This end user license agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety prior to your use of Real Fantasy Sports service or products. Please note that the Agreement constitutes a legally binding agreement between you and Real Fantasy Sports.net(referred to herein as "Real Fantasy Sports", "us" or "we") which owns and operates the Internet site found at www.realfantasysports.net (the "Site"). By entering into this Agreement, you acknowledge that Real Fantasy Sports is part of a group of companies. As such, where used and the context allows, the term “Group” means Real Fantasy Sports together with its subsidiaries and any holding company of Real Fantasy Sports and any subsidiary of such holding company and any associated company with Real Fantasy Sports.
For the purposes of this Agreement, the definition of "Software" will include the Real Fantasy Sports web accessible website which will be accessed on a range of subdomains of realfantasysports.net. Real Fantasy Sports mobile version (the "Mobile Software") is web accessible and does not require a separate download to your phone (including, without limitation, a cellular phone, PDA, tablet, or any other type of device now existing or hereafter devised) (each, a “Device”) as well as all ancillary software to the Fantasy Sports software.
1. LICENSE/INTELLECTUAL PROPERTY
1.1. Subject to the terms and conditions contained herein Real Fantasy Sports grants the User a non-exclusive, personal, non-transferable right to install and use the Software on your PC or Device, as the case may be, in order to access the Real Fantasy Sports servers and play the Fantasy Sports games (the "Games") available (the Software and Games together being the "Service").
1.2. The Software is licensed to you by Real Fantasy Sports for your private personal use. Please note that the Software is not for use by
(i) individuals under 18 years of age,
(ii) individuals under the legal age of majority in their jurisdiction and
(iii) individuals connecting to the Site from jurisdictions from which it is illegal to do so. Real Fantasy Sports is not able to verify the legality of the Service in each jurisdiction and it is the User's responsibility to ensure that their use of the Service is lawful.
1.3. We reserve the right at any time to request from you evidence of age in order to ensure that minors are not using the Service. We further reserve the right to suspend or cancel your account and exclude you, temporarily or permanently, from using the Service if satisfactory proof of age is not provided or if we suspect that you are underage.
1.4. Real Fantasy Sports, its Group companies and its licensors are the sole holders of all rights in the Software and the Software's code, structure and organization, including copyright, trade secrets, intellectual property and other rights. You may not, within the limits prescribed by applicable laws:
i) Copy, distribute, publish, reverse engineer, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivatives of the source code of the Software, or otherwise;
Sell, assign, sublicense, transfer, distribute or lease the Software
Make the Software available to any third party through a computer network or otherwise;
Export the Software to any country (whether by physical or electronic means);
Use the Software in a manner prohibited by applicable laws or regulations, (each of the above is an "Unauthorized Use").
Real Fantasy Sports, its Group companies and its licensors reserve any and all rights implied or otherwise, which are not expressly granted to the User hereunder and retain all rights, title and interest in and to the Software.
You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorized Use. You shall notify Real Fantasy Sports immediately upon becoming aware of the commission by any person of any Unauthorized Use and shall provide Real Fantasy Sports with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.
In the event of unauthorized use detected the correct course of action will be taken including, but not limited to, account cancellation with all account funds being retained by Real Fantasy Sports.
1.5. The terms "Real Fantasy Sports", the domain names “realfantasysports.net” and any other trademarks, service marks, signs, trade names and/or domain names used by Real Fantasy Sports on the Site and/or the Software from time to time (the "Trade Marks"), are the trademarks, service marks, signs, trade names and/or domain names of Real Fantasy Sports and/or its Group companies and/or its licensors, and these entities reserve all rights to such Trade Marks. In addition, all content on the Site, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to Real Fantasy Sports and/or its Group companies and/or its licensors and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service and the Site you obtain no rights in the Site Content, or any part thereof. Under no circumstances may you use the Site Content and/or the Trade Marks without Real Fantasy Sports prior written consent.
Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights, held by Real Fantasy Sports, its Group companies and/or its licensors in the Software, the Trade Marks or the Site Content nor will you do anything that damages the image or reputation of Real Fantasy Sports, its Group companies, employees, directors, officers and consultants.
2.1. No waiver by Real Fantasy Sports of any breach of any provision of this Agreement (including the failure of Real Fantasy Sports to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
2.2. Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not party to this Agreement other than with respect to any company within the group.
2.3. Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.
2.4. This Agreement constitutes the entire understanding and agreement between you and us regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and us.
2.6. The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
4. OFFENSIVE LANGUAGE OR CONTENT
The User is prohibited from posting any unlawful, indecent, racist, obscene, libelous, defamatory or threatening material or any material that would violate any law or generally be considered to be offensive, via the chat function, the player images option or in correspondence with Real Fantasy Sports staff.
Real Fantasy Sports reserves the right to assign this agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement.
