LineUpComboMaster LLC, a Florida limited liability company ("LUCM", "Company", "we", "us" and "our"), offers you access to lineupcombomaster.com, an online interactive fantasy sports platform with a proprietary, patent-pending lineup generator — U.S. Patent Application No. 63/910,202 (the "Website").
This LineUpComboMaster Terms of Use ("Terms of Use") governs your use of the Website and your access to and use of the products and services we provide (collectively, including the Website, "Service" or "Services").
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at lineupcombomaster.com/privacy. All such terms are hereby incorporated by reference into these Terms of Use.
"You" means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you're authorized to accept the Agreement on that person's or entity's behalf, that by using our Services you're accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
(A) When using the Website, you agree to follow our guidelines and instructions. For security, your session may expire if site pages are left open for an extended period. If you encounter a blank page, error page, or display issue, logging out and logging back in will reset your session and resolve it. Keep in mind that these Terms of Use apply to any use of the Website and any of our products and services (collectively, "Products") whether or not you generate any lineups.
(B) In order to generate lineups, you must become a registered user. You must be at least 18 years of age (or the age of majority in your state, whichever is greater) to register or to use our products and services in any way. If you are under 18 years of age, you are not authorized to use our products and services, with or without registering.
(C) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (an "Account"). You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing our Products. We will not be liable for any loss or damage arising from your failure to comply with this Section.
(D) Registration is 100% free and provides access to join tournaments once your account is funded.
(E) Upon becoming a registered user, you will be able to join tournaments on LineUpComboMaster, paid and free alike. By authorizing a purchase through Stripe or a credit/debit card, you represent and warrant that you are at least 18 years of age (or the age of majority in your state) and are authorized to use the payment method you present for the requested transaction.
(F) If you have insufficient funds in your account balance to play, you will not be able to enter into paid tournaments. Please use a credit/debit card to add to your account balance. Optionally, you may add a saved payment method (e.g. a credit card) to replenish your account balance or to automatically cover charges in excess of your account balance. Saved payment methods are stored remotely by our third-party payment providers, and balances are stored in US dollars.
(G) The use of this site is for entertainment purposes only. We offer tournament player pools for fantasy sports utilizing the latest in lineup generating technology.
(H) The use of the site will be tracked and monitored in accordance with all Federal, State and Local United States Laws.
(I) The use or transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items to any person or entity or attempt any of the aforesaid, including but not limited to LineUpComboMaster LLC, another user or any third party.
(K) The provision of Virtual Items is strictly for your personal, non-commercial use in connection with your use of the Service. The use of Virtual Items is a service provided by LUCM that commences immediately upon acceptance by LUCM of your purchase.
(L) You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. LUCM may revise the pricing for the Virtual Items offered through the Service at any time. YOU ACKNOWLEDGE THAT LUCM IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
(M) We reserve the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
(A) You acknowledge and agree that the Website may contain content or features ("Website Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Website Content, in whole or in part. In connection with your use of the Website you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by us from accessing the Website (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Website or the Website Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Website or distributed in connection therewith are the property of us, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by us.
(B) The LUCM name and logos are trademarks and service marks of LUCM (collectively the "Company Trademarks"). Other company, product, and service names and logos used and displayed via the Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing in this Terms of Use or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Company Trademarks displayed on the Website, without our prior written permission in each instance. All goodwill generated from the use of Company Trademarks will inure to our exclusive benefit.
(C) Under no circumstances will we be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that we do not pre-screen content, but that LUCM and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Website.
(A) The Website is currently free to use after signup/signin. In all instances, our services are not being sold to you; rather, you are being granted a limited license to use our Website, Website Content, and Services.
(B) You acknowledge that we reserve the right to discontinue the Website services, in whole or in part, at any time. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us.
(C) Furthermore, except as expressly permitted in these Terms of Use, you may not: (i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content; (ii) circumvent, disable or otherwise interfere with security-related features of the Website; (iii) use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Website or Website Content for any purpose without our express written permission; (iv) collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses; (v) attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same; (vi) decompile, reverse engineer, or disassemble any portion of the Website; (vii) use network-monitoring software to determine architecture of or extract usage data from the Website; (viii) encourage conduct that violates any local, state or federal law, impersonate others, use a false email address, or misrepresent your affiliation with others; (ix) violate U.S. export laws; (x) engage in any conduct that restricts or inhibits any other user from using or enjoying the Website; or (xi) solicit other users to join or become members of any commercial online service or other organization without our prior written approval.
