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DRAFTSTREET™ WEBSITE TERMS & CONDITIONS

Thank you for visiting the DraftStreet™ website located at www.draftstreet.com (the “Site”). The Site is an Internet property of Skyllzone LLC (“DraftStreet™,” “we” or “us”). You agree to the following DraftStreet™ Terms and Conditions (“Terms and Conditions”), in their entirety, when you: (a) access or use our Site; (b) register as a member (“DraftStreet™ Member”) of the Site, which provides you with access to the Site’s products, services and various interactive features (collectively, the “DraftStreet™ Services”); (c) purchase DraftStreet™ products (“DraftStreet™ Shop Products”), or register to purchase DraftStreet™ Shop Products (as a “Customer”), from the DraftStreet™ shop accessible via the Site (“DraftStreet™ Shop”); and/or (d) register for one of our sweepstakes, promotional offers or contests (the “Sweepstakes”). These Terms and Conditions are inclusive of the DraftStreet™ Privacy Policy and any and all other applicable DraftStreet™ operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the Agreement carefully. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to become a DraftStreet™ Member, use the DraftStreet™ Services, DraftStreet™ Shop and/or the Site in any manner or form whatsoever.

1. Scope of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the DraftStreet™ Services, DraftStreet™ Shop and/or the Site. The Agreement constitutes the entire and only agreement between you and DraftStreet™ with respect to your use of the DraftStreet™ Services, DraftStreet™ Shop and/or the Site and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the DraftStreet™ Services, DraftStreet™ Shop, Site, the content contained therein and/or the products, services and/or programs provided by or through same. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that DraftStreet™ is not responsible or liable in any manner whatsoever for your inability to use the DraftStreet™ Services, DraftStreet™ Shop and/or the Site.

2. Modification. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, DraftStreet™ Services and/or DraftStreet™ Shop, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Therefore, you should regularly check this page for updates and/or changes.

3. Requirements. The Site DraftStreet™ Services and DraftStreet™ Shop are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law, and are residents of the United States and Canada. RESIDENTS OF STATES OF ARIZONA, IOWA, LOUISIANA, MONTANA, NORTH DAKOTA, PUERTO RICO, QUEBEC AND WHERE OTHERWISE PROHIBITED BY LAW MAY ONLY PARTICIPATE IN THE FREE CONTESTS (AS DEFINED BELOW), AND SHALL NOT BE ELIGIBLE TO WIN ANY CASH PRIZES OR REWARD POINTS (AS DEFINED BELOW).

4. Registration/Account. In order to obtain DraftStreet™ Services and/or register as a Customer of the DraftStreet™ Shop, you must first submit the applicable registration form to DraftStreet™ for review and initial approval. DraftStreet™ reserves the right, in its sole discretion, to deny access to the DraftStreet™ Services and/or DraftStreet™ Shop to anyone at any time and for any reason, whatsoever. The registration data that you must supply on the Site in order to obtain DraftStreet™ Services and/or register as a Customer of the DraftStreet™ Shop may include, without limitation, some or all of the following: (a) your full name; (b) e-mail address; (c) billing address; (d) daytime, evening and/or cellular telephone numbers; (e) credit card information; (f) at your option, your PayPal® account information; (g) date of birth; and/or (h) any other information requested on the applicable form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary in order to maintain it in an up to date and accurate fashion. DraftStreet™ will verify and approve all registrants in accordance with its standard verification procedures. During registration, you will be asked to provide a user name and password to use as your account log-in identification, where applicable (“Log-In”). If the Log-In that you request is not available, you will be asked to supply another Log-In. If DraftStreet™ approves your Member application, DraftStreet™ will set up your specific account (“DraftStreet™ Services Account”). You are responsible for maintaining the confidentiality of your DraftStreet™ Services Account, Log-In and for restricting access to your computer, and you agree to accept responsibility for all activities that occur through use of your DraftStreet™ Services Account and Log-In.

