Yahoo Sports Fantasy Football Additional Terms of Service
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW
ACCEPTANCE OF TERMS
Welcome to Yahoo Sports Fantasy Football ("Fantasy Football"), owned and operated by Yahoo. Yahoo offers the Fantasy Football service and the Yahoo Sports Fantasy Football Premium Services (each, a "Premium Service") to you subject to these Yahoo Sports Fantasy Football Additional Terms of Service ("Additional Terms") (which supplement the Yahoo Terms of Service, located at https://policies.yahoo.com/us/en/yahoo/terms/utos/index.htm (the "TOS") and are hereby incorporated by reference), the Yahoo Fantasy Football official game instructions ("Official Game Instructions"), located at https://help.yahoo.com/kb/fantasy-football?#, and any other rules or guidelines that may be published by Yahoo on a periodic basis (any of which may be updated by Yahoo from time to time) (collectively, the "Agreement"). Capitalized terms not defined in these Additional Terms have the meanings ascribed to them in the TOS. For clarity, Yahoo Sports Fantasy Football is a "Service" as defined in the TOS. ANY PARTICIPATION IN FANTASY FOOTBALL OR THE USE OF ANY PREMIUM SERVICE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT PARTICIPATE IN FANTASY FOOTBALL OR USE THE PREMIUM SERVICES.
YAHOO ID REQUIREMENT
To participate in Fantasy Football or use any Premium Services, you must have a valid Yahoo ID. If you do not have a Yahoo ID, you will be prompted to sign up for one before completing the registration process for Fantasy Football or the Premium Services.
PAYMENT TERMS FOR PREMIUM SERVICES
Your signup fee for the Premium Service package of your choice ("Signup Fee") gives you access to the features of that particular package from the time you sign up through the end of the National Football League's current regular season. The credit card that you provide as part of your registration data will automatically and immediately be billed for the Premium Service package you request. However, if you have received an offer to try a Premium Service package free for a specific number of days, then you will not be charged until after the free trial period has ended. All currency references are in U.S. dollars. Please note that your payment for any Premium Service is non-refundable, and you may not cancel your Premium Service membership before the end of the current regular season.
TERMINATION OF SERVICE
Notwithstanding anything in the previous paragraph, Yahoo reserves the right, in its sole discretion, to terminate the Service or any Premium Service package at any time for any reason, without notice to you, and provide you a full refund for any Signup Fees you may have paid to Yahoo. In the event that the Service or any Premium Service is terminated under this provision, you acknowledge and agree that Yahoo's sole liability to you will be for any Signup Fees you may have paid, and not for any incidental, consequential, indirect, special or exemplary damages (even if Yahoo has been advised of the possibility of such damages) arising from or relating to your involvement in, or Yahoo's decision to terminate, the Service or any Premium Service.
TERMINATION OF ACCOUNT
If (a) your credit card is invalid for any reason, (b) you charge back to your credit card the fees due under these Additional Terms, (c) it appears you have engaged in cheating or manipulation of the Service, or (d) Yahoo otherwise believes you have acted in a manner inconsistent with the spirit or the letter of the TOS or these Additional Terms, your Fantasy Football account may be suspended or cancelled immediately and all information contained within it immediately deleted or made inaccessible. Yahoo may, but has no duty to, immediately terminate your access to the Service if Yahoo in its sole opinion concludes that you have provided false information in connection with your registration data. Yahoo accepts no liability for information that is deleted due to the termination of your account.
ACCURACY OF INFORMATION
ALL STATISTICS AND OTHER INFORMATION PROVIDED THROUGH FANTASY FOOTBALL AND THE PREMIUM SERVICES ARE UNOFFICIAL. Fantasy Football, the Premium Services, and their respective components are offered for informational and/or entertainment purposes only. While Yahoo and the third parties used to provide the Fantasy Football service and the Premium Services (the "Third Party Providers") use reasonable efforts to include accurate and up-to-date information, neither Yahoo nor its Third Party Providers warrant or make any representations of any kind with respect to the information provided to you through the Fantasy Football service and/or the Premium Services. Yahoo and its Third Party Providers shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Fantasy Football service and/or the Premium Services, and shall not be responsible or liable for any error or omissions in that information.
ENTERTAINMENT PURPOSES ONLY
Fantasy Football and the Premium Services are for entertainment purposes only and may not be used in connection with any form of gambling or wagering.
COLLECTION OF PERSONAL INFORMATION
YAHOO'S RESERVATION OF RIGHTS
Yahoo expressly reserves the right to immediately modify, suspend or terminate your account and refuse current or future use of any Yahoo service, including the Fantasy Football service or the Premium Services, if Yahoo, in its sole discretion: (a) believes you have violated or tried to violate the rights of others; (b) becomes aware of information indicating a safety concern for you, other Yahoo users, or the general public, or (c) believes that you have acted inconsistently with the spirit or letter of the TOS, these Additional Terms, or the Official Game Instructions. Yahoo Fantasy Football, the Premium Services and their related benefits are offered at the discretion of Yahoo, and Yahoo has the right to modify or discontinue, temporarily or permanently, the Yahoo Fantasy Football Service or the Premium Services, in whole or in part for any reason, with or without notice to you. You agree that Yahoo will not be liable to you or to any third party for any modifications or discontinuance of the Service or the Premium Services.
You agree to indemnify and hold harmless Yahoo, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of, or participation in, Fantasy Football or any Premium Service, your connection to the Fantasy Football service or any Premium Service, your violation of the TOS, these Additional Terms, the Official Game Instructions, or of any rights of another person or entity.
INVALIDITY OF SPECIFIC TERMS
If any provision of these Additional Terms or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.
BY ACCESSING AND USING FANTASY FOOTBALL AND/OR THE PREMIUM SERVICES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH FANTASY FOOTBALL AND THE PREMIUM SERVICES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH BELOW, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) AND ATTORNEYS' FEES WILL NOT BE AWARDED OR RECOVERABLE IN ARBITRATION UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES (OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT 'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY), AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT
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 Care team is available via the web to address any concerns you may have regarding the Service. Our Customer Care team is able to resolve most concerns quickly to our entrants' satisfaction. The parties shall use their best efforts through this Customer Care 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 Additional 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 JAMS in accordance with the provisions of its rules and the supplementary procedures for consumer related disputes, 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 Additional Terms, including, but not limited to any claim that all or any part of these Additional 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 rules governing the arbitration may be accessed at www.jamsadr.com or by calling JAMS at 1-800-352-5267. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Yahoo will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Yahoo 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.
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 YAHOO 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.
30-Day Right to Opt Out:
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Yahoo Fantasy Football, 30-Day Right to Opt Out, 701 First Avenue, Sunnyvale, CA 94089. The notice must be sent within 30 days of your first use of the Service otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Yahoo also will not be bound by them.
Changes to this Section:
Yahoo 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 Yahoo agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Santa Clara County, California. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
These Additional Terms, the relationship between you and Yahoo, and any issues and questions regarding the rights and obligations of an entrant in connection with Yahoo Fantasy Football shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to conflict of laws provisions.
WHAT TO DO IF YOU WITNESS A VIOLATION
If you witness any user activity in Yahoo Sports Fantasy Football that violates the TOS, these Additional Terms or the Yahoo Sports Fantasy Football rules then in effect, please notify us of the activity via the contact form located at https://io.help.yahoo.com/contact/index?page=contact&locale=en_US&y=PROD_SPORTS_FAN_FOOTUS. Yahoo cannot guarantee that any action will be taken as a result of your email, but we appreciate your help in making the service a fun place for everyone.
Thanks for participating in Yahoo Sports Fantasy Football.