The following terms and conditions outline the use of the FantasyData API service, and specifically requires that:
- You are an individual and will not use this service for any commercial or business purposes without the consent of FantasyData.
- FantasyData is delivering the data as-is and without any service level agreements.
- FantasyData reserves the right to alter, suspend or terminate the service, in whole or in part, at any time in the future.
TERMS AND CONDITIONS FOR USE
UPDATED: April 18, 2019
THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOUR USE OF THE VARIOUS FANTASY SPORTS PRODUCTS CONTAINED, DESCRIBED AND OFFERED ON THIS WEBSITE, INCLUDING,
BUT NOT LIMITED TO ANY AND ALL DATA PROVIDED HEREBY AND/OR SERVICES DELIVERED IN CONNECTION HEREWITH, AND THE LOOK AND FEEL OF ANY AND ALL MATERIALS (ELECTRONIC OR OTHERWISE)
PURSUANT THERETO (COLLECTIVELY, “COMPANY PROPERTY”), ALL OF WHICH ARE OWNED BY FANTASYDATA LLC (“COMPANY”). ANY AND ALL USE OF COMPANY PROPERTY IS AT ALL TIMES LIMITED TO
USE (i) BY INDIVIDUAL PERSONS ONLY, STRICTLY ON BEHALF OF THEMSELVES AND NO OTHER PERSONS OR ENTITIES (“PERSONAL CONSUMER”) AND (ii) FOR PERSONAL USE OR PERSONAL GAIN AND
NOT FOR ANY DIRECT OR INDIRECT BUSINESS OR COMMERCIAL PURPOSE WHATSOEVER (“PERSONAL USE”).
The terms and conditions listed below govern the use of Company Property. The terms “you” and “your” herein shall mean the present user and
beneficiary of Company Property acknowledging these terms and conditions as a Personal Consumer for Personal Use at all times.
GRANT OF RIGHTS; ACCESS; RESTRICTIONS ON USE
- You have certified to Company that you are in fact a Personal Consumer upon which certification Company is relying and granting a limited, nonexclusive, nontransferable, fixed-term, access only license to Company Property via the electronic delivery formats more fully described on the Company’s website; provided, however, that you are and remain fully responsible and liable for all acts and omissions with respect to any breaches hereunder.
- You shall not provide access to any Company Property or any paper or digital document generated by using Company Property to any other individuals or entities who do not independently have a subscription or otherwise have authorized legal access to Company Property. Company shall have the continuing right and authority to access, monitor, and audit you access to Company Property, without restriction, to the extent necessary to verify the Personal Use by a Personal Consumer and compliance herewith.
- You shall not directly or indirectly, disclose, imitate, copy, share, distribute, manipulate, deconstruct or decompile any Company Property in attempts to reverse engineer, imitate, replicate, and/or otherwise copy any Company Property or any aspect or component of Company Property. You unequivocally acknowledge and agree that the prohibited activities described herein would destroy or diminish the value of Company Property and the you further agree that liquidated damages for any breach hereunder shall be $5,000.00 per infraction, per league.
- All right, title, and interest in and to all code, technology, and software relating to Company Property, including any and all intellectual property rights arising therefrom or relating thereto belong to Company. You shall not acquire any proprietary interest in any Company Property, except the limited rights granted hereby.
- You shall not use any Company Property in any form or fashion that infringes the intellectual property rights or proprietary interests of Company. Your use of any and all Company Property must comply at all times with the Personal Use defined herein and any and all applicable laws, rules or regulations. You hereby agree that liquidated damages for any breach hereunder shall be $5,000.00 per infraction, per league.
- Company shall have the right in its absolute sole discretion at any time to terminate any and all service or subscription, in whole or in part, for any reason whatsoever (with or without cause), including but not limited to any changes in any applicable laws.
- You hereby agree and acknowledge that in accordance with the terms and conditions herewith, Company Property being provided hereunder to you as a Personal Consumer for Personal Use only and as such, you hereby fully indemnify and hold harmless Company for any and all claims for any and all matters which are in connection with the Company Property or any termination related thereto.
CONFIDENTIALITY. You are expressly prohibited from, either directly or indirectly, using or divulging, disclosing or communicating to any person, firm, or corporation, in any manner whatsoever, any confidential information of Company. As used herein, “confidential information” shall mean any and all of Company’s propriety information including and relating to Company Property (e.g., data analytics, codes, algorithms, reports, data and information which you may receive in connection herewith). You acknowledge that the confidential information of Company is of a unique and valuable character, that the unauthorized dissemination of the confidential information would destroy or diminish the value of such information and irreparably harm Company, and that the resulting damages to Company would be impossible to calculate. You hereby agree that liquidated damages for any breach hereunder shall not be less than $5,000.00 per infraction per league subscription.
DISCLAIMERS OF WARRANTIES. YOU HEREBY AGREE AND ACKNOWLEDGE THAT ANY AND ALL COMPANY PROPERTY IS (I) A CONTINUED WORK-IN-PROGRESS AND THAT ANY AND ALL UPGRADES THERETO, TOGETHER WITH ANY OTHER REVISIONS AND MODIFICATIONS MAY BE MADE BY OR AT THE DIRECTION OF COMPANY AT ANY TIME AND WITHOUT NOTICE TO YOU; (II) BEING IMPLEMENTED “AS-IS” AND WITH ALL FAULTS WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER AND COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND AS MAY BE REQUIRED BY LAW; AND (III) BEING PROVIDED TO YOU WITHOUT ANY FURTHER OBLIGATION OR GUARANTEES ON THE PART OF COMPANY WITH RESPECT TO ANY “UP-TIME”, MAINTENANCE OR SERVICE-RELATED ASSISTANCE BY COMPANY.
- Company’s failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
- These terms and conditions shall be construed in accordance with the internal substantive laws of the Commonwealth of Pennsylvania without application of or reference to its choice of law or conflict of law rules or principles.
- These terms and conditions may not be amended except by a written instrument signed by the parties.
- These terms and conditions will be enforced to the fullest extent permitted by applicable law. If any provision of these terms and conditions are held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent and (b) such invalidity or unenforceability will not affect any other provision these terms and conditions.