raise the defense of forum non conveniens.
16. 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.