Fantasy Rugby Pro Terms of Service
Last Modified: October 1, 2023
The following terms and conditions govern your Account and use of Services with Fantasy Rugby Pro. Your contract and Account is with Fantasy Rugby Pro. (if you register from within Australia and the rest of the world). The applicable Fantasy Rugby Pro entity is referred to here as “Fantasy Rugby Pro”, “we” or “our”. By signing up for or using any of the services offered by Fantasy Rugby Pro or by using the Fantasy Rugby Pro website (our “Services”), you are agreeing to be bound by the following terms and conditions, together with Fantasy Rugby Pro’s Privacy Policy incorporated herein by reference (collectively, the “Terms of Service”). If you do not agree to all of the terms of the Terms of Service, you must not subscribe for or use the Services or create an Account with Fantasy Rugby Pro. If the individual agreeing to these Terms of Service is doing so on behalf of a company or other legal entity, that individual represents that they have the authority to bind such company or other legal entity to the Terms of Service. If the individual agreeing to these Terms of Service is doing so, as parent or legal guardian, on behalf of a user that has not reached the age of majority in the jurisdiction where that user resides or uses the Services (and is not below the age of 16), that individual acknowledges and agrees that they are responsible for use of the Services by, and the activities of, that user.
Any new features or tools which are added to the current Services will also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time here. Fantasy Rugby Pro reserves the right to update and change the Terms of Service at any time by posting updates and changes to the Fantasy Rugby Pro website. We recommend that you check the Terms of Service from time to time for any updates or changes that may impact you. If you continue to use the Services following any such update or change to the Terms of Service, you will be deemed to have accepted those updates or changes. If you do not agree to the updates or changes, you must stop using the Services and your Account.
Everyday language summaries are provided for your convenience only and are not legally binding.
1. Account Terms
You agree to the following terms relating to your account with Fantasy Rugby Pro (“Account”):
1.1. You must be at least the age of majority in the jurisdiction where you reside or from which you use the Services or have permission from a parent or legal guardian that has agreed to these Terms of Service on your behalf.
1.2. You must provide your legal first name, a valid email address, and any other information needed in order to complete the signup process.
1.3. You are responsible for ensuring that your registration information is true, accurate and complete.
1.4. You acknowledge that Fantasy Rugby Pro will use the email address you provide as the primary method for communication, and Fantasy Rugby Pro may send email communications to you and your users to convey information about Fantasy Rugby Pro’s products and services, including promotional information about new or updated products and services, and Fantasy Rugby Pro events. You and your users may opt-out of such communications on an individual basis by managing your communication preferences within the Services.
1.5. You are responsible for keeping your password secure. Fantasy Rugby Pro will not be liable for any loss or damage from your failure to maintain the security of your Account and password. You must promptly notify Fantasy Rugby Pro if you become aware of any unauthorized access to or use of your Account or password.
1.6. You are responsible for all activity within your Account (whether with or without your knowledge or consent) and for all content such as videos, files, data, graphics, photos and links that are uploaded to your Account (“Content”).
1.7. A breach or violation of any term in the Terms of Service as determined in the sole discretion of Fantasy Rugby Pro will result in an immediate termination of your Services, without notice to you.
Which means
You have to use your own information to create a valid Fantasy Rugby Pro Account and you are responsible for the details of that account. Remember that we can cancel your service if you violate any of these terms. If we need to reach you, we will send you an email to the email that you provided. We may also email you to provide you with other information that we think might interest you, but you can opt out of those communications if you prefer. You need to keep your account details secure, and you are responsible for what happens within your account if someone else uses your account details.
2. Account Activation
2.1.The person signing up for the Services will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Account Owner in connection with the Services.
Which means
The person signing up for the Fantasy Rugby Pro Services is responsible for the account and is bound by these Terms of Service.