For purposes of the Agreement, “PayPal” shall mean PayPal, Inc. Please be advised that DraftStreet™ is not in any way affiliated with PayPal, and the Site, DraftStreet™ Shop and DraftStreet™ Services are neither endorsed, nor sponsored, by PayPal. PayPal ® is a registered trademark of PayPal, Inc.

5. Content Subject to the terms and conditions of the Agreement, end-user visitors to the Site that possess the requisite technology shall have the opportunity to view and listen to all of the sports-related and other media (downloaded, streaming or samples), statistics, software, text, images, graphics, user interfaces, audio, trademarks, logos, artwork and other content featured on the Site (collectively, “Content”) as compiled, distributed and displayed by Members, DraftStreet™, as well as third party websites/services/entities (collectively, “Third Party Providers”) that provide sports-related news and information on the Site via updated news feeds (“News Feeds”). The Content will be organized by theme and genre to enable end-users to locate areas of interest.

6. Description of DraftStreet™ Services. By registering as a Member on the Site, agreeing to the Agreement and receiving approval from DraftStreet™, you can obtain, or attempt to obtain, a DraftStreet™ Services Account. A DraftStreet™ Services Account will enable you to utilize the Site’s many products, services and other features including, but not limited to: (a) viewable Content and News Feeds; (b) interactive features designed to foster interaction between you and other Site Members, such as live chats and Member comments sections (“Interactive Services”); and (c) a suite of daily, weekly and bi-monthly fantasy draft-based games involving players from professional baseball, basketball, football and hockey (collectively, “DraftStreet™ Contests”). The DraftStreet™ Contests can either be played for a fee, with a chance to win cash prizes (“Pay Contests”) or for free (“Free Contests”), with a chance to win points (“Reward Points”) that can be used to redeem gifts in the DraftStreet™ Shop and, where permitted by DraftStreet™ from time to time, to redeem for the Entry Fee (as defined below) for admission to certain Pay Contests. Please be advised that you must have a DraftStreet™ Services Account in order to become a Customer in the DraftStreet™ Shop. DraftStreet™ reserves the right to prohibit any conduct by Members or to remove any materials or Content posted by Members to the Interactive Services or other areas of the Site that DraftStreet™ deems, in its sole and absolute discretion, to be in violation of the Agreement or which DraftStreet™ believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose DraftStreet™ to harm, damage to reputation or liability. Notwithstanding the foregoing, DraftStreet™ undertakes no responsibility to monitor or otherwise police the actions of Members, Content, News Feeds and/or other material posted by Members.

  • DraftStreet™ Contests

    Entry: Periodically, DraftStreet™ will make DraftStreet™ Contests available to Members. The DraftStreet™ Contests shall vary in duration, lasting either one (1) day, one (1) week, two (2) weeks or such other interval as determined by DraftStreet™ (“Contest Duration”), as predetermined and set forth in the rules that apply to the applicable DraftStreet™ Contest (each, “Contest Rules”). In connection with Pay Contests, Members must pay the applicable entry fee in advance of that DraftStreet™ Contest’s start time (“Entry Fee”). The Entry Fee will be predetermined and set forth in the applicable Contest Rules. In connection with Free Contests, Members must register for the DraftStreet™ Contest before the applicable DraftStreet™ Contest’s start time. Each DraftStreet™ Contest shall only have a limited number of openings, and entrants will be accepted on a first come, first serve basis. DraftStreet™ Contests that do not attract the requisite number of entrants will be cancelled prior to commencement, and any and all Entry Fees fully refunded.

    DraftStreet™ IS NOT RESPONSIBLE FOR ATTEMPTED DraftStreet™ CONTEST REGISTRATIONS THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT, OR FOR YOUR FAILURE TO PARTICIPATE IN, OR COMPLETE, A SCHEDULED DraftStreet™ CONTEST. IF YOU FAIL TO ENTER A DraftStreet™ CONTEST INCLUDING, WITHOUT LIMITATION, WHERE YOU CANNOT ACCESS THE SITE FOR ANY REASON WHATSOEVER, YOU WILL NOT BE ABLE TO PARTICIPATE IN THAT DraftStreet™ CONTEST.

