PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS, AS DETAILED IN SECTION 12. THIS AGREEMENT IS ALSO SUBJECT TO CERTAIN DISCLAIMERS AND LIMITATIONS OF LIABILITY, AS FURTHER DETAILED IN SECTION 11.
This is a contract between you and Fantasy Mashups, a Minnesota corporation. You must read and agree to these Terms before using the Services. If you do not agree, you may not use the Services. These Terms describe the limited basis on which the Services are available and supersede prior agreements or arrangements.
Fantasy Mashups may amend these Terms. Any such amendment will be effective thirty (30) days following either dispatch of a notice to you or posting of the amendment on the Services. If you do not agree to any change to these Terms, you must discontinue using the Services. Fantasy Mashups’ customer service representatives are not authorized to modify any provision of these Terms, either verbally or in writing.
Fantasy Mashups may immediately terminate this contract with respect to you, including your access to the Services. Cause for such termination shall include, but is not limited to: breaches or violations of these Terms or other incorporated agreements or guidelines; requests by law enforcement or other government agencies; a direct request by you; discontinuance or material modification to the Services, or any part thereof; unexpected technical or security issues or problems; and, extended periods of inactivity. Absent a request from you, Fantasy Mashups does not intend to terminate your account without good cause; however, you agree that any unilateral termination of the account by Fantasy Mashups is ultimately a decision vested in Fantasy Mashups’ sole discretion.
Fantasy Mashups’ competitions are void where prohibited. You hereby represent and 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.
If you do not meet the eligibility requirements of this section, then you are not authorized to use the Services. Fantasy Mashups reserves the right to request proof of age or identity or to verify eligibility conditions and potential winning entries, prior to awarding any prize. Fantasy Mashups reserves the right to award any prize to a winner in person. Fantasy Mashups further reserves the right to terminate your account and withhold or revoke the awarding of any prizes associated with an ineligible account. Fantasy Mashups also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts.
To be eligible to open an account or enter any contest on the Site, or win prizes offered by the Site, you must meet all of the following conditions:
Additionally, athletes, coaches and other team management, team support personnel, and team owners are not eligible to participate in contests in the sport or sports with which they’re associated. Team owners, league employees, sports commissioners, and other individuals, who through an ownership interest or game-related employment can influence the gameplay, are also not eligible to participate in contests in the sport or sports with which they’re associated.
In order to use certain features of the Services, you must register and set up an account with Fantasy Mashups. By registering as a user of the Services, you agree to provide and maintain accurate, current and complete information about yourself including but not limited to your name, age, and address. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness. You agree that Fantasy Mashups may take steps to verify the accuracy of information you provide, including your age and contact information, prior to awarding any prizes or permitting withdrawal of money deposited on the Site.
If your account information is not accurate, not current, or incomplete, or if Fantasy Mashups has reasonable grounds to believe that your account information is not accurate, not current, or incomplete, Fantasy Mashups, at its sole discretion, may deny you access to certain Services and areas of the Site requiring registration. Fantasy Mashups, acting reasonably, reserves the right to not open an account for you.
You may open, maintain, use and control only one account on the Services. For avoidance of doubt, users may not “co-own” accounts on the Services. In the event Fantasy Mashups determines you have opened, maintained, used or controlled more than one account, Fantasy Mashups reserves the right to suspend or terminate any or all of your accounts and withhold or revoke the awarding of any prizes.
If you create a username that Fantasy Mashups deems, in its sole discretion, to be abusive, defamatory, harassing, hateful, indecent, objectionable, offensive, or vulgar, Fantasy Mashups reserves the right to cancel any of your contest entries and block your account from any future activity.
Fantasy Mashups may suspend or terminate your account and your ability to use the Services if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with any of these Terms or supplemental terms.
You are responsible for taking reasonable steps to maintain the confidentiality of information related to your account, including your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify Fantasy Mashups of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Services.
As a result of your registration for the Services, you may receive certain commercial communications from Fantasy Mashups. 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, where available, or sending an email to [email protected]_. Following an opt-out, Fantasy Mashups may still communicate with you via email to the extent permitted by applicable law.
Each year all winners who have won $600 or more over the previous year must provide updated address and social security details to Fantasy Mashups. These details will be used to allow Fantasy Mashups to comply with tax regulations and may be shared with appropriate tax authorities. You, not Fantasy Mashups, are responsible for filing and paying applicable state and federal taxes on any winnings. Fantasy Mashups does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.