3. General Conditions of Use
The following general conditions apply to your use of the Services:
3.1. You are responsible for the activity in your Account and the conduct of your customers and users.
3.2. You must ensure that you do not, either directly or indirectly:
3.2.1. use the Services for or in connection with any illegal or unauthorized purpose or in a manner that: (a) infringes, violates or misappropriates any rights of any person, including intellectual property, confidentiality or privacy rights, (b) is harmful, fraudulent, deceptive, misleading, threatening, harassing, defamatory, offensive, biased, obscene, vulgar, indecent, menacing, tortious or otherwise objectionable as determined by Fantasy Rugby Pro in its sole discretion, (c) attempts, in any manner, to obtain the password, account, or other security information from any other user, (d) violates the security of any computer network, or crack any passwords or security encryption codes, or (e) violates any laws, rules or regulations in your jurisdiction (including but not limited to copyright, data protection and privacy laws) as well as the laws of Australia;
3.2.2. reverse engineer, decompile, disassemble, decrypt or otherwise attempt to discover the code or underlying structure, ideas, know-how or algorithms relevant to the Services or access the Services, or write or develop any program based on the Services or any portion thereof, in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services;
3.2.3. circumvent or attempt to circumvent any limitations imposed on your account including any license, timing or use restrictions that are built into the Services;
3.2.4. lend, sell, resell, lease, sublicense, transfer, assign, distribute, grant a security interest in, or otherwise use the Services for the benefit of a third party, unless we have given you prior written authorization;
3.2.5. modify, translate, or create derivative works based on the Services or any software, hardware, documentation or data related to the Services, in whole or part, or reproduce, duplicate, copy, or exploit any portion of the Services in whole or in part except to the extent expressly permitted in writing by Fantasy Rugby Pro or authorized within the Services;
3.2.6. upload, transmit, disseminate or use the Services to send or store malicious code, including any worms, viruses, Trojan horses, or any other software or code of a destructive nature;
3.2.7. use the Services to collect or store any sensitive information (“Sensitive Information”) including, but not limited to personal health information, banking and credit card information, and if you do use the Service to collect, store or otherwise process any Sensitive Information you do so at your own risk and you are responsible for ensuring compliance with all applicable laws;
3.2.8. use the Services other than in accordance with our product documentation;
3.2.9. permit the Services to be used by anyone other than the Account Owner;
3.2.10. use the bandwidth and storage resources provided by Fantasy Rugby Pro in an unreasonable and disproportionate manner based on your subscription plan tier. We monitor usage to ensure fair distribution of resources among all Fantasy Rugby Pro customers. In the event that your bandwidth or storage usage exceeds what is reasonable and proportionate to your subscription plan, we reserve the right to take appropriate measures, including but not limited to implementing bandwidth throttling, imposing storage limits, suspending or terminating your access to the services, in whole or in part, without liability.
3.2.11. use the Services to advertise, promote or market competitor platforms to Fantasy Rugby Pro’s or for any third party’s interests or benefit, other than for the proper use of the Services, without our consent;
3.2.12. circumvent or otherwise interfere with any authentication or security measures of the Services, or otherwise interfere with or disrupt the integrity or performance of the Services, including doing anything to, or using the Services in a way that may, cause the Services to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Services is in any way impaired, including overloading, flooding, spamming, mailbombing or crashing;
3.2.13. use any robot, spider, device, technology or process to monitor or copy any data or pages within the Services without our prior written consent; and
3.2.14. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Fantasy Rugby Pro or Fantasy Rugby Pro trademarks and/or variations and misspellings thereof, or alter or remove any trademarks or proprietary notices contained in or on the Services without our consent.
3.3. Questions about the Terms of Service should be sent to [email protected].
3.4. You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
3.5. We do not knowingly provide services or sell products to children. If you or any of your users are below the age of 16, you or they may use our website or the Services only with the permission and active involvement of a parent or legal guardian. If you are a parent or a legal guardian that has agreed to these Terms of Service on behalf of a minor, you are responsible for any and all uses of our website or the Services by the minor. If you or any of your users are minors, do not, and ensure that such users do not, provide us or other website visitors with any personal information about such users, and do not permit such users to use the services unless you have procured the permission and active involvement of a parent or legal guardian. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].
Which means
Fantasy Rugby Pro’s platform allows you to create fantasy rugby teams and compete them the way you want. This section is about applying common sense. That means comply with the law, be courteous and don’t do anything that you wouldn’t want done to you if you were in our shoes.
On the internet, your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.
Do not use our services if you are a minor without the authorization of your parent or guardian.