6. NO WARRANTIES
6.1. Real Fantasy Sports disclaims any and all warranties, expressed or implied, in connection with the Service which is provided to you "AS IS" and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.
6.2. Regardless of our efforts to provide you with service of the highest quality, safety and security, we make no warranty that the Service will be uninterrupted, timely or error-free, that defects will be corrected or that the Software and the Site shall be free from viruses, bugs or other contaminants.
6.3. Real Fantasy Sports reserves the right to suspend, discontinue, modify, remove or add to the Service in its absolute discretion with immediate effect and without an obligation to provide you with notice where we consider it necessary to do so, including (for example) where we receive information that you have entered into any self-exclusion agreement with any gaming provider or where we deem it necessary for the management, maintenance or update of the Software and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by Real Fantasy Sports in this regard.
7. PROHIBITED USES
7.1. SOFTWARE MODIFICATIONS. User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way.
7.2. PERSONAL USE. The Service is intended solely for the User's personal use. The User is only allowed to wager for his/her personal entertainment. Under no circumstances shall a User be permitted to use his/her "real money account" with Real Fantasy Sports for any purpose other than for using the Service. The User must provide full and truthful information in respect of all details and information provided by the User to Real Fantasy Sports and the User is obligated to update such details in the event of any change thereto.
7.3 REAL MONEY TRANSFERS. Real Fantasy Sports does not allow any transfer of funds of any type.
7.4. COLLUSION. Collusion between Users or by any other methods is strictly forbidden. Real Fantasy Sports reserves the right, in addition to other measures. In addition, Real Fantasy Sports reserves the right to consider any collusion or attempt at collusion between players (including Users) as a material breach of this Agreement and accordingly Real Fantasy Sports shall have the right to terminate a User's account if a User engages or attempts to engage in any such activity, regardless of the outcome of such attempt.
7.6. AUTOMATIC PLAYERS (BOTS). The use of artificial intelligence including, without limitation, "robots" is strictly forbidden in connection with the Service. All actions taken in relation to the Service by a User must be executed personally by players through the user interface accessible by use of the Software.
7.7. You agree that Real Fantasy Sports may take steps to detect and prevent the use of prohibited EPA Programs. You agree that you will not attempt to bypass, interfere with, or block such steps, including, without limitation, the use of third party software that bypasses, interferes with, or blocks such steps.
7.8. CHIP-DUMPING. Chip-dumping occurs when any User intentionally loses a game in order to deliberately transfer his chips to another User. Any User who participates or attempts to participate in chip-dumping with any other User, including being the recipient of funds, while using the Service may be permanently banned from using the Service and their account may be terminated immediately. In such circumstances Real Fantasy Sports will be under no obligation to refund to you any monies that may be in your Real Fantasy Sports account at such time.
7.9. FRAUDULENT BEHAVIOR. In the event that Real Fantasy Sports deems that a User has engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using the Service, including without limitation, engaging in any of the activities set forth in this clause 5 or any other game manipulation, or the making of any fraudulent payment, including without limitation, use of a stolen credit card or fraudulent chargeback or money laundering, Real Fantasy Sports shall be entitled to take such action as it sees fit, including, but not limited to:
immediately blocking a User's access to the Service;
terminating a User's account with Real Fantasy Sports;
seizing the funds within a User's account;
disclosing such information (including the identity of the User) to financial institutions, relevant authorities and/or any person or entity that has the legal right to such information; and/or
taking legal action against a User.
7.10. Persons located in or residents of the United States and the United States Territories (the “Prohibited Jurisdictions”) are not permitted to make deposits into their accounts or engage in real-money play. They may cash out their existing account balances. For the avoidance of doubt, the foregoing restrictions on engaging in real-money play from Prohibited Jurisdictions apply equally to residents and citizens of other nations while located in a Prohibited Jurisdiction.
Players located in or residents of France and applicable territories, Italy, Estonia, Belgium, Denmark, and Spain (the “Restricted Jurisdictions”) are required to play according to the regulations in each Restricted Jurisdiction, using the appropriately designated, licensed game clients.
Any attempt to circumvent the restrictions on play by any persons located in a Prohibited Jurisdiction or Restricted Jurisdiction, is a breach of this Agreement. An attempt at circumvention includes, but is not limited to, manipulating the information used by Real Fantasy Sports to identify your location and providing Real Fantasy Sports with false or misleading information regarding your location or place of residence.
8. LICENSED SOFTWARE
8.1 The User’s use of the Licensed Software is subject to compliance with all of the terms and conditions of this Agreement.
8.2 The Licensed Software may not be altered, modified or extracted from the Software.
8.3 The User’s use is limited to ordinary personal use and not for further resale, sublicensing or distribution.
The User accepts that the historical data of each game shall be as recorded on the Real Fantasy Sports servers. In the event of a discrepancy between the data displayed on your computer and the game records on the Real Fantasy Sports server the latter shall prevail. The User accepts that information displayed on screen of the Software shall not be considered as the official historical record of any game.