By entering a contest, you consent to Fantasy Mashups’ and its service providers’ and business partners’ use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other Fantasy Mashups’ contests and Fantasy Mashups generally, unless otherwise prohibited by law. Fantasy Mashups 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. You agree that Fantasy Mashups may announce any winner’s name on-air or on its Site or at or on any other location or medium at any time in connection with the marketing and promotion of Fantasy Mashups or other contests or games operated by Fantasy Mashups. 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.
You may deposit money into your account. All prizes that you win and money that you deposit into your account (collectively, “Account Balances”) are held in a bank account separate from Fantasy Mashups’ operational funds. Withdrawals by you will be made from this separate bank account and in accordance with the Terms provided herein. Account Balances belong to you, subject to review for identity and eligibility verification, evidence of fraud, or prohibited conduct. If you do hold an Account Balance, that Account Balance represents an unsecured claim against Fantasy Mashups and is not insured by the FDIC. Fantasy Mashups may limit the amount you can deposit into your account at Fantasy Mashups’ sole discretion and/or in accordance with state-imposed deposit limits.
Notwithstanding anything contrary contained herein, Fantasy Mashups may combine your Account Balance with the Account Balances of other users and may invest those funds in liquid investments in accordance with state money transmitter laws. All interest and earnings on Account Balances will be the sole property of Fantasy Mashups. Fantasy Mashups will not pay any interest or earnings to you for Account Balances.
Contests that you enter on the Services may have supplemental rules and conditions to which you are subject, but the following general rules apply, absent contrary terms in any supplemental rules or conditions for those contests.
Fantasy sports contests are contests of skill. Winners are determined by the criteria stated in each contest’s rules. Such contests are designed to test contest entrants’ respective proficiency in exercising their judgment and knowledge regarding sports in light of the contests’ 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 fantasy points. Fantasy points are accumulated through the performance of individual athletes across multiple sports events. All contest entries must be made up of players drawn from a minimum of two sporting events. No contests containing a single sporting event will be allowed on the platform.
Fantasy Mashups is not to be used as a tool to aid illegal gambling. It is incumbent upon you to know the laws that pertain to you within your jurisdiction and to act lawfully at all time when using the Services. All contests conducted in connection with Fantasy Mashups’ Services must comply with applicable state and federal laws governing their operation. Contests that fail to comply with such laws will be void.
Contests on Fantasy Mashups will display an entry fee listed in US dollars.
We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or containing false information. Contest entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified.
Contests lock when the minimum number of contest entries is met. No more entries or lineup changes may be made after a contest locks.
The term and length of each individual contest will depend on the professional sport related to that contest, generally commencing and ending either on a single day, over the course of a week, or over the course of a full professional sports league’s regular season. The length of each individual contest will be explicitly stated on its respective contest page.
Fantasy Mashups offers a number of different types of head to head contests. For each contest, Fantasy Mashups announces 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.
At the conclusion of each contest, the tentative winner(s) are announced (generally by the following day) but remain subject to final verification. Prizes will then be awarded, consistent with each contests’ posted rules, to eligible entrants within fourteen (14) days of the contests’ conclusion. Prizes awarded are reflected in contest winners’ accounts. In the event of a tie, the prize is divided evenly between the tied entrants, unless otherwise specified.
Prize calculations are based on the results as of the time when final scoring is tabulated by Fantasy Mashups. Once winners are initially announced by Fantasy Mashups, the scoring results will not be changed in light of official adjustments made by the professional leagues, though Fantasy Mashups reserves the right to make adjustments based on errors or irregularities in the transmission of information to Fantasy Mashups from its statistics provider or in its calculation of results. Fantasy Mashups also may make adjustments in the event of noncompliance with the Terms. Fantasy Mashups has no obligation to delay the awarding of a prize in anticipation of any adjustment, and Fantasy Mashups reserves the right to reverse the payment of prizes in the event of any adjustment. You agree to cooperate with Fantasy Mashups’ efforts to reverse the payment of prizes.
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 winners. In the event that the awarding of any prizes to winners of any contest is challenged by any legal authority, Fantasy Mashups 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 winners of contests, Fantasy Mashups is the sole judge and its actions are final and binding.
Winners are generally posted on the Site after the conclusion of each contest, generally by 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.
Fantasy Mashups, in its sole discretion, reserves the right to modify, suspend, cancel or terminate a contest, or extend or resume the entry period, without giving advance notice and without restrictions. For example, Fantasy Mashups may cancel a contest if it cannot be guaranteed the contest can be carried out fairly or correctly for technical, legal or other reasons; if Fantasy Mashups suspects that any person has manipulated entries or results, provided false information or acted unlawfully or unethically; or if the minimum number of contest entries is not met. If Fantasy Mashups cancels or terminates a contest, prizes may be awarded in any manner it deems fair and appropriate consistent with local laws governing the contest.
The failure of Fantasy Mashups to comply with any provision of these Terms due to what is commonly referred to as an act of God or a hurricane, war, fire, earthquake, terrorism, act of public enemies, actions of government authorities outside of the control of Fantasy Mashups (not related to compliance with applicable regulations), or other force majeure event will not be considered a breach of these Terms.
Fantasy Mashups, in its sole discretion, may disqualify you from a contest or the entire Service, refuse to award fantasy points or prizes and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct Fantasy Mashups deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information, including payment information, required to use the Service or claim a prize; violating eligible payment method terms, including the terms of any cash rewards payment card, violating any of these rules, accumulating points or prizes through unauthorized methods such as unauthorized scripts or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service; obtaining other entrants’ information and spamming other entrants; and abusing the Service in any way; or otherwise violating these Terms. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent Fantasy Mashups from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.
At various times, Fantasy Mashups may offer bonuses to new depositing users and for other marketing purposes. Any cash bonuses and promotions an entrant receives may not be withdrawn from Fantasy Mashups account unless certain conditions are met as stated by the terms for each applicable bonus, or promotion. These terms may include, but are not limited to, using the bonus to enter into at least one contest with an entry fee greater than zero dollars or a minimum deposit of $10.00 into your Fantasy Mashups account. Any attempted abuse of bonuses is prohibited, and may result in the loss of bonuses, and the suspension of all playing privileges on Fantasy Mashups.
Referrals occur when an existing user invites a new user to Fantasy Mashups. Bonus credits may be offered to one or both users when a user joins, makes a deposit, makes a challenge, makes multiple challenges or takes a variety of other actions on the Site.
Promotional codes may be made available through marketing materials. These codes can be redeemed on the deposit page of the Fantasy Mashups application. The first 2000 users will recieve a $25 FREE INSTANT bonus which can be used for any contest that user chooses. Only the "winnings" of those contests will be credited to the users account if he/she wins the contest and not the free $25 play buy in amounts.
Unless otherwise stated, rules for the promo codes are as follows:
Fantasy Mashups reserves the right to remove or change any bonus credit from any of the above programs at any time.
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 Fantasy Mashups. By way of example, and not as a limitation, you agree not to:
You acknowledge and agree that Fantasy Mashups may remove any User Generated Content (as defined in Section 8 below) and/or terminate your account for any violations of the above user conduct terms or upon receipt of claims or allegations from other users, third parties, or authorities.
To report violations of these Terms, please contact us at [email protected]
The Services may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”), which may be accessible and viewable by the public. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
Fantasy Mashups does not claim ownership to your User Generated Content; however, you grant Fantasy Mashups a non-exclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize Fantasy Mashups to use and exploit, your User Generated Content in all manners contemplated by these Terms. You agree to indemnify and hold Fantasy Mashups and its subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Fantasy Mashups by any third party arising out of or in connection with Fantasy Mashups’ use of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against Fantasy Mashups or its licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that Fantasy Mashups authorizes you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of its copyrighted works, Fantasy Mashups grants you a non-exclusive license to create a derivative work using its copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to Fantasy Mashups of all rights in the work you create. If such rights are not assigned to Fantasy Mashups, your license to create derivative works using Fantasy Mashups’ copyrighted works shall be null and void.
Fantasy Mashups has the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. Fantasy Mashups is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Unless otherwise noted, all text, content and documents in the Services, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Services, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works in the Services (“Our Content”) are owned by Fantasy Mashups or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Fantasy Mashups and you, all right, title and interest in and to Our Content will at all times remain with Fantasy Mashups and/or its Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used in the Services, are registered and/or common law trade names, trademarks or service marks Fantasy Mashups. Fantasy Mashups does not transfer ownership, license, or title to any portion of Our Content to you.
