Dynasty Depot Terms of Service
Last Updated: September 9, 2020
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 26
The following Terms of Service (“Terms”) set forth the terms and conditions of the agreement between you, an individual user (“You”) and Dynasty Depot Sports LLC (“Dynasty Depot™”) in conjunction with Dynasty Depot™’s auction services for already-drafted dynasty fantasy sports teams (“the Service”) through our website or app (collectively, the “Site”), and govern your rights and responsibilities with respect to your use of the Service.
Dynasty Depot™ is a marketplace that allows users to offer and sell (in this capacity, “Seller”) and buy (in this capacity, “Buyer”) already-drafted fantasy sports teams participating in dynasty leagues (“Team”). The actual contract for sale is directly between Seller and Buyer. Dynasty Depot™ does not own the Teams sold on the Site. Dynasty Depot™ is not a traditional auctioneer. Any guidance we provide as part of the Service, such as pricing, listing and sourcing, is solely informational (without any warranty as to accuracy) and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through the Service, Dynasty Depot™ has no control over and does not guarantee: the existence, quality, or legality of the Team advertised; the likelihood of winning or any specific outcomes of the Team advertised; the truth or accuracy of users’ content or listings; the ability of Sellers to sell any Team; the ability of Buyers to pay for any Team; or that a Buyer or Seller will actually complete a transaction. Dynasty Depot™ shall have sole and absolute discretion in determining its auction rules and selecting winners of these auctions. Further, Dynasty Depot™ shall be the sole arbiter of disputes over who wins each auction.
ACCEPTANCE OF TERMS
By accessing the Site and using any part of the Site or Service, you agree to be bound by these Terms. It is your responsibility to review these Terms regularly to determine whether they have changed. If you do not agree to all of the Terms, then you may not access the Site or attempt to use our Services.
TERMS REPRESENT ENTIRE AGREEMENT
MODIFICATION OF TERMS
Dynasty Depot™ reserves the right, at its sole discretion, to modify or replace the existing Terms at any time. Each time we modify or replace the Terms, we will note the month and year of the most recent update at the top of this document. Should any change in Terms occur, you shall be responsible for reviewing and becoming familiar with any such modifications. Your continued use of the Dynasty Depot™ Site and Service upon any change or modification of the Terms constitutes your constructive acknowledgement and acceptance of these modifications. If you do not agree to any such modifications we may make to the Terms from time to time, your only recourse is to discontinue your use of our Site and Services.
By using our Site or Service, you hereby represent and warrant that you are a natural person (corporate entities and similar organizations are not eligible to use the Dynasty Depot™ Service) and you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and to abide by and comply with these Terms.
Further, you represent and warrant that:
i) You are the age of majority in your jurisdiction of residence (this is at least 18 in most states of operation, and 19 years of age in Nebraska).
ii) You are a citizen or resident of the United States of America and you have an address in the United States of America. (For purposes of clarity, citizens and residents of Puerto Rico are not eligible).
iii) You are physically located in the United States of America and reside in a jurisdiction in which participation in any auction you choose to participate in, and any fantasy sports league you seek to enter, is allowed by applicable law.
iv) For auctions related to fantasy teams in contests that include entry fees and prizes, YOU, AS EITHER A SELLER OR PROSPSECTIVE BUYER, ARE NOT A CITIZEN OR RESIDENT, NOR ARE YOU PRESENTLY LOCATED, OF ANY OF THE FOLLOWING STATES: ARIZONA; IDAHO; IOWA; LOUISIANA; MONTANA; OR WASHINGTON. IN ADDITION, YOU ARE NOT A RESIDENT OF PUERTO RICO. In addition, you are not the resident of, or presently located, any state in which it is illegal for you to participate in the underlying fantasy sports contest, or whether the underlying fantasy sports contest requires a license to accept participants based on your jurisdiction and no license, at present, has been secured.
v) You will establish only one account to participate in the Services offered on the Dynasty Depot™ Site, and only you will operate the account.
vi) You will not, in any way, attempt to use this Site in conjunction with any form of direct or indirect gambling activity that is illegal in either the state of any auction seller or proposed buyer.
vii) If you are a buyer, you will use reasonable best efforts to ensure the fantasy sports host providers transfers all access and information pertaining to your team, to the designated auction winner.
viii) You will abide at all times by these Terms and any other agreements between you and Dynasty Depot™.
ix) You are not an athlete or individual who participates or officiates in a game or competition that is the subject of the fantasy sports competition, nor are you a sports agent, team employee, referee or league official associated with a sport or athletic event that is the subject of the fantasy sports contest.
If any of the above representations and warranties are not met, in addition to any other rights and remedies available under law or equity, Dynasty Depot™ reserves the right to suspend or terminate your account; remove, not display, and/or demote listings; and to revoke or withhold the transfer of any Team associated with your account.
Further, in the event that Dynasty Depot™ discovers that you have opened more than one account or made false representations about your status or eligibility to purchase a Team under these terms, in addition to any other rights that Dynasty Depot™ may have, Dynasty Depot™ reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the transfer of any Team.
As a condition of use, you agree not to use the Site or Service for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Dynasty Depot™. In addition, you agree not to abuse, harass, impersonate, intimidate or threaten other Dynasty Depot™ users; not to use the Site for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws; not to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Dynasty Depot™ user; and not to create or submit unwanted email (“Spam”) or other form of digital messaging to any other Dynasty Depot™ user(s). You will also not disclose, sell, rent, or distribute any such information for purposes unrelated to the Services.
Further, you agree not to submit comments discussing or linking to affiliate programs, multi-level marketing schemes, personal business ventures, or off-topic content; not to post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and not to use any robot, spider, scraper or other automated means to access the site for any purpose (except for RSS feed access) without our express written permission.
Additionally, you agree that you will not: use the Service if you are not able to form legally binding contracts (for example, if you are under 18 years old) or are temporarily or indefinitely suspended from using the Service, or are a person with whom transactions are prohibited under economic or trade sanctions; fail to pay for any Team purchased by you, unless you have a valid reason as set out elsewhere in these Terms, for example, where the Seller has materially changed the Team’s description after you bid, a clear typographical error is made, or you cannot contact the Seller; fail to deliver any Team sold by you, unless you have a valid reason as set out elsewhere in these Terms, for example, the Buyer fails to comply with the posted terms in your listing or you cannot contact the Buyer; or manipulate the price of any Team or interfere with any other user’s listings.
When selling a Team, the Seller must set a price for which they are willing to sell their Team. A Seller may modify (e.g. raise or lower the sales price) or delete their listing at any time until the Team has been sold. By listing a Team for sale, a Seller is making a binding offer to sell that Team to a Buyer who wins the auction. When a Buyer accepts a Seller’s offer by purchasing their Team through the Site, the Seller is contractually obligated to deliver that exact Team for the winning bid amount and within the required delivery timeframe.
When purchasing on a Team, the Buyer is responsible for reading the complete listing before placing a bid in any action. If a Buyer’s bid is accepted, the Buyer is entering into a binding contract with the Seller to purchase the Team. Additional terms communicated to the Buyer by the Seller may apply. Payment is remitted to Dynasty Depot™ and distributed to the Seller in accordance with these Terms. All sales are final. You cannot change or cancel a bid once it has been accepted.
Offering to buy or sell a Team outside of Dynasty Depot™ is strictly prohibited. Buyers and Sellers cannot share contact information, including email addresses and phone numbers, prior to completing a transaction on Dynasty Depot™. Specifically, you agree that you will not: engage in any action with a user on the Site designed to complete or facilitate a transaction outside of Dynasty Depot™; share or request direct contact information prior to completing a sale (except where a specific auction allows the Seller to provide their email address or phone number for the purpose of answering a question related to the Team); refer to or promote external websites that facilitate sales outside of Dynasty Depot™; use contact information obtained through a Dynasty Depot™ action to offer to buy or sell a Team outside of Dynasty Depot™; list a Team and then mention or link to the Team for sale outside of Dynasty Depot™; or host Team descriptions outside of Dynasty Depot™. Buyers and Sellers should complete Team purchases on Dynasty Depot™ in order to receive any protections offered by Dynasty Depot™.
If we believe that you are violating our policy prohibiting offers to buy or sell outside of Dynasty Depot™, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, recovery of expenses for policy monitoring and enforcement, and legal action against you for unjust enrichment. If you are a Seller and you offer or reference your contact information or ask a Buyer for their contact information in the context of buying or selling outside of Dynasty Depot™, you may be liable to pay a fee applicable to the sale of the Team, even if the Team does not sell.
Finally, you agree that you will not: (1) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (3) bypass any measures Dynasty Depot™ may use to prevent or restrict access to the Site.
Violation of our rules may result in the removal of your content from the Site and/or the cancellation of your account, among other remedies that may be available in law or equity. You acknowledge and agree that Dynasty Depot™ may remove any User Content and terminate any Dynasty Depot™ account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content). IN ADDITION, ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE THE SITE OR SERVICE OR TO UNDERMINE THE LEGITIMATE OPERATION OF OUR AUCTIONS IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT OCCUR, DYNASTY DEPOT™ RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT AVAILABLE BY LAW. YOU FURTHER CONSENT TO ENTRY OF AN INJUNCTION AGAINST YOU TO BAR ANY SUCH THREATENED OR ACTUAL ATTEMPT, WITHOUT THE NEED FOR DYNASTY DEPOT™ TO POST BOND.
To report abuse of the Site or Service, or violation of these Terms, or to report the cancellation of your account, listings, purchase or sale which you believe was made in error, please contact us at firstname.lastname@example.org
You understand that all content created or posted by users of either the Site or Service (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Site. Under no circumstances will Dynasty Depot™ be liable in any way for any User Content uploaded, posted, shared, emailed, transmitted or otherwise made available via the Site.
You represent that you will not use the Site or Service to post, share, email, transmit, or otherwise make available via the Site, or cause to be posted, shared, emailed, transmitted, or otherwise made available via the Site, any User Content that are: infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, vulgar, or otherwise in violation of any law or right of any third party; or that infringe upon the intellectual property rights of Dynasty Depot™, its users, or any third party. You agree at all times to defend, indemnify and hold harmless Dynasty Depot™, their affiliates, successors, transferees, assignees, and licensees, and their respective parent and subsidiary companies, agencies, associates, officers, directors, members and employees of each, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees, arising out of or related to your breach of any obligation, warranty, representation, or convenient set forth herein.
You acknowledge that Dynasty Depot™ may or may not pre-screen User Content, but that Dynasty Depot™ and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Content available via the Site. Without limiting the foregoing, Dynasty Depot™ and its designees shall have the right (but not the obligation) to remove any User Content that violates these Terms or is otherwise objectionable in Dynasty Depot™’s sole discretion. You understand that by using the Site, you may be exposed to User Content that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any content available on or through the Site.
With respect to User Content you submit or make available on the Site, you grant Dynasty Depot™ a perpetual, irrevocable, fully sub-licensable and transferable, worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Site. Dynasty Depot™ reserves the right, but has no obligation, to monitor disputes between you and other users.
When listing a Team for sale on the Service, you agree to comply with all of our policies related to the User Content associated with such listing, and to make best efforts to ensure the hosting site for the team transfers ownership from you to the new owner. Moreover, and without limitation, you agree to assume full responsibility for the Team offered and the accuracy of the User Content contained in the listing, including, without limitation, your description of the Team; that your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Dynasty Depot™ cannot guarantee exact listing duration; that the appearance or placement of your listing in search and browse results will depend on a number of factors, including, without limitation, Buyer search queries; that your listing may not appear in some search and browse results regardless of the sort order chosen by the Buyer; User Content contained in a listing that violates any of Dynasty Depot™’s policies as set forth in the Terms may be modified, obfuscated or deleted at Dynasty Depot™’s sole and absolute discretion; and that Dynasty Depot™ may (but is not obligated to) revise User Content contained in a listing to supplement, remove or correct information, including, without limitation, the removal or alteration metatags and URL links that are included in a listing so as to not affect third-party search engine results.
RIGHTS TO USE OF YOUR PERSONAL INFORMATION
Both Auction sellers and Auction winners agree that, from the date of notification of their status as a potential seller or winner, and continuing until such time when notified that they no longer need to do so, they will make themselves available to Dynasty Depot™ for publicity, advertising and promotional activities relating to any auction in which they participate.
REGISTRATION FOR ACCOUNT
In order to use our Site or Service, you must register for an account. By registering as a user, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and to maintain and promptly update the Registration Data to keep it accurate, current and complete. Furthermore, you will not take any steps to mask or mislead about your identity, location or demographic information. If you provide any information that is inaccurate, not current or incomplete, or Dynasty Depot™ has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Dynasty Depot™ may deny you access to areas requiring registration, at its sole discretion.
