1. Acceptance of terms
Superfanatico may issue additional terms, rules and conditions of participation in particular contests. You agree to be subject to them if you participate in such contests.
You hereby represent abrnd warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms.
In order to deposit money to play paid games you must be able to represent and warrant that:
• You are least eighteen (18) years of age to open an account, participate in contests, or win prizes offered by the Website. In jurisdictions, territories, and locations where the minimum age for permissible use of the Website is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction or territory.
• You are at least nineteen (19) years of age at time of account creation if you are a legal resident of Alabama or Nebraska or twenty-one (21) years of age if you are a legal resident of Massachusetts. Legal residents physically located in any of the fifty (50) states and Washington, DC, excluding Alabama, Arizona, Delaware, Hawaii, Idaho, Iowa, Louisiana, Montana, Nevada and Washington (the “Excluded States”) are eligible to open an account and participate in contests offered by the Website.
• Legal residents of the Excluded States are eligible to open and maintain accounts on the Website for use only in games that do not offer prizes. However, legal residents of Alabama, Delaware, or Idaho who are physically located outside of the Excluded States are eligible to deposit funds, enter contests and earn prizes offered by the Website.
• Legal residents of Canada are eligible to open an account and participate in contests offered by the Website.
• You are physically located or reside in a jurisdiction in which participation in any contest you choose to participate in is not prohibited by applicable law;
• You are not listed on any U.S. Government list of prohibited or restricted parties;
• you are not subject to backup withholding tax in your jurisdiction or territory because (a) you are exempt from backup withholding, (b) the tax authority in your jurisdiction or territory has not notified you that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the tax authority in your jurisdiction or territory has notified you that you are no longer subject to backup withholding. If you do not meet the eligibility requirements of this section, then you are not authorized to use the Service. In addition to any other rights that Superfanatico may have in law or equity, Superfanatico reserves the right to suspend or terminate the account (and terminate, withhold or revoke the awarding of any prizes associated with such account) of any purported user of the Superfanatico Service that does not meet the foregoing requirements. Superfanatico may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize.
You may establish, maintain, use and control only one account on the Service. In the event Superfanatico determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that Superfanatico may have, Superfanatico reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.
Superfanatico employees may use the Service for the purpose of testing the user experience, but may not withdraw money or prizes. Superfanatico consultants or promoters of the Service may play in contests without such limitation, but only if (i) their arrangement with Superfanatico does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service and (ii) they do not receive any other advantages in their play on the Service.
Professional athletes, managers, coaches and other team management, team support personnel (e.g. without limitation, team physicians) and professional team owners may not participate in any Superfanatico contests in which they or any part of their team are available for selection. Team owners, referees, league employees, sports commissioners and other individuals who through an ownership interest or game-related employment can influence the gameplay are likewise ineligible.
4. Conditions of participation
In order to participate in a contest on Superfanatico, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Superfanatico has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Superfanatico may deny you access to areas requiring registration, or terminate your account, at its sole discretion.
Account Password and Security
At the time of registration for online account access, you must provide a valid email address and supply a Username and Password to be used in conjunction with your account. You may not use a Username that promotes a commercial venture or a Username that Superfanatico in its sole discretion deems offensive. Many portions of the Service require registration for access (the "Restricted Areas"). 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) never use the same Password for the Service that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify Superfanatico of any unauthorized use of your Username and Password or account or any other breach of security; and (d) use only your own Username and Password to access the Service’s Restricted Areas. Superfanatico will not be liable for any loss or damage arising from your failure to comply with this Section. You understand and agree that no network is 100% secure and that Superfanatico is not responsible for any data breaches, or any unauthorized access. You acknowledge and agree that Superfanatico is authorized to act on instructions received through the use of your Username and Password, and that Superfanatico may, but is 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.
Superfanatico may require you to change your Username from time to time.
Communications and Information Practices
As a result of your registration for the Service, you may receive certain commercial communications from Superfanatico. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to email@example.com. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
Disqualification and Cancellation
If for any reason the Service is not running as originally planned (e.g., if the Site becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Superfanatico corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Superfanatico reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause 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, notification may be posted on the Site.
The failure of Superfanatico to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Superfanatico (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
No professional sports league nor any team associated with any professional sports league is a sponsor or in any way affiliated with Superfanatico.