4. Fantasy Rugby Pro Rights
The following are Fantasy Rugby Pro’s rights in regards to the Services and these Terms of Service:
4.1 We reserve the right to modify or terminate the Services for any reason, without notice at any time.
4.2 We reserve the right to refuse our Services to anyone for any reason at any time.
4.3 Fantasy Rugby Pro does not pre-screen Content and it is in our sole discretion to refuse or remove any Content that is available via the Services.
4.4 We may, but have no obligation to, remove Content or suspend an Account Owner’s access to the Services, or terminate the Services (without prior notice), if they share or otherwise make available Content containing material that we determine in our sole discretion is unlawful, harmful, fraudulent, deceptive, misleading, threatening, harassing, defamatory, offensive, biased, obscene, vulgar, indecent, menacing, tortious or otherwise objectionable or violates any party’s intellectual property or these Terms of Service (including, without limitation, Section 3.2 above).
4.5 Verbal or written abuse of any kind (including threats of abuse or retribution) by an Account Owner or its representatives directed at any Fantasy Rugby Pro customer, Fantasy Rugby Pro employee, member, or officer will result in immediate termination of the Services.
4.6 We reserve the right to provide our Services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Fantasy Rugby Pro employees and contractors may also be Fantasy Rugby Pro customers/instructors and that they may compete with you, although they may not use your confidential information in doing so.
4.7 In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.Fantasy Rugby Pro retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful Account Owner, Fantasy Rugby Pro reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
4.8 Fantasy Rugby Pro retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account Owner, Fantasy Rugby Pro reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
Which means
We can modify, cancel or refuse the Services at anytime. We can also remove Content or suspend or terminate your account if any Content is objectionable.
In the event of an ownership dispute over a Fantasy Rugby Pro account, we can freeze the account or transfer it to the rightful owner.
5. Limitation of Liability
5.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FANTASY RUGBY PRO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, PROFITS, REVENUES, OPPORTUNITIES, ANTICIPATED SAVINGS, GOODWILL, USE, DATA OR OTHER INTANGIBLE OR ECONOMIC LOSSES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH DAMAGES ARE REASONABLY FORESEEABLE OR YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
5.2 YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US AND (AS APPLICABLE) OUR PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, PARTNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY THIRD PARTY CLAIMS, LOSSES, DAMAGES, PENALTIES, LIABILITY, AND COSTS, INCLUDING REASONABLE LEGAL FEES, OF ANY KIND OR NATURE THAT ARE INCURRED IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE SERVICES OR ANY OF YOUR CONTENT, YOUR BREACH OF THESE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
5.3 YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN ”AS IS“ AND ”AS AVAILABLE“ BASIS. FANTASY RUGBY PRO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. FOR GREATER CERTAINTY, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FANTASY RUGBY PRO OR ELSEWHERE, WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
5.4 Without limiting Sections 5.3 above, Fantasy Rugby Pro does not warrant that: (a) the Services will be uninterrupted, timely, secure, error-free or free of harmful components; (b) the results that may be obtained from the use of the Services will be accurate or reliable or meet your needs; (c) the quality of any products, Services, information, or other material purchased or obtained by you through the Services will meet your expectations or business requirements, or that any errors in the Services will be corrected; (d) any Content will be secure or not otherwise lost or damaged; or (e) any third party tool or services included in or made available through the Services will be available or continue to be available or will meet your expectations or business requirements.
5.5 IN NO EVENT WILL FANTASY RUGBY PRO’S AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND, INCLUDING ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, WHETHER BY STATUTE, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE LESSER OF: (A) THE FEES PAID BY YOU FOR THE FANTASY RUGBY PRO SERVICES HEREUNDER DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE, OR (B) AUD$100. THE LIMITATIONS SET FORTH IN THIS SECTION 5 WILL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY.
Which means
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Services are “as is” so it may have errors or interruptions and we provide no warranties.
If you or others use artificial intelligence, you do so at your own risk. We do not accept any responsibility or liability.
You will be liable to us if a third party sues us as a result of your use of the services.
The total amount of our potential liability is limited to one month of your fees paid to us.
6. Intellectual Property and Content
6.1 We do not claim any intellectual property rights over the material you provide to the Fantasy Rugby Pro Services including Content. All material you upload remains yours. You can remove your Fantasy Rugby Pro site at any time by deleting your Account. We will delete your Content in accordance with our Privacy Policy.
