MVP Pass (DFS)

GURU FANTASY REPORTS, INC. TERMS OF SERVICE

Last updated: 12/11/19

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

BY REGISTERING FOR AN ACCOUNT OR BY ACCESSING OR USING OUR SERVICES IN ANY WAY, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH US, AND YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT REGISTER FOR AN ACCOUNT OR ACCESS OR USE THE SERVICES.

Guru Fantasy
Reports, Inc. (“Guru Fantasy Reports,”
“we,” “us,” or “our”) owns and
operates its fantasy sports websites located at FantasyGuru.com,
EliteFantasy.com, and EliteSportsBetting.com and related applications, content,
products, tools, features, subscriptions, and services (collectively, the “Services”). These Terms of Service (“Terms” or “Agreement”)
apply to you – all users who register for an account or in any way access or
use the Services (“users”, “you”, or “your”).  

Please note that when
using any specific component of the Services, you are subject to any posted
rules, regulations, and guidelines applicable to such specific Services and all
such rules, regulations, and guidelines are hereby incorporated by reference
into these Terms.

1. Subscriptions, Auto-Renewal, and Cancellation

• Auto-Renewal. Paid subscriptions may be required to access our Services. By signing up for a subscription, you agree that your subscription will be automatically renewed and, unless you cancel your subscription, you authorize us to collect the applicable fees via your payment method for the renewal term.  The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you at the time of sale.  The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal.

• Free Trials. From time to time, we may offer a free trial
  subscription for certain Services.  If
  you register for a free trial subscription, we will automatically begin to bill
  your account when the free trial subscription expires, unless you cancel
  your subscription before that time.

• Cancellation.  When you subscribe to the Services, you have the right to cancel your subscription at any time by contacting us at [email protected] or 401 Park Avenue South, 10th Floor, New York, NY 10016.  If you cancel your subscription within fourteen (14) days after you register an account, you will receive a full refund of the subscription fee paid. If we refund your subscription fee, you will still be obligated to pay other charges incurred.  We do not provide refunds for cancellations that occur 14 days after registering an account.  If you wish to cancel, you must do so by sending us written notice of your cancelation to [email protected] or 401 Park Avenue South, 10th Floor, New York, NY 10016.

• The rates and charges imposed by us for subscriptions are set at our
  discretion and subject to change. If you pay a periodic subscription fee for
  any Services, we will provide you with reasonable notice of changes to the fees
  or billing methods in advance of their effective date and you will be able to
  cancel your subscription prior to such change. 
  All pricing is exclusive of any taxes or other fees that you may owe.

• When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information.  We reserve the right to utilize third-party credit card updating services to obtain current expiration dates on credit cards.

2. Services

• Guru Fantasy Reports provides users with an interactive community in
  which users may discuss, among other things, fantasy sports. Through the
  Services, you may access content, rankings, projected lineups, listen to
  podcasts, view live streams and engage in various discussions via chat
  rooms.  The Services also include access
  to numerous online resources, including various communication tools, articles,
  reviews, guides, hyperlinks, personalized content and branded programming
  through our network of affiliates.

• THE SERVICES ARE INTENDED FOR YOUR PERSONAL, INFORMATIONAL AND
  ENTERTAINMENT PURPOSES ONLY. THEY DO NOT CONSTITUTE LEGAL, FINANCIAL, OR
  PROFESSIONAL ADVICE. 

• The Services shall not be used for or in connection with any illegal
  activities.  It is your responsibility to
  understand the laws that pertain to you within your jurisdiction and to act
  lawfully at all times when using the Services. 
  You agree that Guru Fantasy Reports and its parents, subsidiaries,
  affiliates, employees, agents, representatives, and assigns will not be liable
  or responsible for any user activity that may violate any applicable law.

3. Eligibility and Registration

• Our Services are available only to residents of the United States and
  Canada who are 18 years of age or older. 
  USERS LOCATED OUTSIDE THE UNITED STATES OR CANADA ARE PROHIBITED FROM
  REGISTERING FOR AN ACCOUNT OR ACCESSING THE SERVICES IN ANY WAY.

• When registering an account, you agree to provide and maintain accurate,
  current and complete information, including your age, your contact information
  for notices and other communications from us, and your payment
  information.  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 we may take steps to verify the accuracy of information you provide,
  including your age, location, and contact information.

• Each user is permitted an account for his or her individual, personal use
  only.  Legal entities are not permitted
  to register for an account or subscribe to the Services.  Sharing your username and password or other
  account credentials with others is strictly prohibited.  You are responsible for taking reasonable
  steps to maintain the confidentiality and security of information related to
  your account, including your username and password, and you are responsible for
  all activities under your account.  You
  agree to promptly notify us 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.

4. User Content and Conduct

• The Services may allow you to communicate, submit, upload or otherwise
  make available text, images, audio, video, competition entries or other content
  (“User Content”), which may be
  accessible and viewable by the public.  You
  are solely responsible for any User Content that you submit, post, or transmit
  via our Services and you do so at your own risk.

• You agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Services, any User Content that we believe, in our sole discretion:
  • is unlawful, libelous, defamatory, harassing, threatening, invasive of privacy or publicity rights, or that would otherwise create liability or violate any local, state, national, or international law;
  • contains nudity, sexually explicit content, or is otherwise obscene, pornographic, indecent, lewd, suggestive, or sexually exploitative of minors;
  • may disparage any ethnic, racial, sexual, or religious group by stereotypical depiction or is otherwise abusive or inflammatory;
  • depicts the use of illicit drugs;
  • contains offensive language or images or is otherwise objectionable;
  • incites violence or characterizes violence as acceptable, glamorous, or desirable;
  • impersonates any person or entity, including, but not limited to, a Guru Fantasy Reports official, forum leader, forum moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forges headers or otherwise manipulates identifiers in order to disguise the origin of any content transmitted through the Service;
  • contains advertising, promotional materials, “junk mail,” “spam,” or any other form of solicitation, except in those areas that are designated for such purpose;
  • contains private or personal information about another person, unless such person has agreed to the disclosure of this information;
  • contains viruses, corrupted data or other harmful, disruptive, or destructive file viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; or
  • would constitute, encourage or provide instructions for a criminal offense or violate the rights of any third party.

• Guru Fantasy Reports is not a party to, makes no representations or warranties as to, and has no responsibility or liability with respect to any User Content or other communications, transactions, interactions, disputes, or any relations whatsoever between you and any other user, person, or organization using our Services. You are solely responsible for your interactions with other users of our Services.  We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Content or communications sent through our Services, for any reason in our sole discretion.  Without limiting the generality of the foregoing, you agree and acknowledge that we reserve the right to temporarily or permanently remove any user from our Services, for any reason in our sole discretion.

• You own your User Content, and you grant us 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 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 Content conforms to these Terms
  and that you own or have the necessary rights and permissions to use and
  exploit, and to authorize us to use and exploit, your User Content in all
  manners contemplated by these Terms.  You
  also agree not to enforce any moral rights, ancillary rights or similar rights
  in or to the User Content against us or our 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 we authorize you to create, post, upload, distribute,
  publicly display or publicly perform User Content that requires the use of our
  copyrighted works, we grant you a non-exclusive license to create a derivative
  work using our copyrighted works as required for the purpose of creating the
  materials, provided that such license shall be conditioned upon your assignment
  to us of all rights in the work you create. 
  If such rights are not assigned to us, your license to create derivative
  works using our copyrighted works shall be null and void.

5. Submissions

Separate and apart from User Content, we welcome questions, comments, suggestions, and ideas about Guru Fantasy Reports and our Services (“Submissions”). If you provide a Submission, whether by email or otherwise, you agree that it is non-confidential (unless we state otherwise in writing) and shall become the sole property of Guru Fantasy Reports. Guru Fantasy Reports shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise. You acknowledge that Guru Fantasy Reports is not obligated to provide acknowledgment or compensation to you in exchange for Submissions.

6. Guru Fantasy Reports Content and Trademarks

• The Services and all content and other materials that can be viewed or
  accessed on the Services, including, without limitation, all designs, text,
  graphics, pictures, videos, information, data, software, sound files, articles,
  message boards, chat rooms, live streams, podcasts, lineups, and rankings, and
  the selection and arrangement thereof, (collectively, the “Guru Fantasy Reports Content”) are the proprietary property of Guru
  Fantasy Reports or our licensors or users and are protected by U.S. and
  international copyright, trademark, patent, trade secret, and/or other
  intellectual property laws.  For clarity,
  User Content is not Guru Fantasy Reports Content.

• You may use the Guru Fantasy Reports Content only in connection with your
  personal use of the Services. You may not copy, reproduce, modify, republish,
  upload, post, transmit, or distribute any Guru Fantasy Reports Content in any
  form or by any means without prior written permission from us or the content
  owner. Any unauthorized use of the Guru Fantasy Reports Content may violate
  copyright, trademark, and other applicable laws and could result in criminal or
  civil penalties against you.

• “Elite Fantasy,” “Guru Fantasy Reports,” “Fantasy Guru,” “Elite Sports Betting,” and all related 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 of Guru Fantasy Reports and may not be copied, imitated or used, in whole or in part, without our prior written permission.  All other trademarks, registered trademarks, product names, and names or logos mentioned in the Services are the property of their respective owners. Reference to any third-party products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

7. Competitions

Competitions
or contests that you enter on the Services may have supplemental rules and
conditions, but the following general rules apply absent contrary terms in any
supplemental rules or conditions for the competition.

• Entries.  Your competition entry is User Content and subject to all provisions of these Terms that govern your submission and our use of your User Content.  We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or containing false information.  Competition 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.
  • We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice.  We will do so if it cannot be guaranteed the competition can be carried out fairly or correctly for technical, legal or other reasons, or if we suspect that any person has manipulated entries or results, provided false information or acted unethically.  If we cancel or terminate a competition, prizes may be awarded in any manner we deem fair and appropriate consistent with local laws governing the competition.
  • Participation in any competition constitutes full and unconditional agreement to and acceptance of these Terms and the decisions of Guru Fantasy Reports, which are final and binding. Winning a prize is contingent on fulfilling all requirements set forth herein.

• Eligibility.  Our
  competitions are open only to residents of the United States who are 18 years
  of age or older at the time of entry. Unless otherwise provided, to enter a
  competition you must be a registered or subscribed user of the Services and
  have an active account with current contact information. No purchase is
  necessary to enter a competition and a purchase will not improve your chances
  of winning.  Competitions are not open to
  our employees (or their immediate families) or anyone else professionally
  associated with the competition. We reserve the right to request proof of age
  or identity or to verify eligibility conditions and potential winning entries,
  and to award any prize to a winner in person. 
  Competitions are subject to all applicable federal, state, and local
  laws and regulations. Competitions are void where prohibited or restricted by
  law.

• Prizes.  Winners will be notified via the contact information that you provide when you register or subscribe to the Services, or via social media, depending on the competition. You will be required to contact us within forty-eight (48) hours if you have been notified you are a winner.
  • No cash or alternative prizes are available, except that we (or the party providing a prize) reserve the right to substitute a similar prize of equal or greater value.  Prizes cannot be transferred or sold by winners.  Only the number of prizes stated for the competition are available to be won and all prizes will be awarded, provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided in connection with the competition, after which no alternate winners will be selected or unclaimed prizes awarded.  Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize.  All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms.
  • Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants us an unconditional right to us to use your name, town or city and state, province or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation.  As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.

8. Third-Party Services, Competitions, and Content

• The Services may integrate, be integrated into, or be provided in
  connection with third-party websites, services, competitions, or content. We do
  not control those third-party services, competitions, and content. You should
  read the terms and privacy policies that apply to such third-party services,
  competitions, and content. Descriptions of, or references or links to,
  third-party websites, competitions, services, products or publications within
  the Services do not imply endorsement of those third-party websites,
  competitions, services, products or publications.

• You agree that Guru Fantasy Reports will not be responsible or liable,
  directly or indirectly, for any loss or damage of any sort incurred as a result
  of your activities related to those third parties or their websites,
  competitions, services, products or publications.

9. Copyright and Infringer Policy

In
accordance with the Digital Millennium Copyright Act (“DMCA”) and other
applicable law, Guru Fantasy Reports has adopted a policy of terminating, in
appropriate circumstances and in Guru Fantasy Reports sole discretion, users
who are deemed to be repeat infringers of other’s copyrighted property. Guru
Fantasy Reports may also, in our sole discretion, limit access to the Services
and/or terminate the accounts of any users who we believe may infringe any
intellectual property rights of others.

If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with the Guru Fantasy Reports Copyright Agent as set forth below.

Email: [email protected]

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification.
You should note that if you knowingly misrepresent that the material or
activity is infringing, you will be liable for any damages, including costs and
attorneys’ fees, incurred by us or the alleged infringer as the result of our
relying upon such misrepresentation in removing or disabling access to the
material or activity claimed to be infringing.

10. Termination or Discontinuance

• If you are in breach of these Terms, or any other policies we have in
  place from time to time, we may, in our discretion at any time: (a) terminate
  your access to our Services, (b) deactivate or delete your account and all
  related information and files in such account and/or (c) bar your access to any
  of such files or Services. In any of these instances, you are not permitted to
  register for another Guru Fantasy Reports account without our prior written
  permission.

• We may, in our
  discretion and without liability to you, with or without prior notice and at any time, modify or
  discontinue, temporarily or permanently, any portion of our Services.