By entering a contest, to the extent permitted by applicable law, you consent to Superfanatico and its service providers’ and business partners’ use of your name, voice, likeness, and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other Superfanatico contests, unless otherwise prohibited by law. Contest winners agree that, from the date of notification of their status as a potential winner, and continuing until such time when notified that they no longer need to do so, they will make themselves available to Uberfanatico Inc. for up to 50 hours (or a higher quantity where specified by the rules of particular contests) of publicity, advertising and promotional activities relating to the contest or other Uberfanatico products, services or events, without additional compensation. Uberfanatico Inc. and its business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the contest. Entrants agree that Uberfanatico Inc. may announce any winner's name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of Superfanatico or other contests or games operated by Uberfanatico Inc. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
5. Game Rules
Game of Skill
Superfanatico is a game of skil. In the United States, under current legislation, fantasy sports are classified as games of skill Superfanatico games are, for all entrants, games of skill and users must use their skill and knowledge of professional sports to win a contest as well as to accumulate points and know the fantasy sports rules. Points are accumulated through the performance of real-world athletes across multiple sports matches. Each line up must include eleven (for football and soccer), nine (for baseball), five (for basketball) real-world athletes from at least three different real-world teams. Each entry in a Superfanatico contest shall be made up of players selected from a minimum of two real-life sporting events. Superfanatico strictly prohibits any contest based solely on the single performance of an individual athlete. Winners are determined by the criteria stated in each contest's rules. For each contest, winners are determined by the individuals who use their skill and knowledge of relevant professional sports information and fantasy sports rules to accumulate the most points. Points are accumulated through the performance of individual athletes across multiple sports events.
Each Superfanatico contest has an entry fee listed in US dollars. When you opt to participate in a contest, that amount in US dollars will be debited from your Superfanatico account. Then, follow the links and instructions provided for entry. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose Username the entry was submitted, or if possession of the Username itself is contested and in Superfanatico’s opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. Superfanatico reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.
Superfanatico offers contests for multiple professional sports events generally taking place on a single day or for a week.
After each contest ends, the tentative winners are announced (generally by the following day) but remain subject to final verification. The players in each contest who accumulate the most fantasy points and comply with eligibility requirements and applicable rules will win prizes as set out in the posted contest details. Prizes are added to the winning team's account balance. In the event of a tie, the prize is divided evenly between the tied players, unless otherwise specified.
Superfanatico offers a number of different types of contests. For each contest, we announce the entry fees and prizes in advance on the contest page. For a summary of entry fees and prizes for currently open contests please login and visit the main lobby.
Prize calculations are based on the results as of the time when the final scoring is tabulated by Superfanatico. Once winners are initially announced by Superfanatico, the scoring results will not be changed in light of official adjustments made by the professional leagues, though we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our data or statistical provider or in our calculation of results. We also may make adjustments in the event of noncompliance with the Terms. Superfanatico has no obligation to delay the awarding of a prize in anticipation of any adjustment, and we reserve the right to reverse payments in the event of any adjustment. You agree to cooperate with our efforts to reverse payments. Superfanatico is strictly prohibited from determining winners based on the score, point spread, or performance of any real-world team or combination of teams.
No substitution or transfer of a prize is permitted. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of the Contest is challenged by any legal authority, Superfanatico reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of the winner of Superfanatico contests, Uberfanatico Inc. is the sole deciding party and its actions are final and binding.
Winners are generally posted on the Site after the conclusion of each contest by 10 A.M. (Eastern Time of the United States of America) on the following day. Winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement and appropriate tax forms by a specified deadline. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner.
It is the policy of the Site, and in compliance with United States Internal Revenue Service regulations, Superfanatico may be required to submit a Form 1099-MISC, Miscellaneous Income (Form 1099) with the Internal Revenue Service (IRS) or other appropriate form to any person who wins in excess of $600 (USD) on the Site (winnings less entry fees) in any given year. Depending on the jurisdiction in which you reside, Superfanatico may require you to complete a Form W-9, Request for Taxpayer Identification Number (TIN) and Certification and/or additional tax forms. This information will be used to file the Form 1099 with the IRS. Superfanatico reserves the right to withhold (from your existing account balance and/or from future net winnings) any amount required to be withheld by law. You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your local, state, province, and/or country of residence.
Form W-9, Request for Taxpayer Identification Number (TIN) and Certification prior to the final event. This information will be used to file a Form 1099-MISC, Miscellaneous Income with the Internal Revenue Service.
Bonuses and Promotions
We frequently offer bonuses to newly depositing users and for other marketing purposes. Pending bonus is converted into a player’s cash account as the player enters real money contests. Unless otherwise stated, any unconverted pending bonus remaining in a player’s account 90 days after it has been initially credited can be removed by Superfanatico. Any cash bonus a new user receives is for entry into competitions on Superfanatico and can only be withdrawn if they have been previously entered into at least one game. Additionally, if a user immediately withdraws money after a deposit which delivers a deposit bonus then the bonus will be retracted. In the event of abuse of the bonus system by any user, Superfanatico reserves the right to retract your user bonuses.
For check withdrawals over $250 we require a valid mailing address and social security/passport number in order to file the appropriate tax forms at year end. We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal.
In cases where you have received a bonus or other benefits as a result of your deposit and have not yet played through the deposit (entering contests whose total entry fees equal the value of the deposit), Superfanatico reserves the right to refuse the withdrawal and/or close your account.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Superfanatico. By way of example, and not as a limitation, you agree not to:
• abuse, harass, impersonate, intimidate or threaten other Superfanatico users;
• post or transmit, or cause to be posted or transmitted, any Content that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
• use the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
• post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Superfanatico user;
• create or submit unwanted email ("Spam") to any other Superfanatico users;
• infringe upon the intellectual property rights of Superfanatico, its users, or any third party;
• submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
• post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without our express written permission. 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 Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service;
• use artificial means, including creating multiple user accounts, to inflate your position and standing with the Superfanatico leader boards and community;
• advertise to, or solicit, any user to buy or sell any products or Service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
• sell or otherwise transfer your profile;
• attempt to influence the play in any sports event that is the subject of a competition on Superfanatico in which you are involved or in which you have a direct or indirect interest.
You understand that all Content made available on the Service by a user (“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 Superfanatico, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will Superfanatico be liable in any way for any User Content.
You acknowledge that Superfanatico may or may not pre-screen User Content, but that Superfanatico and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, Superfanatico and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Superfanatico's sole discretion. You understand that by using the Service, 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 Service.
With respect to User Content you submit or otherwise make available on or to the Service, you grant Superfanatico 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 Service. Superfanatico reserves the right, but has no obligation, to monitor disputes between you and other users.
8. Warranty disclaimers
You expressly understand and agree that your use of the Service is at your sole risk. The Service (including the Service and the Content) are provided on an "AS IS" and "as available" basis, without warranties 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 Superfanatico has no control over, and no duty to take any action regarding: which users gain access to or use the Service; 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 Superfanatico from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. Superfanatico makes no representations concerning any Content contained in or accessed through the Service, and Superfanatico will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
9. Limitation on liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SUPERFANATICO NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF SUPERFANATICO HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR SERVICE; THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE ENTRY INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT AN ENTRANT TO PARTICIPATE IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SUPERFANATICO'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 SUPERFANATICO FOR GENERAL USE OF THE SITE OR SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
10. Our proprietary rights
All title, ownership and intellectual property rights in and to the Service are owned by Uberfanatico Inc. or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Superfanatico, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.
The Service provides, or third parties may provide, links to other World Wide Web sites or resources. Because Superfanatico has no control over such sites and resources, you acknowledge and agree that Superfanatico 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 Superfanatico 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.
12. Termination and suspension
Superfanatico may terminate or suspend all or part of the Service and your Superfanatico account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your Superfanatico account, you may contact us via the contact form with a note to say you wish to terminate your account.
The following provisions of the Terms survive any termination of these Terms: CONDITIONS OF PARTICIPATION (except for Registration and Account Password and Security); GAME RULES (only Bonuses and Promotions); CONDUCT (only User Content); INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION.
If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with Superfanatico regarding restoration of your account only via firstname.lastname@example.org.
13. No third party beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.
14. Notice and procedure for making claims of copyright infringement
Superfanatico may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide us with an email to Uberfanatico, Inc., (email@example.com) containing the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Service;
• your address, telephone number, and email address;
• 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;
• 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.
To be valid, a notice must be in writing and must follow the instructions above.
15. Binding arbitration and class action waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Initial Dispute Resolution
Our customer support department is available via the web to address any concerns you may have regarding the Service. Our customer support department is able to resolve most concerns quickly to our players’ satisfaction. The parties shall use their best efforts through this customer service process to settle any dispute, claim, question, or disagreement and good faith negotiations, which shall be a condition to either party initiating a lawsuit or arbitration.
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Superfanatico will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Superfanatico will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents in Canada or other countries, arbitration shall be initiated in the County of New York, State of New York, United States of America, and you and Superfanatico agree to submit to the personal jurisdiction of any federal or state court in the Borough of Manhattan, New York, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND SUPERFANATICO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Changes to this Section
Superfanatico will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
For any dispute not subject to arbitration you and Superfanatico agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Miami, FL. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Terms and the relationship between you and Superfanatico shall be governed by the laws of the State of Florida without regard to conflict of law provisions.
16. Application License
Subject to your compliance with these Terms, Superfanatico grants you a limited non-exclusive, non-transferable license to download and install a copy of the app on a single device that you exclusively control and to run such copy of the app solely for your own personal use. Superfanatico reserves all rights in and to the app not expressly granted to you under these Terms. You will not run any version of the app on a jailbroken device.
If you have downloaded our app, you agree to promptly download and install any new version that we make available through the iTunes App Store or Google Play store, as applicable. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the App may in some cases expose you to increased security risks or Service malfunctions.
17. General Information
These Terms (and any additional terms, rules and conditions of participation in particular contests that Superfanatico may post on the Service) constitute the entire agreement between you and Superfanatico with respect to the Service and supersedes any prior agreements, oral or written, between you and Superfanatico. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation in particular contests, the latter will prevail over the Terms to the extent of the conflict.
Waiver and Severability of Terms
The failure of Superfanatico 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 an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or 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 Service 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.
Users with questions, complaints or claims with respect to the Service may contact us using the relevant contact information set forth above.