Fantasy Advantage Ltd. (“Fantasy”, or “us”, “our”, “we”) provides information and analysis of the performance of sports teams and players, as well as tools intended to inform decisions related to the placement of sports wagers (where lawful and permissible).
Age Restriction. You must be at least 21 years of age to use our Site and services. If you are under 21 years of age, you should exit the Site immediately and not use or review any of the information that is posted on this Site or use any services that we provide.
Registration. As a condition to using all or some aspects of the Site and our services, you may be required to register and create a user account. Your user account may give you access to the Site or services and any part thereof.
As part of the registration process, you may be required to provide us certain personal information (including, name, phone number, e-mail address, etc.) and select a password. You must provide us with accurate, complete, and updated registration information, in compliance with all applicable laws, rules and regulations, and may not (i) impersonate to another person; (ii) use as a user name a name subject to any rights of another person or entity without appropriate authorization; or (iii) use another user’s account.
We reserve the right to refuse your registration or to block your access to the Site and services, at our sole discretion. You are solely responsible for the activity that occurs on your account, and must keep your account credentials secured. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account, however, you may be liable for our losses or the losses of others due to such unauthorized use.
Intellectual Property Rights. We own all intellectual property in this Site and its content (including without limitation any documents posted on the Site) including its overall appearance, graphics design and underlying source files. Without our prior written consent, you may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, frame or use for any purpose the contents of this Site. No copyright notices, other intellectual property or legal notices or other identifying information may be removed from downloaded materials. Nothing contained in this Site should be construed as granting any license or right to use any of our intellectual property rights. If you provide us with any feedback, please refer to the “User Content”section to learn about the use of such feedback.. You shall not reverse engineer any algorithms that we use to provide our services, or circumvent any access or security mechanism on our site or services.
User Content. We may provide our users with the option to upload content to the Site, subject to the these Terms (the “Content”). By uploading the Content, you represent and warrant that: (i) you have all rights or authorizations required to upload the Content; (ii) the Content does not contain any materials that may be considered as defamatory, abusive, harassing, threatening, racially, or constituting an invasion of a right of privacy of another person, or otherwise offensive, violent, vulgar, obscene, or otherwise harms or can reasonably be expected to harm any person or entity; (iii) the Content is not illegal or encourages or advocates any illegal activity; (iv) the Content does not infringe any rights of any third party, including intellectual property rights or privacy rights; (v) you will not use the Content to “stalk” or otherwise harass another or is antisocial, disruptive, or destructive, including “flaming“, “spamming“, “flooding”, “trolling”, and “griefing“ as those terms are commonly understood and used on the internet; (vi) you will not use the Content to create a false identity or impersonate another person; (vii) the Content will not contain viruses, trojan horse, worm, or any other computer programs designed to interrupt, destroy, or limit the functionality of the services or any system, computer software, hardware or telecommunications equipment;
You shall be solely responsible for: (i) creating backup copies of the Content and Fantasy will not be liable for any loss or corruption of your Content; (ii) any risks associated with the Content, including any person’s reliance on its accuracy or claims that might stem from such Content, as well as any liability, cost, expense or loss to Fantasy or to any third party resulting from such Content.
You agree to indemnify and hold Fantasy or anyone on its behalf (including its and its subsidiaries’ shareholders, directors, officers, employees, service providers, partners and agents) harmless from any liability, cost, damage and expense (including reasonable legal fees) caused or resulting from the Content including any claim concerning violation or infringement of any proprietary rights.
The Content will belong to you, and you grant Fantasy an irrevocable, non-exclusive, worldwide, transferable, perpetual, royalty free, sub-licensable license to use the Content at our sole discretion, including without limitation: reproduction, distribution, making of derivatives, modification, adaptation, publication, translation and display.
Fantasy reserves the right, without prior notification or compensation of any kind, to remove any Content at its sole discretion, including without limitation, if the Content is in violation of these Terms or any regulatory provision.
Prohibited Use. You hereby confirm that you will not, and will not permit or authorize third parties to use the services or Site: (i) for any commercial purpose; (ii) to transmit any communication or solicitation designed or intended to obtain password, account, or private information from any third party;
Without derogating from the generality of the above, you will not, and will not permit or facilitate others to make use of the Site or the services provided for the placement of an unlawful or impermissible sports wager, including where such action is prohibited due to your physical location, residence or age.
In addition, except as expressly authorized herein, you will not, and will not permit or authorize third parties to: (i) take any action intended to circumvent or disable the operation of any security feature or measure of the services or Site; (ii) publish, distribute, sell, disclose, market, sublicense, rent, lease, display, provide, transfer or make available the services or Site, or any portion thereof, to any third party; (iii) decompile, reverse engineer, disassemble, enhance, or otherwise make any attempt to discover the source code of the Site or any part thereof; (iv) modify, reproduce, or create derivative works from the services or Site or any part thereof; (v) access the services, Site or Fantasy’s facilities via automated means, including by crawling, scraping, caching or otherwise (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent; or (vi) use the services in any manner that is illegal or not authorized by these Terms.