6.2 You retain ownership over all Content that you submit to a Fantasy Rugby Pro site, and you must ensure that your Content complies with any applicable laws or regulations.
6.3 By uploading Content, you agree: (a) to provide Fantasy Rugby Pro the right to access, use, copy, support, maintain, modify, sublicense, distribute, display and store your Content as reasonably necessary to deliver the Services; (b) to allow other internet users to view your Content; (c) to permit Fantasy Rugby Pro to use on an aggregated, anonymized and de-identified basis your Content to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services; and (d) that Fantasy Rugby Pro can, at any time, review all the Content submitted by you to its Services.
6.4 You acknowledge that, in order to ensure compliance with legal obligations, we may review certain Content submitted to the Services to determine whether it is illegal or whether it violates these Terms of Service. We may also prevent access to, refuse to display, or remove Content that we reasonably believe violates the law or these Terms of Service. Notwithstanding the foregoing, Fantasy Rugby Pro has no obligation to monitor or review any Content submitted to the Services by you or any other person, and you remain solely responsible for your Content.
6.5 If you choose to provide feedback including any ideas, suggestions, concepts, processes, techniques, questions, answers, codes/scripts, and other comments related to our services, site, proposed services, documentation or business (“Feedback”), Fantasy Rugby Pro will own and may use such Feedback without any restrictions and without obligations to you, and you hereby waive any claim you have to ownership, compensation, monetary or otherwise.
6.6 We will not disclose your Confidential Information to third parties, except as required in the course of providing our Services. “Confidential Information” includes any materials or information provided by you to us which is not publicly known. Confidential Information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; (d) we are required by law to disclose; or (e) that you have given your consent or instructed us to disclose.
6.7 If you remove Content, delete your Account or if these Terms of Service are terminated, we will be permitted to use and retain a copy, including archives, of your Content, Confidential Information or any information that is related to your Account (including Content and personal information) for business purposes related to these Terms of Service and to the extent necessary to meet our legal and compliance obligations (including audit and anti-fraud purposes).
6.8 Fantasy Rugby Pro will own and retain all right, title and interest in: (a) all technology, software, algorithms, user interfaces, trade secrets, techniques, designs, inventions and other tangible and intangible information relating to the Services, any related services provided by Fantasy Rugby Pro and associated deliverables, and all improvements, enhancements or modifications thereto; (b) any anonymized usage data (including metadata) arising or derived from or based on the provision, use and performance of various aspects of the Services (other than your Content as provided), provided that such data does not identify you or any individual; and (c) all intellectual property rights related to any of the foregoing. No rights or licenses are granted by Fantasy Rugby Pro except as expressly set out in these Terms of Service, and all such rights are expressly reserved to Fantasy Rugby Pro.
Which means
Anything you upload remains yours and your responsibility. If you want to remove any of your content, just delete your Account.
We are allowed to keep a copy of certain information if we are required to do so by law.
We own the Fantasy Rugby Pro products and services.
7. Payment of Fees and Taxes
7.1 A valid credit card is required for Accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
7.3 Account Owners must dispute any discrepancies or errors in their invoices within two weeks of their receipt of an invoice/bill.
7.4 All fees are either in AUD or your local currency supported by Fantasy Rugby Pro and are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and Services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). All payments made by you to Fantasy Rugby Pro must be made free and clear of any deduction, set-off or withholding, as may be required by law. If any deduction or withholding (including but not limited to domestic or cross-border withholding taxes) is required on any payment (“Regulatory Fees”), you will pay such Regulatory Fees as are necessary so that the net amount received by us is equal to the amount then due and payable under these Terms of Service. If any Regulatory Fees are deducted from the amount received by Fantasy Rugby Pro, Fantasy Rugby Pro will invoice you for the same.
7.5 Except as described below in Section 7.10, you (and not Fantasy Rugby Pro) are responsible for (a) all Taxes applicable to the Services and for paying those Taxes in a timely manner when due and payable; (b) determining the Taxes that apply to transactions occurring between you, your customers, students and other users or otherwise through your sites; and (c) collecting, reporting and remitting the corresponding Taxes to the appropriate Tax authorities in a timely manner when due and payable. Fantasy Rugby Pro may from time to time make available to you certain tax calculation services offered by third-party providers, without liability to Fantasy Rugby Pro, which are Third-Party Tools subject to Section 11.