Fantasy Mashups encourages your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Site that you may choose in your sole discretion to provide Fantasy Mashups from time to time (“Feedback”). When you provide Feedback, you grant Fantasy Mashups, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback for Fantasy Mashups’ commercial or other use and to incorporate it into the Site or other products or services. In connection with anything you submit to Fantasy Mashups – whether or not solicited by Fantasy Mashups – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and Fantasy Mashups in any way, and that you have no expectation of review, compensation or consideration of any type.
You agree to release and to indemnify, defend and hold harmless Fantasy Mashups and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, your violation of these Terms, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Fantasy Mashups reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Fantasy Mashups in the defense of such matter.
YOU ACKNOWLEDGE AND AGREE THAT FANTASY MASHUPS, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS AND/OR REPRESENTATIVES, SHALL NOT BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE DATA OR OTHER DATA OR OTHER TANGIBLE OR INTANGIBLE LOSS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF FANTASY MASHUPS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY OF THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT FANTASY MASHUPS, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS AND/OR REPRESENTATIVES, SHALL NOT BE HELD LIABLE FOR ANY ACTIVITIES TAKEN BY YOU THAT MAY VIOLATE ANY LAWS TO WHICH YOU ARE SUBJECT. FANTASY MASHUPS DOES NOT REPRESENT OR WARRANT THAT ACTIONS YOU TAKE RELATED TO THE SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND IT IS THEREFORE INCUMBENT UPON YOU TO KNOW THE LAWS THAT PERTAIN TO YOU WITHIN YOUR JURISDICTION AND TO ACT LAWFULLY AT ALL TIMES WHEN USING THE SERVICES.
FANTASY MASHUPS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY, CURRENCY, OR RELIABILITY OF ANY INFORMATION OR CONTENT PROVIDED BY A THIRD PARTY THAT APPEARS ON THE FANTASY MASHUPS SITE OR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT FANTASY MASHUPS, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS AND/OR REPRESENTATIVES, SHALL NOT BE HELD LIABLE FOR ANY ERRORS, OMISSIONS, INACCURACIES, DELAYS, OR FAILURES IN PERFORMANCE RESULTING FROM SUCH INFORMATION AND CONTENT, OR FROM CAUSES BEYOND FANTASY MASHUPS’ REASONABLE CONTROL.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES. THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FANTASY MASHUPS DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR JURISDICTION.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING A RIGHT TO FILE A LAWSUIT IN COURT.
You and Fantasy Mashups agree to arbitrate all disputes between you and Fantasy Mashups, except disputes relating to the enforcement of Fantasy Mashups’ or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and Fantasy Mashups concerning the Services or these Terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and Fantasy Mashups empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
In the event of a dispute, you or Fantasy Mashups must send to the other party a notice of dispute, which is a written statement that sets forth name, address and contact information of the party giving notice; the facts giving rise to the dispute; and the relief requested. You must send any notice of dispute to Fantasy Mashups LLC, Attention: Legal/Arbitration Notice, _131 George Street, Excelsior MN 55331. Fantasy Mashups will send any notice of dispute to you at the contact information Fantasy Mashups has for you. You and Fantasy Mashups will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or Fantasy Mashups may commence arbitration. You or Fantasy Mashups may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and Fantasy Mashups do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the State of Illinois, United States of America, and you and Fantasy Mashups agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Fantasy Mashups will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
Notifications of claimed copyright infringement and counter notices should be addressed to [email protected] Mashups.com, or via physical mail to Fantasy Mashups LLC, Attention: DMCA Designated Agent, _131 George Street, Excelsior MN 55331.
Fantasy Mashups will respond expeditiously to claims of copyright infringement committed using the Services that are reported to its designated agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to Services hosted in the United States, these notices must include the required information set forth in the DMCA.
These Terms and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination. Specifically and without limitation, the following provisions of the Terms shall survive any termination of these Terms: Conditions of Participation (Section 3); Transactions (Section 4); Contest Rules (Section 5); User Generated Content (Section 8); Intellectual Property (Section 9); Indemnity (Section 11); Disclaimers and Limitations on Liability (Section 12); Binding Arbitration and Class Action Waiver (Section 13); and Additional Provisions (Section 14).
No waiver of any provision of these Terms by Fantasy Mashups shall be deemed a further or continuing waiver of such provision or any other provision, and Fantasy Mashups’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.