We shall not be liable for any illegal or unauthorized use of the Site or the services provided. The availability of the Site for viewing and/or registration in your jurisdiction does not guarantee that certain uses of the Site or services in that jurisdiction are lawful and you may only use the Site or services in accordance with applicable laws and these Terms. In case of doubt, you must consult with legal counsel of your choice.
General Terms. You are responsible for obtaining and maintaining any equipment, hardware, software or ancillary services required to access and use the services or Site, and for any fees charged by third parties in connection therewith, and we have no responsibility or obligation in connection therewith. We may (i) change, suspend or discontinue the services or Site (or any part thereof) at any time, including the availability of any feature, content or database, without notice or liability; and (ii) offer alternative and/or additional services to certain users, that may not be offered to general users.
Termination. We may terminate or suspend your user account, access to the services or Site (or any part thereof), or any license granted hereof, immediately, without prior notice or liability, if we have a reason to believe that you breached any part of these Terms.
All the provisions of these Terms which by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations and limitations of liability) shall remain in full force and effect following termination thereof, for any reason whatsoever. Termination of these Terms shall not relieve you from any obligation arising or accruing prior to such termination or limit any liability which you otherwise may have to us.
Accuracy of Information. We cannot guarantee that the information posted on this Site is accurate, complete or suitable for any purpose. In addition, we cannot guarantee that the content posted on this Site has not been affected by technical malfunctions or unauthorized tampering. We do not guarantee that material on this Site will be free from infection, viruses, worms, Trojan horses and/or other code that has contaminating or destructive properties. It is your responsibility to take protective steps such as virus checking. We may alter or remove materials from this Site at any time.
Your use of the Site and your reliance on any information provided on the Site is at your sole discretion and risk. We shall not be liable for any damage caused as a result of your decision to use the Site or the information provided or resulting from decisions or selections made by you in reliance on information provided.
No Betting/Gambling. We do not provide any betting or gambling services, nor are our Site or services intended to offer any such services or activities. We do not actively participate in third party bets, gambling activities, lotteries or games and do not make any direct profit from the result of such activities. While you may choose to use our Site and services in connection with external betting or gambling services, where it is lawful to do so, we do not accept any responsibility or liability for such activities. Specifically, you understand that it is your responsibility to assess the legality of any third party service you choose to use in conjunction with our Site or services and to review such third parties terms and policies over which we have no control. You accept and acknowledge that participation in betting or gambling entails risks, including the risk of financial loss, and that should you choose to use our Site or services for betting or gambling activities, you shall do responsibly, and while assuming all risks involved, including financial and mental risks.
No Recommendations. The information displayed on the Site does not constitute any recommendation, suggestion or counseling on which you may rely, specifically in the context of sports betting. THE USE OF THIS INFORMATION IS AT YOUR OWN RISK. We cannot and do not accept any responsibility or liability for your use of such information. It is your responsibility to assess such information before you make any use of it, specifically with respect to sports betting.
Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THIS SITE OR ANY INFORMATION OBTAINED THROUGH THIS SITE. IN NO EVENT WILL FANTASY, ITS AFFILIATES, EMPLOYEES OR OFFICERS BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND WHATSOEVER RESULTING TO YOU OR TO ANY THIRD PARTY DIRECTLY OR INDIRECTLY FROM ANY USE OF THIS SITE OR OF ANY INFORMATION CONTAINED IN THIS SITE, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES.
BY USING THE SITE, YOU EXPRESSLY ASSUME ALL RISK THAT THE INFORMATION AND MATERIALS ON THIS SITE MAY BE INCOMPLETE, INACCURATE, OUT-OF-DATE, OR MAY NOT MEET YOUR NEEDS OR REQUIREMENTS.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You are responsible for checking your local laws for any restrictions or limitations regarding the exclusion of liability.
Except as otherwise set forth herein, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Arbitration Law and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and we may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged only as provided under applicable law.
You and we agree that any arbitration shall be limited to the Claim between Fantasy and you individually. YOU AND COMPANY AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
You and Fantasy agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, or unauthorized use; and (c) any claim for equitable relief.
All fees and costs of the arbitration will be charged pursuant to the decision of the arbitrator.
Applicable Law; Jurisdiction. You agree that any Claim which is not subject to binding arbitration, as set forth in these Terms, or in any event in which a court, in any jurisdiction, may determine that the above arbitration clause is unenforceable, any Claim and these Terms will be subject solely to the laws of the State of Israel. Any Claim not subject to binding arbitration, as set forth above, shall be submitted exclusively to the jurisdiction of the competent court in the district of Tel Aviv, Israel.
Changes. We reserve the right to update, change or amend these Terms from time to time, with or without notice. If so, we will post the updated Terms on the Site. We encourage you to review the Terms regularly for any changes. Your continued use of our services and the Site will be subject to the then-current terms of service. If any modification is unacceptable to you, you may cease using the services and the Site at any time. If you do not cease using the services and the Site, you will be deemed to have accepted those modifications.
How to Contact Us. If you have any questions or concerns about the Terms for this Site or its implementation you may contact us at through the functionality made available through the Site.
If you need any assistance contact us at Support@fantastadvantage.com.
Last updated: February 20, 2019 .