    Drafts: When a DraftStreet™ Contest has attained the necessary number of entrants required by the applicable Contest Rules, the entrants will then be able to participate in an online draft (“Drafts”) using the Site’s interface, whereby each entrant will select players from the applicable professional sport’s league or team (as applicable) (collectively, “Pro Players”) and assign those Pro Players to his/her team. Once a Pro Player is selected by an entrant, that Pro Player will not be available for Drafting by any other entrant during the applicable Contest Duration, unless otherwise stated in the applicable Contest Rules. Entrants will have a limited time to make each Draft selection, as set forth in the applicable Contest Rules; provided, players may select an “Auto Draft” option that allows entrants to pre-select Pro-Players in order such that if an entrant fails to make a selection in the allotted time, the Auto Draft feature will automatically select the next Pro Player on the entrant’s list or, where the entrant did not customize their list, from the Site’s own predetermined list. The Draft order for the entrants will be selected at random by DraftStreet™, and the Draft will follow either a “snake” model or a “salary cap” model, as predetermined and set forth in the applicable Contest Rules. Under the snake Draft, the order will proceed from 1 to 10 (or such other total number of entrants in the applicable Draft), then 10 to 1 (as applicable), alternating until the Draft is complete. Under the salary cap model, each entrant will be allotted a certain amount of Draft dollars which he/she can use to bid for Pro Players against the other entrants. The roster size of Pro Players for each entrant in a given DraftStreet™ Contest will be predetermined and set forth in the applicable Contest Rules.

    DraftStreet™ IS NOT RESPONSIBLE FOR DRAFT SELECTIONS THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT, OR FOR YOUR FAILURE TO PARTICIPATE IN, OR COMPLETE, A SCHEDULED DRAFT. IF YOU FAIL TO COMPLETE OR ENTER A DRAFT INCLUDING, WITHOUT LIMITATION, WHERE YOU CANNOT ACCESS THE SITE FOR ANY REASON WHATSOEVER, YOU WILL NOT BE ABLE TO PARTICIPATE IN THAT DraftStreet™ CONTEST AND YOUR ENTRY FEE IS SUBJECT TO FORFEITURE.

    Scoring/Prizes: Each entrant will earn points based on the performance, during the applicable Contest Duration, of the Pro Players that were drafted on their team. The specific scoring system for each DraftStreet™ Contest, and the number of winners, will be predetermined and set forth in the applicable Contest Rules. DraftStreet™ will be responsible for tallying the Points for each DraftStreet™ Contest based on the reporting of Pro Player performance provided by each professional sporting league. The winner(s) of the Pay Contests, as determined by DraftStreet™, will receive the applicable monetary prize, and the winner(s) of the Free Contests, as determined by DraftStreet™, will receive the applicable Reward Points. Monetary prizes will be paid out, at your option, via check or deposit into your PayPal® account; provided, however, that PayPal® may deduct a service fee in connection with any such deposits. You are responsible for paying any sales, use or other taxes related to any monetary prizes or Reward Points awarded to you in connection with the DraftStreet™ Contests.

    ALL DETERMINATIONS BY DraftStreet™ WITH RESPECT TO POINTS, WINNERS, PAYOUTS AND REWARD POINTS WILL BE MADE IN DraftStreet’S™ SOLE AND ABSOLUTE DISCRETION, AND WILL BE FINAL AND BINDING ON YOU.

    YOU UNDERSTAND AND AGREE THAT DraftStreet™ IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER WHATSOEVER FOR YOUR INABILITY TO USE THE DraftStreet™ CONTESTS.

