We reserve the right to make changes to or discontinue any features or services offered on or through the Site at any time and without notice. We may also discontinue providing access to the Site, or any part thereof, with or without notice. You will receive a refund of any credits do you on your account in the event that we discontinue access to the Site.
You Must Register to in order to participate in a trades on the Site, you must register for an account. By registering as a user of the Site, you agree to provide accurate, current and complete information about yourself as requested and maintain and update this information as necessary from time to time. We reserve the right to deny you access to the Site if we determine that the information you have provided is not accurate or complete.
Activation of Username and Password, Security
When you register an account with us, you must provide an email address and Username and Password to be used with your account. The Username and Password will enable you to access certain areas on our Site that are restricted to registered participants. 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 us of any unauthorized use of your Username and Password, or your account; and (c) use only your Username and Password and not those of any other person. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
YOU ARE RESPONSIBLE FOR EVERYTHING ASSOCIATED WITH THE USE OF YOUR USERNAME AND PASSWORD BY SOMEONE OTHER THAN YOU. IF YOU BELIEVE YOUR USERNAME OR PASSWORD HAS BEEN LOST, STOLEN, OR IS OTHERWISE BEING USED WITHOUT YOUR AUTHORITY, YOU MUST NOTIFY US IMMEDIATELY.
You acknowledge and agree that we are authorized to act on instructions received through use of your Username and Password, and that we may, but are not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason.
Option to Receive Communications
We may from time to time send communications to you related to content on our Site. 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 us at contact@TradeDebate.com.
You acknowledge, consent and agree that TradeDebate.com may access, preserve and disclose your account information 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 365FantasySports, its users and the public.
Disqualification of Participants for Misconduct on our Site.
We reserve the right, in our sole discretion, to disqualify you or any other participant or entrant from our service if you engage in conduct that we deem to be improper, unfair or otherwise adverse to the operation of the service or in any way detrimental to other participants or entrants. The type of conduct that may be improper under this term includes, but is in no way limited to: falsifying personal information required to use the service or claim a prize; violating any of these rules, accumulating points or prizes through unauthorized methods such as automated scripts or other automated means; tampering with the administration of the service or trying to in any way tamper with the computer programs associated with this service; obtaining other participants' or entrants' information; spamming; and abusing the Site in any way. You also acknowledge that the forfeiture and/or return of any prize shall in no way prevent TradeDebate from pursuing criminal or civil proceedings in connection with such conduct.
NO ILLEGAL GAMBLING OF ANY KIND.
In addition to the foregoing prohibitions, you may not use the Site for any form of illegal gambling.
We are not responsible for: any incorrect, invalid or inaccurate entry 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 an entrant to participate in the service), including without limitation any injury or damage to any entrant's or any other person's computer equipment relating to or resulting from participation in the service; inability to access any website, or any web pages of TradeDebate; theft, tampering, destruction, or unauthorized access to, or alteration of, entries 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 phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
We are also not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason the service is not capable of running as originally planned, or if the service or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer (or similar) virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in our sole opinion, corrupts or affects the administration, security, fairness, integrity or proper conduct of the service, we reserve the right, in our sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, we will post a notice on the Site.
No professional sports league nor any team associated with any professional sports league is a sponsor or in any way affiliated with this service.
Additionally, 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 we may use to prevent or restrict access to the Site; (4) use artificial means, including creating multiple user accounts, to inflate your position and standing with the Site's leader boards and community; (5) advertise to, or solicit, any user to buy or sell any products or Site, or use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; or (6) sell or otherwise transfer your profile.
You understand that all 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, not TradeDebate, 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 TradeDebate be liable in any way for any User Content uploaded, posted, shared, emailed, transmitted or otherwise made available via the Site.
You acknowledge that we may or may not pre-screen User Content, but that TradeDebate 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, TradeDebate and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in our sole discretion. You understand that by using the Site, you may be exposed to User Content that you may consider to be 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 TradeDebate an irrevocable, fully sub-licensable, perpetual, world-wide, 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. We reserve the right, but we have no obligation, to monitor disputes between you and other users.
By using the Site, you agree to release and to hold harmless TradeDebate and each of their respective parents, subsidiaries, affiliates and agencies, as well as the officers, directors, 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 participation in the service, and claims based on publicity rights, defamation or invasion of privacy.
You expressly understand and agree that your use of the 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 WARRANTY 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 we have 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 TradeDebate from all liability for you having acquired or not acquired Content through the Site or on the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. TradeDebate makes no representations concerning any content contained in or accessed through the Site, and TradeDebate will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
TradeDebate cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TradeDebate will not be liable for any loss or damage caused by a distributed denial-of-service attach, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or any website linked to it.
TradeDebate hereby disclaims all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
You understand and agree that TradeDebate shall not be liabile 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 TradeDebate 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, TradeDebate'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 TradeDebate for general use of the site during the term of your resignation for the site.
All title, ownership and intellectual property rights in and to the Site are owned by TradeDebate 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 TradeDebate, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part.
The Site provides, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that TradeDebate is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that TradeDebate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms or this Agreement.
We may, in appropriate circumstances and in our discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent a Notice containing the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the site; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
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 below, shall be settled by binding arbitration in accordance with the American Arbitration Association ("AAA") Commercial Arbitration Rules ("AAA Rules"), and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"). The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The state where any such arbitration proceeding shall occur shall be exclusively in Florida.
You and TradeDebate agree that the following disputes are not subject to this binding arbitration provision: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or TradeDebates' intellectual property rights; and (2) any claim for injunctive relief.
The Terms and the relationship between you and TradeDebate shall be governed by the laws of the State of Florida without regard to conflict of law provisions.
These Terms constitute the entire agreement between you and TradeDebate with respect to the Site and supersedes any prior agreements, oral or written, between you and TradeDebate.
Waiver and Severability of Terms
The failure of TradeDebate 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 remain in full force and effect.
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 section titles in the Terms are for convenience only and have no legal or contractual effect.
Legal statement // Terms, conditions, and disclaimers
In no way does TradeDebate.com or any of our individual writers claim to be a source in terms of a photograph, statistic, or fact. We use and analyze the sources and facts surrounding MLB, NBA, and the NFL for our enjoyment and as a means to express our opinion. We try to provide as accurate, timely, and fair information as possible, and will credit accordingly; however, we also do not guarantee that every single tidbit of information we provide is 100% accurate. This site may contain links to other sites on the Internet. These links are provided for your convenience. Links to another side do not constitute our approval or endorsement of that site or its products or advertisements. We do not claim the rights of any photograph or video posted on the homepage or the page of any individual article. We are not here to defame anybody, and any negative input we may have is purely constructive for any player or person mentioned in a post.