11. Indemnity

You shall defend, indemnify, and hold harmless Guru Fantasy Reports (and each of our
officers, directors, users, employees, agents, and affiliates) (collectively
the “Guru Fantasy Reports Indemnitees”)
from any claim, demand, action, damage, loss, cost or expense, including
without limitation reasonable attorneys’ fees, against or incurred by the Guru Fantasy Reports Indemnitee arising out
of or relating to (a) your use of our Services; (b) any User Content you
provide; (c) your violation of these Terms; or (d) your violation of any rights
of another. We have the right, in our sole and unfettered discretion, to
control any action or proceeding, including selection of counsel, and determine
whether we wish to settle it, and if so, on what terms.

12. Disclaimer

YOUR
USE AND ACCESS OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED
ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED
THEREIN.

13. Limitation of Liability

UNDER
NO CIRCUMSTANCES SHALL GURU FANTASY REPORTS BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES THAT ARE
RELATED TO YOUR USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE
SERVICES OR ELITE FANTASY CONTENT, EVEN IF FORESEEABLE OR IF GURU FANTASY
REPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION
OF CONTRACT,  TORT, OR OTHERWISE. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IN SUCH CASES, GURU FANTASY REPORTS’S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION SHALL NOT EXCEED THE
AGGREGATE AMOUNT OF YOUR PAYMENTS FOR THE SERVICES.

14. Disputes

• PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU
  TO ARBITRATE DISPUTES WITH US AND LIMIT THE MANNER IN WHICH YOU MAY SEEK
  RELIEF.  SUBJECT TO ANY RIGHTS YOU MAY
  HAVE UNDER APPLICABLE LAW, YOU ARE WAIVING YOUR RIGHT TO SUING IN COURT OR FROM
  HAVING A JURY TRIAL.  WHETHER THE DISPUTE
  IS HEARD IN ARBITRATION OR IN COURT, YOU WAIVE ANY RIGHT TO COMMENCE A CLASS
  ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. 

• Guru Fantasy Reports makes every attempt to resolve complaints in a timely manner and to the satisfaction of our users.  If you do have a complaint, please email us at [email protected].

• In relation to all complaints or disputes, we reserve
  the right to record all telephone and e-mail communications with you and any
  other person.

• It shall be a condition of your agreement with us that
  any complaints and disputes are and remain confidential both while we seek a
  resolution and afterwards. You agree that you shall not disclose the existence,
  nature or detail of any complaints and disputes to any third party, except for
  your own legal advisors(which shall include the discussion of any such any
  complaints and disputes in any chat room, forum, comment, or other content area
  offered by ourselves or any third party).

• Any dispute, claim or controversy arising out of or relating to these
  Terms or the Services, including the determination of the scope or
  applicability of this agreement to arbitrate, shall be determined by arbitration in New York, New York before one
  arbitrator. The arbitration shall be administered by JAMS pursuant to its
  Comprehensive Arbitration Rules and Procedures, or, in Guru Fantasy Reports’
  sole discretion, in accordance with the Expedited Procedures in those Rules or pursuant
  to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award
  may be entered in any court having jurisdiction. This clause shall not require
  either party to arbitrate any dispute in which either party seeks equitable or
  other relief for the alleged unlawful use of copyrights, trademarks, trade
  names, logos, trade secrets, or patents.

• You also agree that the state or federal courts in the County of New York,
  State of New York shall have exclusive jurisdiction over any appeals of an arbitration award and over any lawsuit
  between the parties not subject to arbitration.  These Terms and the rights of the parties
  hereunder shall be governed by and construed in accordance with the laws of the
  State of New York, exclusive of conflict or choice of law rules.

15. General Provisions

• Assignment.
  You may not assign any of your rights or obligations under these Terms without
  prior written consent from Guru Fantasy Reports. Guru Fantasy Reports may
  assign any or all of its rights under these Terms, in whole or in part, without
  obtaining your consent or approval.

• Entire Agreement. These Terms along with our Privacy Policy contain the entire
  agreement, and supersede all prior and contemporaneous understandings, between
  the parties regarding their subject matter.

• Waiver.
  Our failure or delay in exercising any right, power, or privilege under these
  Terms shall not operate as a waiver thereof.

• Severability.
  The invalidity or unenforceability of any of these Terms shall not affect the
  validity or enforceability of any other of these Terms, all of which shall
  remain in full force and effect.

• Survival.
  Any section that by its nature should survive the termination or expiration of
  these Terms shall so survive.