ACCOUNT PASSWORD AND SECURITY
At the time of registering for an online account, you must provide a valid email address and supply a username and password to be used in conjunction with your account. Many portions of the Site require registration for access. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all uses of your username and password, whether by you or others. You agree to (a) keep your username and password confidential and not share them with anyone else; (b) immediately notify Dynasty Depot™ of any unauthorized use of your username and password or account or any other breach of security; and (c) use only your username and password to access the Site’s Restricted Areas. IF THERE IS UNAUTHORIZED USE OF YOUR ACCOUNT, YOU WILL BE LIABLE FOR THE LOSSES INCURRED BY YOURSELF, DYNASTY DEPOT™ AND OTHERS DUE TO ANY UNAUTHORIZED USE.
COMMUNICATIONS AND DISCLOSURES
As a result of your registration for the Service, you may receive certain commercial communications from Dynasty Depot™. You understand and agree that these communications are part of your registration, and that you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to email@example.com. Even if you unsubscribe from commercial communications, you will continue to receive transactional messages from Dynasty Depot™. These transactional messages may include information related to your participating in an auction for which you have entered, such as entry confirmations, or your wins or losses in connection with any such auctions.
You acknowledge, consent and agree that Dynasty Depot™ may access, preserve and disclose your Registration Data and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce these Terms; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of Dynasty Depot™, its users and the public.
DISQUALIFICATION OF USERS
Dynasty Depot™, in its sole discretion, may disqualify any user from the Site or Service, refuse to transfer a Team, and require the return of any Team, if a user engages in conduct Dynasty Depot™ deems to be improper, unfair or otherwise adverse to the operation of the Site or Service or in any way in violation of any state of federal law or detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information required to use the Service or to claim a Team; accumulating, or attempting to win an auction through unauthorized methods such as automated scripts or other automated means; attempting to secure the sale of a Team to, or the purchase of a Team by, anyone based on a jurisdiction where operation such fantasy team would amount to a violation of either state or federal law; tampering with the administration of the Service or trying to, in any way, tamper with the computer programs associated with this Service; obtaining other users’ information and spamming other users; engaging in collusion with other auction participants; abusing the Dynasty Depot™ Site in any way; or using language that in the sole discretion of Dynasty Depot™ is deemed offensive, intimidating, or in violation of the spirit of building a healthy and friendly auction environment. You further acknowledge that the forfeiture and/or return of any Team shall in no way prevent Dynasty Depot™ from pursuing criminal or civil proceedings in connection with such conduct.
You will not hold Dynasty Depot™ or its owners, members, employees, or affiliates responsible for: any incorrect, invalid or inaccurate listing information; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to, software and operating systems that do not permit a user to participate in the Service), including without limitation any injury or damage to any user’s or any other person’s computer equipment relating to or resulting from participation in the Service; inability to access the Site, or any web pages of Dynasty Depot™; theft, tampering, destruction, or unauthorized access to, or alteration of, bids and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s facilities, or any site for any other reason whatsoever; typographical, printing or other errors; or any combination thereof.
Dynasty Depot™ and any owners, members, employees, or affiliates are also not responsible for incomplete, illegible, misdirected or stolen bids. If for any reason the Service is not capable of running as originally planned, as well as if the Site or Service becomes corrupted or does not allow for the proper usage and processing of bids in accordance with the rules, or if infection by a computer (or similar) virus, bugs, tampering, unauthorized intervention, actions by users, fraud, technical failures, or any other causes of any kind, in the sole opinion of Dynasty Depot™ corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service, Dynasty Depot™ reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Service, and select the Buyer from all eligible bids received or alternatively invalidate the auction, whatever Dynasty Depot™, in its sole discretion, deems appropriate under the circumstance. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Dynasty Depot™ Site.
From time to time servers may overload and data may be lost. Dynasty Depot™ assumes no responsibility for the occasional loss of data, irrespective of whether this loss is temporary or permanent in nature.
Dynasty Depot™ does not guarantee that any Team will sell or that a Seller’s listing will appear on the Site within a certain time after it is posted or in a particular order or through search results. Dynasty Depot™ will not, for any reason, provide compensation for Teams that do not sell, even if it is due to Site unavailability from an outage or maintenance or listing delays.
The failure of Dynasty Depot™ to comply with any provision of these rules due to an act of god, hurricane, war, fire, riot, earthquake, terrorism, pandemic, act of public enemies, actions of governmental authorities outside of the control of Dynasty Depot™ (excepting compliance with applicable codes and regulations) or other Force Majeure event will not be considered a breach of these Terms.
TAXATION AND FEES
All parties shall be responsible for paying any applicable taxes or fees administered by any local, state, or federal government in conjunction with engaging in such transactions. In addition, Dynasty Depot™ may charge fees for selling and/or buying Teams through our Site and/or otherwise using our Services, as well as delivery or fulfillment fees (collectively referred to as “Service Fees”).
The fees Dynasty Depot™ charges for use of the Services are listed on our Service Fees pages. Dynasty Depot™ reserves the right to revise or change Seller fees at any time, including after you list your Team for auction. Any applicable Service Fees including any taxes, if known and applicable, will be disclosed to you prior to listing or buying a Team. Dynasty Depot™ may charge and/or retain Service Fees if you do not fulfill your contractual obligations under these Terms. It is the user’s obligation to check the Service Fees in place at the time a transaction is made on the Site.
The Seller of any Team shall be responsible for transaction fees arising out of all sales made using the Service, even if sale terms are finalized or payment is made outside of Dynasty Depot™. In particular, if a Seller offers or references your contact information or asks a Buyer for their contact information in the context of buying or selling outside of Dynasty Depot™, the Seller may be responsible for the payment of a selling fee applicable to the Team even if the Team does not sell, given that the Seller has used the Service for the introduction to that potential Buyer.
Payments received from Buyers for Teams purchased via the Site are processed by Dynasty Depot™ on behalf of the Seller and credited to Seller via the payment method identified in the Seller’s Registration Data Seller appoints Dynasty Depot™ as its limited payment collection agent solely for the purpose of accepting funds from Buyer on behalf of Seller. Seller agrees that any payment made by Buyer to Dynasty Depot™ shall be considered the same as a payment made directly to Seller, and Seller will make the Team available to Buyer in the agreed-upon manner as if Seller had received the payment directly from Buyer. Except as provided elsewhere in these Terms, Seller understands that Dynasty Depot™’s obligation to pay Seller is subject to and conditional upon successful receipt of the associated payments from Buyer. Except as provided elsewhere in these Terms, Dynasty Depot™ guarantees payments to Seller only for such amounts that have been successfully receives by Dynasty Depot™ from Buyer. In accepting appointment as the limited payment collection agent of Seller, Dynasty Depot™ assumes no liability for any acts or omissions of the Seller.
Payments from Buyers are due and payable immediately upon acceptance of their winning bid. A Buyer can pay the full amount which includes any applicable Service Fees and taxes using one of the accepted payment methods described on our site. A Buyer’s obligation to pay for a Team is satisfied when Dynasty Depot™ has received payment in full.
Users must maintain an up-to-date payment method in their Registration Data when using through the Service, and pay all fees and applicable taxes associated with the Service by the applicable payment due date. If a payment method fails or a user’s account is past due, Dynasty Depot™ may collect amounts owed by charging other payment methods on file, retain collection agencies and legal counsel, suspend or terminate your access to the Services, and for accounts over 60 days past due, request that PayPal deduct the amount owed from your PayPal account balance. In addition, you will be subject to late fees. Dynasty Depot™ or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on a user account may be reflected in that user’s credit report. If you wish to dispute the information reported by Dynasty Depot™ to a credit bureau, please contact us at firstname.lastname@example.org. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Dynasty Depot™ account, you must contact the collection agency directly.
In any jurisdiction where Dynasty Depot™ has an obligation to collect sales taxes on sales made using the Service, Dynasty Depot™ may collect sales taxes from a user via the payment method provided in their Registration Data, in accordance with the terms of any billing agreement we have with the user, or by any other means available.
NON-AFFILIATION WITH ANY SPORTS LEAGUE OR PLAYERS ASSOCATION
Dynasty Depot™, as well as its Site and Service, is not in any way affiliated with any professional or amateur sports league or sports league, or with any players association or collection of players. The use of sports players’ names in conjunction with their statistics in our auctions is intended for informational purposes only and should not be construed as an endorsement of any Team. In addition, except where indicated otherwise in clear language of the website, Dynasty Depot™ is not affiliated with any specific fantasy sports host or contest provider site.
By using the Dynasty Depot™ Service or accepting any BID OR TEAM, you agree to INDEMNIFY, DEFEND, release and to hold harmless Dynasty Depot™ and each of Its subsidiaries, affiliates and agencies, as well as the officers, directors, OWNERS, MEMBERS, employees, shareholders and representatives of any of the foregoing entities from any and all liability, claims or actions of any kind whatsoever, including, but not limited to, for injuries, damages or losses to persons and property which may be sustained in connection with YOUR USE OF THE SITE, participation in the Service, the receipt, ownership, use or misuse of any team and claims based on publicity rights, defamation or invasion of privacy.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DYNASTY DEPOT™ DISCLAIMS ALL WARRANTIES–STATUTORY, EXPRESS OR IMPLIED–INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PRORPIETARY RIGHTS.
Further, you expressly understand and agree that your use of the SERVICE, CONTENT, AND Site is at your sole risk. The Site is provided on an “AS IS” and “as available” basis. The Service, content, and Site are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that Dynasty Depot™ has no control over, and no duty to take any action regarding: which Users gain access to the Site or use the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Dynasty Depot™ from all liability for youR having acquired or not acquired Content through the SERVICE or the Site. The Site may contain or direct you to Sites containing information that some people may find offensive or inappropriate. Dynasty Depot™ makes no representations concerning any content contained in or accessed through the SITE and Dynasty Depot™ will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICE IS DONE AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF DOWNLOADED MATERIAL.
DYNASTY DEPOT™ CANNOT GUARANTEE THAT ANY FANTASY SPORTS HOST SITE WILL APPROVE THE TRNASFER OF OWNERSHIP OF ANY FANTASY SPORTS TEAM FROM SELLER TO BUYER OR MAKE ALL NECESSARY UPDATES TO FACILITATE BUYER’S FULL ACCESS TO ALL OR PART OF THE LEAGUE’S HOST SITE FOR PURPOSES OF ACCESSING FANTASY TEAM ROSTERS OR ENGAGING IN ANY RELATED ACTIVITIES PURSUANT TO FANTASY TEAM OWNERSHIP.
DYNASTY DEPOT™ TRIES TO OFFER RELIABLE TEAM DATA, BUT CANNOT PROMISE THAT THE CONTENT PROVIDED THROUGH THE SERVICE WILL ALWAYS BE AVAILABLE, ACCURATE, COMPLETE, OR UP-TO-DATE. YOU AGREE THAT DYNASTY DEPOT™ IS NOT RESPONSIBLE FOR EXAMINING OR WARRANTING THE LISTINGS OR CONTENT PROVIDED BY THIRD PARTIES THROUGH THE SERVICE, AND THAT YOU WILL NOT ATTEMPT TO HOLD DYNASTY DEPOT™ LIABLE FOR ANY INACCURACIES.
WHEN PURCHASING AN ALREADY-DRAFTED FANTASY SPORTS TEAM PARTICIPATING IN A DYNASTY LEAGUE (“TEAM”), YOU ACKNOWLEDGE AND AGREE THAT ANY REPRESENTATIONS RELATED TO PAST RESULTS ARE NOT INTENDED TO SUGGEST, AND DO NOT GUARANTEE, ANY FUTURE WINNINGS. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR READING THE FULL TEAM LISTING BEFORE MAKING A BID OR COMMITTING TO BUY; YOU ENTER INTO A LEGALLY BINDING CONTRACT TO PURCHASE A TEAM WHEN YOU COMMIT TO BUYING A TEAM, YOUR OFFER FOR THE TEAM IS ACCEPTED, OR IF YOU HAVE THE WINNING BID (OR YOUR BID IS OTHERWISE ACCEPTED); DYNASTY DEPOT™ DOES NOT TRANSFER LEGAL OWNERSHIP OF TEAMS FROM THE SELLER TO THE BUYER; AND CERTAIN STATE LAWS, INCLUDING LAWS PERTAINING TO THE ELIGIBILITY TO PARTICIPATE IN FANTASY SPORTS CONTESTS, MAY APPLY TO THE TRANSFER OF OWNERSHIP OF A TEAM VIA THE SERVICE.
- LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT, UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, SHALL DYNASTY DEPOT™ BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DYNASTY DEPOT™ HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DYNASTY DEPOT™’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DYNASTY DEPOT™ FOR GENERAL USE OF THE SITE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR AUCTIONS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM. THIS LIMITATION ON LIABILITY SHALL EXTEND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS.
- OUR PROPRIETARY RIGHTS
All title, ownership and intellectual property rights in and to the Site and Service are owned by Dynasty Depot™ or its licensors. You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Dynasty Depot™, you agree not to modify, rent, lease, loan, sell, publicly display, distribute or create derivative works based on the Site or Service, in whole or in part.
- LINKS TO THIRD PARTY SITES
Dynasty Depot™ may terminate or suspend the Site and any and all Services and your Dynasty Depot™ account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Site will immediately cease, and all rights under this contract shall cease other than those deemed to survive termination under Section 34 of the Terms.
In addition, if you are the parent or guardian of a minor (this is someone under 18 in most states, under 19 years of age in Nebraska) who you believe has accessed out site for the purpose of entering into auctions, we will close that account immediately. The best way to contact us about terminating such an account is by emailing us at email@example.com.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms. This means, among other things, that you agree, to the full extent permissible by law, no third party shall have any rights to bring claims arising out of these Terms on your behalf or to claim for themselves rights that are afforded to you under this agreement.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Dynasty Depot™ may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you are a copyright owner, or an agent of a copyright owner, and believe that any content infringes upon your copyrights, you may submit notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated Copyright Agent, with the following information in writing (see 17 USC 512(c)(3)): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Dynasty Depot™’s designated Copyright Agent to receive notifications of claimed infringement can be reached at firstname.lastname@example.org.
CHOICE OF LAW
You agree that any claim you may have against Dynasty Depot™, irrespective of whether the claim that is brought arises under contract, tort or other legal theory, shall be interpreted exclusively under the law of the State of New York. No user of this Site, successor in interest, or any other party seeking to bring suit on behalf of the interests of a user may attempt to argue any state law claims under any theory other than the State of New York. THIS CHOICE OF LAW CLAUSE SHALL APPLY WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES AND IRRESPECTIVE OF THE UNDERLYING CAUSE OF ACTION.
ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT:
Any controversy or claim arising out of, in connection with, or in any way relating to the Terms, with the exception of those controversies or claims specifically excluded in the following paragraph, shall be settled by a single arbitrator from the American Arbitration Association (“AAA”), in connection with AAA rules. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Any such arbitration shall be held within a fifty mile radius of Philadelphia, PA.
You and Dynasty Depot™ agree that the following types of disputes are not subject to this binding arbitration provision: (1) any disputes seeking to enforce or protect, or concerning the validity of either any of your intellectual property rights or Dynasty Depot™’s intellectual property rights; (2) any claim for injunctive relief; and (3) any type of dispute that is not eligible for arbitration based upon the applicable law of New York as governs these Terms.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879.
In addition, you and Dynasty Depot™ agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND DYNASTY DEPOT™ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: email@example.com. The notice must be sent within 30 days of your first use of the Service. Otherwise you shall be bound to arbitrate disputes. If you opt-out of these arbitration provisions, DYNASTY DEPOT™ also will not be bound by them.
DYNASTY DEPOT™ will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
For any dispute not subject to arbitration, or where no election to arbitrate has been made, you and Dynasty Depot™ agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located within a fifty mile radius of Philadelphia, PA. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
WAIVER AND SEVERABILITY AND TERMS
The failure of Dynasty Depot™ to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you under any circumstances, but may be assigned by Dynasty Depot™ without restriction. Any assignment attempted to be made in violation of these Terms shall be deemed void. In addition, you agree that to the fullest extent permissible by law, no third party shall have any rights to bring claims arising out of these Terms on your behalf or to claim for themselves rights that are afforded to you under this agreement.
Except as otherwise described herein, you agree that no joint venture, partnership, employment, or agency relationship of any kind exists between you and Dynasty Depot™, and that no such relationship is created or established by these Terms. YOU FURTHER ACKNOWLEDGE THAT BY SUBMITTING USER CONTENT TO DYNASTY DEPOT™, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND DYNASTY DEPOT™.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The headings and section titles in the Terms are for convenience only and have no legal or contractual effect.
Dynasty Depot™ shall not be in default or otherwise liable under these Terms due to its inability to perform its obligations by reason of any fire, earthquake, flood, substantial snowstorm, epidemic, pandemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, terrorism, cyber-terrorism, embargo, war, act of God, natural disaster, or any municipal, county, state or national ordinance or law, or any executive, administrative or judicial order (which order is not the result of any act or omission which would constitute a default by Dynasty Depot™ hereunder), or any failure or delay of any transportation, power, or communications system or any other or similar cause not under Dynasty Depot™’s control (“Force Majeure”).
The following sections of these Terms shall survive the termination of the Terms and/or your account, irrespective of whether terminated by you or Dynasty Depot™: Sections 6, 8, 9, 12, 14, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 29, 30, 31 and 34.