  • Interactive Services

    Subject to the restrictions contained herein including, without limitation, those contained in Section 6(C) below, the Interactive Services allow Members to participate on message boards and other interactive areas of the Site during Drafts, and otherwise. In connection with the Interactive Services, each Member shall be solely responsible for the comments, opinions, statements, offers, propositions, feedback and other content (“Feedback”) posted by and through the Interactive Services. Members are forbidden from posting website links, buttons, banner ads, co-registration paths, copy or processes for generating actions (“Links”) in any Feedback, and/or advertising of third party products and/or services within the Interactive Services. DraftStreet™ reserves the right to prohibit any conduct by Members or remove any Feedback from the Interactive Services and/or Site at any time and for any reason, in DraftStreet’s™ sole discretion. The reasons for removal may include where DraftStreet™ believes that the Feedback posted by a Member is unsuitable for the Interactive Services and/or Site for any reason including, without limitation: (i) that the Feedback contains or links to material that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable; (ii) that the Feedback contains or links to material that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party; (iii) where DraftStreet™ believes that a Member is, at any time, conducting any commercial activity by and through the Interactive Services; and/or (iv) where DraftStreet™ believes a Member to be in violation of the Agreement. The Interactive Services contain Content and Feedback that are provided directly by Members. You understand and agree that DraftStreet™ shall not be liable to you, any end-users or any third party for any claim in connection with your use of the Interactive Services. You agree that DraftStreet™ shall have no obligation and incur no liability to you in connection with any Content and/or Feedback appearing in the Interactive Services. DraftStreet™ does not represent or warrant that the Content and/or Feedback posted in the Interactive Services is accurate, complete or appropriate. You understand and agree that DraftStreet™ is not responsible or liable in any manner whatsoever for your inability to use the Interactive Services.

  • Terms of Use and Restrictions

    As a Member, you agree that you are solely responsible for the Feedback, Content and/or other information that you publish, transmit and/or post through use of the Interactive Services. You agree to use the Interactive Services in a manner consistent with any and all applicable laws and regulations. In connection with your use of the Interactive Services, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) “stalk” or otherwise harass any person; (vi) engage in unauthorized advertising to, or commercial solicitation of other Members; (vii) transmit any chain letters, spam or junk e-mail to other Members; (viii) express or imply that any statements that you make are endorsed by DraftStreet™, without our specific prior written consent; (ix) harvest or collect personal information of other Members whether or not for commercial purposes, without their express consent; (x) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; (xi) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) remove any copyright, trademark or other proprietary rights notices contained on the Site; (xiii) interfere with or disrupt any of the DraftStreet™ Services, DraftStreet™ Contests, Site and/or the servers or networks connected to same; (xiv) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (xvi) “frame” or “mirror” any part of the Site, without our prior written authorization; (xvii) use metatags or code or other devices containing any reference to DraftStreet™, DraftStreet™ Services and/or the Site in order to direct any person to any other website for any purpose; and/or (xviii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the DraftStreet™ Services and/or Site or any software used on or for the DraftStreet™ Services and/or Site. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your DraftStreet™ Services Account without notice, in the sole discretion of DraftStreet™. DraftStreet™ reserves the right to pursue any and all legal remedies against Members that engage in the aforementioned prohibited conduct.

    D. Reward Points

    The winners of Free Contests shall receive Reward Points, which may be redeemed for certain designated merchandise in the DraftStreet™ Shop (“Reward Point Merchandise”) and/or, as permitted by DraftStreet™ from time to time, to cover the Entry Fee for admission to certain Pay Contests. Reward Points shall be awarded in accordance with the applicable Contest Rules. The number of Reward Points required to redeem particular Reward Point Merchandise or Entry Fees is subject to change without notice, in DraftStreet’s™ sole discretion. When a Member redeems Reward Points for Reward Point Merchandise or Entry Fees, as applicable, we will deduct the corresponding number of Reward Points from that Member’s DraftStreet™ Services Account. The Reward Point Merchandise: (i) is provided, at whole or in part, by the applicable manufacturer, distributor or retailer (“Source”); and (ii) contains descriptions that are provided directly by such Source. DraftStreet™ does not represent or warrant that the descriptions of the Reward Point Merchandise are accurate or complete. Do not assume that the offer, sale, purchase, export or import of any Reward Point Merchandise is valid and legal simply because it is featured in the DraftStreet™ Shop. Warranty claims, requests for technical or customer support, and returns for malfunction or damage to Reward Point Merchandise must be communicated to the applicable Source and not to DraftStreet™. You are responsible for paying any sales, use or other taxes related to any monetary prizes or Reward Points awarded to you in connection with the DraftStreet™ Contests.

    7. Site Disclaimers. The DraftStreet™ Services, DraftStreet™ Shop and/or the Site contain Content, Feedback, News Feeds, comments, opinions, advice, statements, offers, products, services, requests, solicitations and other information that is provided directly by Members, Third Party Providers, Sources and/or other third parties, as applicable. Such Content, Feedback, News Feeds, comments, opinions, advice, statements, offers, products, services, requests, solicitations and/or other information is provided by applicable Members, Third Party Providers, Sources and/or other third parties and not DraftStreet™, and should not necessarily be relied upon. Those Members, Third Party Providers, Sources and/or other third parties are solely responsible for the accuracy, completeness, appropriateness or usefulness of such materials. DraftStreet™ does not represent or warrant that the Content, Feedback, News Feeds, comments, opinions, advice, statements, offers, products, services, requests, solicitations and/or other information made available by and through the DraftStreet™ Services, DraftStreet™ Shop and/or the Site is accurate, complete or appropriate. You understand and agree that DraftStreet™ will not be responsible for, and DraftStreet™ undertakes no responsibility to monitor, or otherwise police, such Content, Feedback, News Feeds, comments, opinions, advice, statements, offers, products, services, requests, solicitations and/or other information. You agree that DraftStreet™ shall have no obligation and incur no liability to you in connection with any such Content, Feedback, News Feeds, comments, opinions, products, services, requests, solicitations and/or other information made available by and through the DraftStreet™ Services, DraftStreet™ Shop and/or the Site by third parties.

    DraftStreet™ does not control the information provided by Members, Third Party Providers, Sources and/or other third parties that is made available within the DraftStreet™ Services, DraftStreet™ Shop and/or the Site. You may find certain information, products and/or services as posted by Members, Third Party Providers, Sources and/or other third parties to be offensive, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the DraftStreet™ Services, DraftStreet™ Shop and/or the Site.

    You are solely responsible for your interactions with other Site-users including, but not limited to, Members, Third Party Providers, Sources and/or other third parties. Because we are not involved in Site-user interactions, in the event that you have a dispute with one or more Site-users, Members, Third Party Providers, Sources and/or other third parties, you hereby release DraftStreet™ including, but not limited to, its officers, directors, members, shareholders, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. DraftStreet™ reserves the right, but has no obligation, to monitor disputes between you and other Site-users, Members, Third Party Providers, Sources and/or other third parties.

    You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.

    8. Sweepstakes. From time-to-time, our Site offers promotional prizes and other awards. By providing true and accurate information in connection with the applicable Sweepstakes registration form and agreeing to the rules applicable to each Sweepstakes, you can obtain, or attempt to obtain, the promotional prizes and other awards offered through each Sweepstakes. You understand and agree that DraftStreet™ shall not be liable to you or any third party for any claim in connection with your participation in any of the Sweepstakes.

    9. DraftStreet™ Shop. By registering as a Member on the Site, agreeing to the Agreement, receiving approval from DraftStreet™, and by completing the applicable purchase order or Reward Point redemption forms, you can obtain, or attempt to obtain, DraftStreet™ Shop Products featured in the DraftStreet™ Shop. In some instances, the DraftStreet™ Shop contains comments, opinions, solicitations, offers, requests and other material that are provided directly by Sources. Please use caution, common sense and safety when using the DraftStreet™ Shop, including when purchasing DraftStreet™ Shop Products. DraftStreet™ reserves the right to prohibit access to the DraftStreet™ Shop where DraftStreet™ deems, in its sole and absolute discretion, that you are in violation of the Agreement or where DraftStreet™ believes any of your conduct to be illegal, potentially harmful to others or that same may expose DraftStreet™ to harm, damage to reputation and/or liability. Please be advised that DraftStreet™ undertakes no responsibility to monitor or otherwise police the DraftStreet™ Shop Products. In some instances, the DraftStreet™ Shop Products contain descriptions that are provided directly by the applicable Sources. DraftStreet™ does not represent or warrant that such descriptions are accurate or complete. As a result, DraftStreet™ has no control over: (a) the quality, safety or legality of the DraftStreet™ Shop Products; and/or (b) the truth or accuracy of the descriptions of such DraftStreet™ Shop Products. Do not assume that the offer, sale, purchase, export or import of any DraftStreet™ Shop Product is valid and legal simply because it is listed on the Site. You accept sole responsibility for the legality of your actions under laws applying to you. You understand and agree that DraftStreet™ is not responsible or liable in any manner whatsoever for your inability to use the DraftStreet™ Shop, for any dispute between you and any Source and/or for any DraftStreet™ Shop Products.

    10. Fees. Upon registering for a Pay Contest, or making a purchase in the DraftStreet™ Shop, the credit or debit card that you provided during registration or updated at a later date (“Active Credit Card”) will be charged the applicable amount depending on the DraftStreet™ Contest or DraftStreet™ Shop Product selected, as applicable. All Fees are payable in United States currency. Failure to complete entry in the applicable DraftStreet™ Contest does not constitute a basis for refusing to pay any of the associated Entry Fees. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of DraftStreet™ in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), DraftStreet™ reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the DraftStreet™ Services after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.

    DraftStreet’s™ authorization to provide and bill for the DraftStreet™ Services and DraftStreet™ Shop Products is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. DraftStreet’s™ reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.

    11. Cancellation of Membership. You may cancel your Membership at any time if you are not completely satisfied. To cancel your Membership, simply cease using the Site, DraftStreet™ Shop and applicable DraftStreet™ Services. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with DraftStreet™. Upon any termination and/or cancellation of your Membership, your license grant, as set forth in Section 12 hereinbelow shall immediately terminate. You shall not receive any refund for Fees previously paid up to the date of cancellation or termination.

    12. License Grant. As a Member of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Content, News Feeds, Site, Feedback, DraftStreet™ Shop, DraftStreet™ Services and all other material, products and/or services posted or made available by and through same and/or the Site (collectively, “Site Material”) in accordance with the Agreement. DraftStreet™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by DraftStreet™, you may only use the Site Material for your own personal, non-commercial use. No part of the Site Material may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Material and/or any portion thereof. You may not create any “derivative works” by altering any aspect of the Site Material. You may not use the Site Material in conjunction with any other third-party content (e.g., to provide sound for a film). You may not exploit any aspect of the Site Material for any commercial purposes not expressly permitted by DraftStreet™ (including the bundled sale of such Site Material). Systematic retrieval of Site Material by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from DraftStreet™ is strictly prohibited. You further agree to indemnify and hold harmless DraftStreet™ for your failure to comply with this Section 12. DraftStreet™ reserves any rights not explicitly granted in the Agreement.

    13. Proprietary Rights. All Site Material is owned or licensed by or to DraftStreet™, and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the Site Material may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without DraftStreet’s™ prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Site Material. The posting of information or material at the Site by DraftStreet™ does not constitute a waiver of any right in such information and materials. DraftStreet™ reserves all rights not expressly granted hereunder. The “DraftStreet” name and logo are trademarks of Skyllzone LLC. All custom graphics, icons and service names are trademarks of their rightful owners. All other trademarks are the property of their respective owners. The use of any DraftStreet™ trademark without DraftStreet’s™ express written consent is strictly prohibited.

    14. Bypassing or Disabling any Portion of the DraftStreet™ Services or Site. If you bypass or disable any portion of the DraftStreet™ Services, DraftStreet™ Shop, Site or associated software including, without limitation, the blocking of cookies or the operation of any other DraftStreet™ systems, or you attempt to circumvent or tamper with DraftStreet’s™ Contests or billing methods in any way, you are in violation of the Agreement and DraftStreet™ may suspend or terminate your DraftStreet™ Services Account without notice. Termination of your DraftStreet™ Services Account will not excuse you from any criminal or other civil liabilities that may result from your actions. If your DraftStreet™ Services Account is terminated for any reason you will, thereafter, be unable to access the DraftStreet™ Services and/or DraftStreet™ Shop.

    15. Accessing the Site. You are responsible for obtaining and maintaining, at your own cost and expense, all input/output devices or equipment (such as modems, terminal equipment, computer equipment and software) and communications services (including, without limitation, long distance or local telephone services) necessary to access the Site and for ensuring that such equipment and services are compatible with DraftStreet’s™ requirements.

    16. Indemnification. You agree to indemnify and hold DraftStreet™, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site, DraftStreet™ Services and/or DraftStreet™ Shop in any way, whatsoever; (b) your breach of the Agreement; (c) any disputed between you and any Members, Third Party Providers, Sources and/or other third parties; (d) any claim that DraftStreet™ owes any taxes in connection with your use of the Site, DraftStreet™ Services and/or DraftStreet™ Shop; and/or (e) your violation of any rights of another individual and/or entity. The provisions of this Section 16 are for the benefit of DraftStreet™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

    17. Disclaimer of Warranties. THE SITE, DraftStreet™ SERVICES, DraftStreet™ CONTESTS AND/OR DraftStreet™ SHOP, ANY CONTENT, FEEDBACK, NEWS FEEDS, DraftStreet™ SHOP PRODUCTS OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED THEREIN, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, DraftStreet™ MAKES NO WARRANTY THAT THE SITE, DraftStreet™ SERVICES, DraftStreet™ CONTESTS AND/OR DraftStreet™ SHOP, ANY CONTENT, FEEDBACK, NEWS FEEDS, DraftStreet™ SHOP PRODUCTS OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED THEREIN: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE, DraftStreet™ SERVICES, DraftStreet™ CONTESTS AND/OR DraftStreet™ SHOP, ANY CONTENT, FEEDBACK, NEWS FEEDS, DraftStreet™ SHOP PRODUCTS OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED THEREIN MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. DraftStreet™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DraftStreet™, ANY MEMBERS, THIRD PARTY PROVIDERS, SOURCES OR OTHERWISE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

    18. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT DraftStreet™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DraftStreet™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, DraftStreet™ SERVICES, DraftStreet™ CONTESTS AND/OR DraftStreet™ SHOP, ANY CONTENT, FEEDBACK, NEWS FEEDS, DraftStreet™ SHOP PRODUCTS OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED THEREIN; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (D) ANY OTHER MATTER RELATING TO THE SITE, DraftStreet™ SERVICES, DraftStreet™ CONTESTS AND/OR DraftStreet™ SHOP, ANY CONTENT, FEEDBACK, NEWS FEEDS, DraftStreet™ SHOP PRODUCTS OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED THEREIN. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE DraftStreet™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF DraftStreet™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). YOU HEREBY RELEASE DraftStreet™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION 18. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, DraftStreet™ SERVICES, DraftStreet™ CONTESTS AND/OR DraftStreet™ SHOP, ANY CONTENT, FEEDBACK, NEWS FEEDS, DraftStreet™ SHOP PRODUCTS OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED THEREIN MAY BE BROUGHT BY YOU OR DraftStreet™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DraftStreet™. ACCESS TO THE SITE, DraftStreet™ SERVICES, DraftStreet™ CONTESTS AND/OR DraftStreet™ SHOP, ANY CONTENT, FEEDBACK, NEWS FEEDS, DraftStreet™ SHOP PRODUCTS OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED THEREIN WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow certain limitations on liability and, in such jurisdictions, DraftStreet’s™ liability shall be limited to the maximum extent permitted by law.

    19. Third-Party Websites. The DraftStreet™ Services, DraftStreet™ Shop and Site contain links to other websites on the Internet that are owned and operated by third parties. In some instances these websites are co-branded and the third parties are entitled to use DraftStreet’s™ name and logo on their third party websites. DraftStreet™ does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by DraftStreet™ of the applicable website or any association with the website’s operators. Because DraftStreet™ has no control over such websites and resources, you agree that DraftStreet™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that DraftStreet™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.

    20. User Information. Except where expressly provided otherwise by us in the Agreement, and subject to the DraftStreet™ Privacy Policy, all comments, Feedback, Content, information, Registration Data and/or materials that you submit through or in association with this Site shall be considered non-confidential. For a copy of the DraftStreet™ Privacy Policy, please Click Here. By submitting such comments, Feedback, Content, information, Registration Data or materials to us, you: (a) represent and warrant that DraftStreet’s™ use of your submission does not and will not breach any agreement, violate any law or infringe any third party’s rights; (b) agree that DraftStreet™ is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and (c) grant DraftStreet™ all necessary rights, including a waiver of all copyright, trademark, privacy and moral rights, to use all comments, Feedback, Content, information, Registration Data and/or materials, in whole or in part, or as a derivative work, without any duty by DraftStreet™ to anyone whatsoever. DraftStreet™ does not accept unsolicited ideas, works or other materials and you acknowledge that you are responsible for, and bear all risk as to the use or distribution of, any such ideas, works and/or materials.

    21. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Agreement, DraftStreet™ Services, DraftStreet™ Shop and/or Site, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against DraftStreet™ and its employees, officers, directors, shareholders, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that DraftStreet™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.

    22. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and DraftStreet™ and it governs your use of the DraftStreet™ Services, DraftStreet™ Shop and Site. DraftStreet’s™ failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
    DraftStreet reserves the right to cancel an account at anytime for anything that it deems to be "Suspicious Activity." Any remaining funds in a canceled account will be refunded to the user by check to the address on file.

    23. Instant Cash Deposit Bonuses/Gifts Awarded for Deposited Amounts. Any instant cash deposit bonus awarded to a user cannot be withdrawn by that user until that user has played in DraftStreet™ Contests with Entry Fees totaling, at a minimum, the amount of the applicable cash deposit bonus. Where a user receives a promotional gift or other offering from DraftStreet™ or any of its marketing partners in exchange for depositing a certain amount of money into his/her account ("Required Gift Deposit"), that user may not withdraw the Required Gift Deposit until that user has staked in DraftStreet™ Contests Entry Fees totaling, at a minimum, the amount of the applicable Required Gift Deposit, and the Required Gift Deposit is subject to removal from the account if the user has not staked any such Entry Fees during the one-year period after receipt of the promotional gift or other offering.

    24. Recruiting. If DraftStreet™ suspects that a user has recruited themselves in connection with the DraftStreet™ Recruitment Program, DraftStreet™ reserves the right to remove that recruit from their account without notification.

    25. How to Contact Us. We listen to or read, as applicable, every message sent to us and endeavor to reply promptly to each one. This information is used to respond directly to your questions or comments. If you have any questions about the Agreement or the practices of DraftStreet™, please feel free to contact us at 1-888-272-1730 or at cs@draftstreet.com.



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