7.6 Fantasy Rugby Pro does not provide refunds.
8. Cancellation and Termination
You may cancel your Account at any time by requesting cancellation by emailing [email protected] with the subject line ‘Cancel account’.
Once cancellation is confirmed, all of your Content may be immediately deleted from the Services. Since deletion of all data is final, please be sure that you do in fact want to cancel your Account before doing so. If you cancel your Account, or otherwise request that your Content be deleted, Fantasy Rugby Pro will not be held responsible for any data that is lost. As noted in Section 7, above, if you remove Content, we may retain a copy for our business purpose related to these Terms of Service and to the extent necessary to meet our legal and compliance Obligations.
If you cancel the Services in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
We reserve the right to modify or terminate the Services for any reason,
without notice at any time.
Fraud: Without limiting any other remedies, Fantasy Rugby Pro may prevent you from creating an Account or suspend or terminate any Account that you create if we suspect that you have engaged in fraudulent activity in connection with the Services.
Any of your obligations set forth in these Terms of Service that are intended to survive termination will survive the termination of the Services.
Which means
To initiate a cancellation, use the in-app chatbot or email [email protected]. Fantasy Rugby Pro will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, all your content will be permanently deleted and we are allowed to keep a copy, as required by law. If you cancel in the middle of the month, you’ll have one last email invoice.
We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
9. Modifications to the Services and Prices
Prices for using the Services are subject to change upon 30 days notice from Fantasy Rugby Pro. Such notice may be provided at any time by posting the changes to our website (fantasyrugbypro.com) or the administration menu of your Fantasy Rugby Pro site via an announcement.
Fantasy Rugby Pro reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice.
Fantasy Rugby Pro will not be liable to you or to any third party for any modification, price change, suspension, discontinuance or termination of the Services.
Which means
We may change or discontinue the Services at anytime, without liability.
10. Personal Data
10.1. The ordinary operation of our Services to you and administering your Fantasy Rugby Pro Account requires us to collect personal data related to individuals that are you, your employees or your representatives (“Client Data”).
10.2. In connection with providing the Services to you, we may process personal data that is: (a) related to individuals who are your users, or (b) otherwise included in your Content (collectively, “User Data”).
10.3. We will process Client Data and User Data in accordance with: (a) these Terms of Service; (b) our Privacy Policy, which is available at https://www.fantasyrugbypro.com/privacy-policy/, The Privacy Policy will form part of these Terms of Service and may be amended in accordance with their terms. We will not sell Client Data or User Data.
10.4. You acknowledge and agree that: (a) we will process User Data on your behalf as your service provider and, as between you and us, you remain the owner and controller of the Authorized User Data; (b) you are responsible for User Data as its owner and controller; and (c) you (and not Fantasy Rugby Pro) are responsible for ensuring that your use, and the use by your users, of the Services complies with all applicable laws, including privacy and data protection laws, as well as these Terms of Use.
10.5 You represent and warrant to Fantasy Rugby Pro that: (a) all of your Content complies with all applicable laws and regulations in all relevant jurisdictions (including privacy and data protection laws) and does not infringe, violate or misappropriate any rights of any person; and (b) you have provided all required notices to and obtained all necessary consents from your users to allow Fantasy Rugby Pro to provide the User Data as contemplated by these Terms of Service.
Which means
In order to provide you with our services, we may need to process certain personal information.
11. Digital Millennium Copyright Act
11.1. General Policy.
Fantasy Rugby Pro has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). It is Fantasy Rugby Pro’s policy to (a) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of its affiliates, content providers, or users; and (b) remove and discontinue Services to repeat offenders.
11.2.Procedure for Reporting Copyright Infringement.
If you believe that Content residing on or accessible through the Fantasy Rugby Pro web site or Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
11.2.1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
11.2.2. Identification of works or materials being infringed;
11.2.3. Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Fantasy Rugby Pro is capable of finding and verifying its existence;
11.2.4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
11.2.5. A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
11.2.6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
11.3. Once Proper Bona Fide Infringement Notification is Received by Fantasy Rugby Pro’s Support Team.
It is Fantasy Rugby Pro’s policy to notify the Content provider or user that an infringement notification has been received and that the Content will be removed at the end of 24 hours unless a counter-notice is supplied to Fantasy Rugby Pro. If no counter-notice complying with Section 11.4 below is supplied, the infringing content will be removed from the system.
11.4. Procedure to Supply a Counter-Notice to Fantasy Rugby Pro.
If the Content provider, or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the Content provider or user must send a counter-notice containing the following information to Fantasy Rugby Pro’s Support Team listed below:
11.4.1. A physical or electronic signature of the Content provider or user;
11.4.2. Identification of the Content that is claimed to be infringing;
11.4.3. A statement that the Content provider or user has a good faith belief that the infringement notification was received as a result of mistake or a misidentification of the Content; and
11.4.4. Content provider’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider’s or user’s address is located, or if the Content provider’s or user’s address is located outside the United States, for any judicial district in which Fantasy Rugby Pro is located, and that such person or entity will accept Services of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Fantasy Rugby Pro’s Support Team, Fantasy Rugby Pro will restore access to the Content and notify the original complaining party. The Content will then remain published unless the copyright owner files an action seeking a court order against the Content provider or user.
11.5. Designated Agent to Receive Notification of Claimed Infringement.
Please contact Fantasy Rugby Pro’s Support Team via email to submit a Notification of Claimed Infringement:
Name: Fantasy Rugby Pro.com, Attn: Copyright Infringement
Email: [email protected]
Which means
Fantasy Rugby Pro respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you believe the claim is valid, you can proceed with a counter notification.
If you believe one of our customers is infringing your intellectual property rights, you can send Fantasy Rugby Pro a DMCA Notice. We will expeditiously disable access or remove the content and notify the customer. Be advised that we post all notices we receive.
12. Languages
The parties have agreed that this arrangement will be established and all related documents be written in English.
13. General Terms
The failure of Fantasy Rugby Pro to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
13.1. These Terms of Service constitute the entire agreement between you and Fantasy Rugby Pro and govern your use of the Services, superseding any prior agreements between you and Fantasy Rugby Pro (including, but not limited to, any prior versions of these Terms of Service).
13.2. These Terms of Service will be binding on and ensure to the benefit of the parties and their heirs and successors.
13.3. There are no third party beneficiaries to these Terms of Service, and you acknowledge that Fantasy Rugby Pro will have no obligation or liability whatsoever to any third parties with which you may do business, including your customers or students.
13.4. If any provision of these Terms of Service is held void, invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability will not affect the validity, legality or enforceability of any other provisions contained in these terms or the validity or enforceability of that provision or part thereof in any other jurisdiction, and the remaining portions of these terms will continue in full force and effect.
13.5. These Terms of Service are governed by and construed in accordance with the laws of the State of Queensland and the federal laws of Australia applicable therein, without giving effect to principles of laws of any jurisdiction and notwithstanding your domicile, residency or physical location. The International Sale of Goods Act of Queensland and the United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these terms or to the transactions contemplated by these terms. You irrevocably agree to attorn to the exclusive jurisdiction of the courts of Queensland.
13.6. You must not knowingly export or re-export, directly or indirectly, any product or software received from Fantasy Rugby Pro under these Terms of Service to any destination, entity or person to which such export or re-export is restricted or prohibited by applicable laws. You represent and warrant that you are not on any such restricted or prohibited lists. Fantasy Rugby Pro makes no representation or warranty that the Services are appropriate or available for use in any specific country or jurisdiction. You will not use the Services for military or quasi-military projects, unless specifically authorized by the appropriate governmental authority for such purpose.
Which means
If Fantasy Rugby Pro does not to enforce any of these provisions at any time, it does not mean that they give up that right later. These Terms of Service make up the whole agreement that applies to you. This means that any previous agreements between you and Fantasy Rugby Pro don’t apply if they conflict with these terms. These terms will be binding on your future representatives. No third parties have any rights under these terms, including your customers or students. If there is a problem with one of the provisions of these Terms of Service, the rest of the terms will still apply. Any disputes between us will be resolved using the laws and courts of Queensland and Australia. You must comply with export control laws.