1. Content & Intellectual Property
All fantasy-related player salaries, player usage statistics, historical player performance, stadium weather, lines, odds, betting percentages, betting systems, fantasy trends, fantasy systems, fantasy angles, homerun rate predictions, pitcher strikeout rate predictions, stadium trends, picks, articles, text, hidden text within source code, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, music, sounds, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned by the Action Network Group or its licensors, and is protected by U.S. and international intellectual property and proprietary rights.
All trademarks appearing on this Site are the property of their respective owners, including, in some instances, the Action Network Group and/or its partner companies. Nothing contained on this Site should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos owned by the Action Network Group or by any third party.
When accessing this Site, you agree to obey the law and to respect the intellectual property rights of the Action Network Group and others. You agree that you shall be solely responsible for any violations of any applicable laws and for any infringement of third-party rights caused by any Feedback (as defined below), User Content (as defined below), and PII (as defined below) that you provide or transmit to us.
All materials contained or distributed in this website (the “Materials”) are owned by the Action Network Group or its licensors. Except for downloading one copy of the Materials on any single computer for your personal, non-commercial home use, you must not reproduce, modify, copy, publish, transmit, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of the Action Network Group and, if applicable, any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or printing the Materials. Materials may not be used in any unauthorized manner.
2. Your Use of the Site; Restrictions
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available to you through the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server of the Action Network Group, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not modify, reverse engineer, decompile, disassemble, reduce or attempt to reduce to a human-perceivable form any of the source code used in providing this Site, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of the Action Network Group, including any Action Network Group account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to PII , other than your own information, as provided for by the Site.
Accounts may not be shared and may only be used by one individual per account.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the Action Network Group’s systems or networks, or any systems or networks connected to the Site or to the Action Network Group.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site, including, but not limited to, by interfering or attempting to interfere with service to any visitor, host, or network, such as by means of submitting a virus or any other harmful component to this Site, or by overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” this Site. In addition, you agree not to use this Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services. You also agree not to frame or utilize framing techniques to enclose any aspect of this Site, such as any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form), or to use any metatags or any other “hidden text” utilizing the Action Network Group’s name or trademarks without the Action Network Group’s express written consent.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Action Network Group on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
3. Feedback & User Content
Any feedback, suggestions, questions, comments, ideas, notes, concepts, and other similar information relating to the Site or the Action Network Group that you provide to the Action Network Group (but excluding your PII) (collectively, “Feedback”) is deemed to be the Action Network Group’s proprietary information. The Action Network Group may use such Feedback for any purpose, including, but not limited to, improvement and modification of the Site, and the Action Network Group shall own all rights, title and interest in and to the Feedback and such improvements and modifications.
4. Purchases; Other Terms and Conditions
In order to prevent interruptions in service, the Action Network Group uses a recurring payment structure where memberships automatically renew until canceled by the customer. All memberships, including month-to-month, 6-month and 1-year packages automatically renew upon expiration. Once you cancel, you won’t be charged again, but you are responsible for whatever charges have already been incurred for the current billing period.
For example, if your billing cycle renews on the 17th of every month, and you cancel on the 24th, you’ll still have to pay for the current month, but you won’t be charged again after that. In order to treat everyone equally, no exceptions will be made. All membership sales are final.
The Action Network Group offers special introductory rates on its Edge memberships. Upgrades and Downgrades do not qualify for the introductory rate. Upgrades are effective immediately while downgrades occur on the next billing cycle so you always get what you paid for.
The introductory rate includes access to the respective membership level and automatically renews at the normal membership rate unless canceled by the customer.
It is the responsibility of the member to keep track of the account expiration date and cancel prior to renewal. Members can review their expiration date and/or cancel active memberships at any time by logging in and visiting the My Account page.
5. Sweepstakes, Contests, and Promotions
Notwithstanding the foregoing, ownership and use of all User Content, Feedback, and PII submitted in connection with a sweepstakes, contest, giveaway or other promotion (“Promotion”), shall be subject to the applicable Promotion’s “Official Rules” or other terms of service. If you participate in a Promotion, such terms of service, may, for example, permit the Action Network Group to contact you to verify your eligibility, use your physical address for the purposes of prize fulfillment, share your PII with third parties providing services in connection with such Promotion or for purposes of prize fulfillment, and/or use other information submitted with your entry for future marketing, such as to notify you of a product or subsequent Promotion that we think may be of interest to you. If you no longer wish to receive information about products or Promotions, you may opt out of receiving further information by clicking on the “Unsubscribe” link included in such e-mails. Please also note that if you win a Promotion, some of your PII may be disclosed on a winners list as required by law.
7. Third-Party Content, Links and Services
The Site may display content or tools provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase products or services (collectively, “Third-Party Content”). In consideration for the convenience of the Action Network Group making this Third-Party Content available or accessible to you, you acknowledge that the Action Network Group has not reviewed all of the Third-Party Content and that the Action Network Group is not responsible or liable for any such Third-Party Content, including, but not limited to, the privacy practices of third parties offering such Third-Party Content; you must contact the third party directly for any remedies that may be available to you. Please be aware that access to any Third-Party Content does not constitute an endorsement by the Action Network Group or any of its subsidiaries or affiliates of any third parties or Third-Party Content. Likewise, the Action Network Group is not the seller of products purchased from third parties offering Third-Party Content and is in no way responsible for shipping their products. The Action Network Group may from time to time engage certain affiliates or other third parties to provide all or part of the Services to you, and you hereby acknowledge and agree that such third party participation is acceptable.
If the Action Network Group provides links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through the Action Network Group’s links, please note that the information you post, transmit, or otherwise make available on those websites may be viewed by the general public. The Action Network Group does not control User Content on social media homepages and is not responsible for any third-party use of your User Content that you have posted, transmitted, or otherwise made available there.
8. Monitoring; Copyright Complaints
The Action Network Group may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights of others. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify the Action Network Group by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at this Site are covered by a single notification, a representative list of such works at this Site;
- 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 Action Network Group to locate the material;
- information reasonably sufficient to permit the Action Network Group to contact you, such as an address, telephone number, and if available, an e-mail address;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
- a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send the written communication to the Action Network Group’s copyright agent by e-mail AND by U.S. Mail to:
The Action Network Group, Inc. 12180 Millennium Drive, Suite 500 Playa Vista, CA 90094 Attn:DMCA Agent E-mail: [email protected] E-mail Subject: “DMCA Request”
THE ACTION NETWORK GROUP DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, PRODUCT, SERVICE OR FEATURE OF THE SITE WILL BE AVAILABLE, ERROR-FREE, OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE ACTION NETWORK GROUP CANNOT ENSURE THAT THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE, WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE ACTION NETWORK GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ACTION NETWORK GROUP DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES OF THE ACTION NETWORK GROUP. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD-PARTY CONTENT. YOUR SOLE REMEDY AGAINST THE ACTION NETWORK GROUP FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
You understand that the Site contains information about sports, fantasy sports, and sports betting, but that this information and Content does not constitute “advice”, nor does it constitute any “recommendation” on whether or how to engage in daily fantasy or sports betting activities. THE ACTION NETWORK GROUP ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF ANY OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT OR MATERIAL FOUND THEREIN, OR AS A RESULT OF BETTING RISKS OR FANTASY SPORTS RISKS. ANY SPORTS BETTING OR FANTASY SPORTS ACTIVITY IS INHERENTLY RISKY UNDERTAKEN AT YOUR OWN RISK.
10. Applicable Law and Venue; Dispute Resolution
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.
11. Applicable Law and Venue; Dispute Resolution
THE SITE IS INTENDED FOR ADULTS AGES 18 AND OVER. USERS UNDER 18 YEARS OLD ARE PROHIBITED FROM USING THE SITE FOR ANY PURPOSE. BY USING THIS SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE.
12. LIMITATION OF LIABILITY
The above limitation applies to your use, misuse, or reliance upon the Site, including, without limitation, damages you may incur because of Third-Party Content advertised on, or linked to the Site.
Any cause of action or claim you may have with respect to this Site must be commenced within one (1) year after the claim or cause of action arises.
The Action Network Group reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without the Action Network Group’s prior written consent.
14. Rights to Terminate Use
To the extent that any part of this Site offers subscriptions to users, the Action Network Group reserves the right to cancel any such subscriptions at any time in its sole and absolute discretion, upon which time affected users shall be notified of such cancellation.
15. State-Specific Provisions.
Under California Civil Code Section 1789.3, users of this Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. The Action Network Group may be contacted via e-mail at [email protected].