(D) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.
(A) We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Website (collectively, "submit") messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Website.
(B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
(C) You represent, warrant, and covenant that you will not submit any User Content that: (i) violates or infringes in any way upon the rights of others; (ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense; (iv) includes sensitive personal information such as social security numbers; (v) contains a formula, instruction, or advice that could cause harm or injury; or (vi) is a chain letter of any kind.
(D) By submitting User Content to us, simultaneously with such posting you automatically grant to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish the User Content as we, in our sole discretion, deem appropriate including, without limitation, in connection with our business and in connection with the businesses of our affiliates, licensees, assignees, successors, parents, subsidiaries, and their related companies.
(E) By submitting User Content, you also grant us the worldwide, perpetual, irrevocable, fully sub-licensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs, screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the User Content for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.
(F) Notwithstanding the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and other commercial purposes.
(G) We have the right, but not the obligation, to monitor users. We have the right in our sole discretion and for any reason whatsoever, including without limitation a breach of Section 5(C) above, to suspend or delete a user.
(H) Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, you should notify Company of your infringement claim. A notice of claimed copyright infringement should be emailed to Company's Copyright Agent at lineupcombomaster.com/contact or to [email protected].
We have not reviewed, and cannot review, all of the Website Content and User Content posted to or made available through our Services by users or anyone else or on websites that link to, or are linked from, our Services. We are not responsible for any use or effects of Content or third-party websites. A link to or from one of our Services does not represent or imply that we endorse any third-party website. We do not endorse any Content or represent that Content is accurate, useful, or not harmful.
You agree to release, indemnify and hold LUCM LLC, and its affiliates and their officers, employees, directors and agents (collectively, "Indemnitees") harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Website, any User Content, your connection to the Website, your violation of these Terms of Use or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee.
(A) Agreement to Arbitrate: You agree that any and all disputes or claims that have arisen or may arise between you and Company, whether arising out of or relating to this Terms of Use (including any alleged breach thereof), the Website, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court. You agree that, by entering into this Terms of Use, you and Company are each waiving the right to a trial by jury or to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
(B) Prohibition of Class and Representative Actions: YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS.
(C) Pre-Arbitration Dispute Resolution: Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at lineupcombomaster.com/contact. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Company may commence an arbitration proceeding.
(D) Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules, as modified by this Arbitration Agreement. For information on the AAA, please visit its website, adr.org.
(E) Costs of Arbitration: Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If the value of the relief sought is $75,000 or less, at your request, Company will pay all Arbitration Fees.
(F) Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
(G) Future Changes to Arbitration Agreement: Notwithstanding any provision in this Terms of Use to the contrary, Company agrees that if it makes any future change to this Arbitration Agreement while you are a user of the Services, you may reject any such change by sending Company written notice within thirty (30) calendar days of the change.
(A) We reserve the right in our sole discretion and at any time to terminate or suspend your Site and/or block your access to the Website for any reason including, without limitation if you have failed to comply with these Terms of Use. You agree that LUCM shall not be liable to you or any third party for any termination or suspension of your Account, for blocking your access to the Website, or revoking any benefits, privileges, earned Virtual Items and/or purchases associated with your Account.
(B) Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to indemnities, releases, disclaimers, limitations on liability, choice of law, no class action, no trial by jury and all of the miscellaneous provisions in Section 14.
These Terms of Use shall be construed in accordance with the laws of the State of Florida without regard to its conflict of laws rules. Any legal proceedings against LUCM that may arise out of, relate to, or be in any way connected with our Website or these Terms of Use shall be brought exclusively in the state and federal courts of Osceola County, FL and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
(A) We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Website generally, unique parts of the Website, or both ("Additional Terms"). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use.
(B) Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and the Website from time to time for any changes or Additional Terms. Your access and use of the Website or any Site following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same.
(A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
(B) If any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected.
(C) These Terms of Use (including any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
(D) You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect.