Terms of Use

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Fantasy Labs, Inc. web site located at www.FantasyLabs.com, and all associated sites owned or operated by Fantasy Labs, Inc., its subsidiaries and affiliates, around the world (collectively, the “Site”). The Site is the property of Fantasy Labs, Inc. (“Fantasy Labs”) and its licensors.

YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE CONTENT, SERVICES AND TOOLS OFFERED BY THE SITES, YOU HAVE AGREED TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS THAT MAY APPLY.

Fantasy Labs reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Fantasy Labs grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

  1. Content

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, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, 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 Fantasy Labs or its licensors, and is protected by U.S. and international intellectual property and proprietary rights.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Fantasy Labs’ express prior written consent.

All materials contained or distributed in this website (the “Materials”) are owned by Fantasy Labs, Inc. 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, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of Fantasy Labs. Materials may not be used in any unauthorized manner.

  1. Your Use of the Site

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 any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available 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 Fantasy Labs server, 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 reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Fantasy Labs, including any Fantasy Labs 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 personal identification or information, 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 Fantasy Labs systems or networks, or any systems or networks connected to the Site or to Fantasy Labs.

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.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Fantasy Labs 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.

You may not use the Site or any Content or Materials for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Fantasy Labs or others.

If you provide feedback to Fantasy Labs about the Site or any Content or Materials, such feedback will be deemed non-confidential and you hereby grant to Fantasy Labs a non-exclusive, irrevocable, unrestricted, worldwide and paid-up right and license to use the feedback for any purpose.

  1. Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. Fantasy Labs may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice.

In order to prevent interruptions in service, Fantasy Labs 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.

Fantasy Labs offers special introductory rates on our Pro 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.

  1. Privacy

Fantasy Labs’ Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Fantasy Labs’ Privacy Policy, click here.  Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

  1. 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. In consideration for the convenience of Fantasy Labs making this third-party content and tools available or accessible to you, you acknowledge that Fantasy Labs is not responsible for any such third-party content or tools. You also agree that Fantasy Labs is not responsible or liable for any losses or damages you experience with any third-party content or tools you chose to rely upon or advertisements you respond to, and that you must contact the third party directly for any remedies that may be available to you. Fantasy Labs 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.

  1. Disclaimers

FANTASY LABS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, PRODUCT, SERVICE OR FEATURE OF THE SITE WILL BE 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. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. FANTASY LABS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. FANTASY LABS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FANTASY LABS 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 FANTASY LABS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST FANTASY LABS 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. FANTASY LABS ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF ANY OF THE MATERIAL ON THE SITES, 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.

  1. Applicable Law and Venue

By use of this Web site you irrevocably consent to the application of the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws provisions, to govern any and all disputes with Fantasy Labs related to these Terms of Use.  You also irrevocably consent to the exclusive venue of the courts of Essex County, Massachusetts or the U.S. District Court for the District of Massachusetts.  If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

  1. Age Restriction

THE SITE IS INTENDED FOR ADULTS AGES 18 AND OVER.  USERS UNDER 18 YEARS OLD ARE PROHIBITED FROM USING THE SITE FOR ANY PURPOSE.

  1. LIMITATION OF LIABILITY:

UNDER NO CIRCUMSTANCES IS FANTASY LABS, ITS OFFICERS, DIRECTORS, AFFILIATES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORSEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION AND  SERVICES AVAILABLE ON THE SITE. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF USE OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF FANTASY LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

The above limitation applies to your use, misuse, or reliance upon the Site, including, without limitation, damages you may incur because of third-party services or goods advertised on, or linked to the Site.

Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

  1. Indemnity:

You agree to defend, indemnify, and hold harmless Fantasy Labs and its affiliates and their officers, directors, employees, consultants, agents and suppliers from and against any and all claims, liabilities, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Site, Materials or Services, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Site, Materials or Services, (iii) any actual or alleged infringement by you, or any person accessing the Site, Materials or Services using your password or account identifier, of any intellectual property or privacy or other right of any third party, or (iv) any unauthorized use of password protected Materials utilizing your account information, whether or not known or authorized by you.

  1. Rights to Terminate Use.

You agree that Fantasy Labs reserves the right, without prejudice to its other rights, to suspend or terminate your use of the Site at any time where Fantasy Labs has determined, in its sole discretion that the use of the Site by you is, or was, in breach of these Terms of Use. ACCORDINGLY, IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO FANTASY LABS AND WITHOUT ANY LIABILITY WHATSOEVER, FANTASY LABS AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT ACCESS YOUR ACCESS TO THE SITE AND/OR THE SERVICES.

You also agree that any violation by you of these Terms of Use may constitute an unlawful and unfair business practice, and will cause irreparable harm to Fantasy Labs, for which monetary damages would be inadequate, and you consent to Fantasy Labs obtaining any injunctive or equitable relief that Fantasy Labs deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Fantasy Labs may have at law or in equity. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Fantasy Labs, for which monetary damages would be inadequate, and you consent to Fantasy Labs obtaining any injunctive or equitable relief that Fantasy Labs deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Fantasy Labs may have at law or in equity.

This Terms of Use policy was last updated on March 19, 2015.