If a User wishes to make a complaint, please contact our customer service team at [email protected]
Real Fantasy Sports reserves the right to change/update/modify any clause(s) or any part thereof in the Terms and Conditions of service of this Agreement at any time without notice. You do not have any right to challenge any decision or any changes in the Terms and Conditions made by Real Fantasy Sports. There may be a lag in communicating the changes in Terms and Conditions of service to the User from the time the change(s) may have been made by the management of Real Fantasy Sports. The emphasis is with the user to keep up to date with the terms and conditions of service and changes within the service. Amended Agreement will be posted on the site.
11.1. Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, Real Fantasy Sports or any other company within the Group which provides services to the User reserves the right to take such action as it sees fit, including terminating this Agreement or any other agreement in place with the User, immediately blocking the User’s access to the Service or to any other service offered by the Group, terminating such User's account on the Site or on any other site operated by the Group, seizing all monies held in the User’s account on the Site or on any other site operated by the Group and/or taking legal action against such User.
11.2. You agree to fully indemnify, defend and hold harmless Real Fantasy Sports, the Group and its shareholders, directors and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
your breach of this Agreement, in whole or in part;
violation by you of any law or any third party rights; and
use by you of the Service or use by any other person accessing the Service using your Login Credentials (as defined below) , whether or not with your authorization.
12. LIMITATION OF LIABILITY
13.1. Under no circumstances, including negligence, shall Real Fantasy Sports or any other member of the Group be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Service even if Real Fantasy Sports had prior knowledge of the possibility of such damages.
13.2. Nothing in this Agreement shall exclude or limit Real Fantasy Sports or the Group's liability for: (a) death or personal injury resulting from its negligence; or (b) fraud or fraudulent misrepresentation.
Real Fantasy Sports retains authority over the issuing, maintenance, and closing of Users' accounts on the Site. The decision of Real Fantasy Sports management, as regards any aspect of a User's account, use of the Service, or dispute resolution, is final and shall not be open to review or appeal.
14. CASHOUT/WITHDRAWAL POLICY
Refer terms and conditions of Cashout/Withdrawal Policy on the site.
15. YOUR REPRESENTATIONS AND WARRANTIES
Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:
15.1. There is a risk of losing money when using the Service and that Real Fantasy Sports has no responsibility to you for any such loss;
15.2. Your use of the Service is at your sole option, discretion and risk;
15.3. You are solely responsible for any applicable taxes which may be payable on cash or prizes awarded to you through your using the Service;
15.4. The telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond the control of Real Fantasy Sports and Real Fantasy Sports shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same; and
15.5. You are aged 18 or over and that you are not currently self-excluded from any online or mobile gaming site and that you will inform us immediately if you enter into a self-exclusion agreement with any gaming provider.
16. SECURITY AND YOUR ACCOUNT
16.1. Each User account shall be accessible through the use of a combination of a unique
User ID ("User ID"), a unique and secret password ("Password"), and other optional numeric authentication methods that the User may select (the User ID, Password and any other authentication features together being referred to as the "Login Credentials"). The User is obligated to choose his/her own User ID and Password in accordance with the rules relating thereto.
16.2. The User agrees that he/she is solely responsible for all use of the Service under his/her Login Credentials and that he/she shall not disclose the Login Credentials to any person whatsoever nor permit another person to use the Service via his/her User account.
16.3. The User is obliged to keep his/her Login Credentials secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Login Credentials shall be the sole responsibility of the User and be deemed as his/her use. Any liability therefrom shall be that of the User.
16.4. A User may only have one User account with Real Fantasy Sports and shall only use the Service using such single account. It is prohibited for a User to open multiple accounts with Real Fantasy Sports. In the event that Real Fantasy Sports becomes aware of additional accounts opened by a User, Real Fantasy Sports may close such additional accounts without notice and may confiscate funds held in such additional accounts.
16.5. Please note that monies held in your Real Fantasy Sports account do not accrue interest.
16.6. You will not be able to place any bets using the Service in an amount greater than the total amount of money in your Real Fantasy Sports account.
16.7. You acknowledge and agree that monies deposited by you in your Real Fantasy Sports account are held in a ring fenced account on your behalf.
16.8. The policy and procedure for a User to effect a period of self-exclusion are set out on the Real Fantasy Sports Responsible Gaming page of the Site.
17.1 In order to participate in Play Money games, you must be at least 18 years old.
17.2 In order to participate in Real Money games, you must satisfy the following criteria at all times:
17.2.1 You must be at least 18 years old.
17.2.2 You must not suffer from any disability or impairment which would prevent you from assuming the responsibilities mentioned in our terms and conditions.
17.2.3 You must satisfy yourself that it is legal for you to participate in Real Money Games in the specific jurisdiction from which you are accessing our website. The responsibility of knowing the legality of Fantasy Sports in your jurisdiction lies solely with you.