updated September 6, 2016
ANY PARTICIPATION, USE, OR ACCESS OF DKLEGENDS.COM, OR THE USE IN ANY MANNER OF ALL OR ANY PORTION OF THE SERVICES SUBSCRIPTION CONSTITUTES YOUR ACCEPTANCE OF THE AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THE AGREEMENT, YOU ARE NOT AUTHORIZED OR PERMITTED TO ACCESS OR OTHERWISE PARTICIPATE IN THE WEBSITE OR THE SUBSCRIPTION.
The Agreement constitutes a legal agreement between you and DKL, and shall apply to your use of the Website and the Services even after termination. As used in this Agreement, the terms “you” or “your” shall mean and refer to any person who establishes a connection to DKL for access to and/or use of all or any portion of DKL. As used in this Agreement, the terms “we,” “us,” “our,” and “DKL” refers to DKL, its owners, directors, officers, managers, insurers, attorneys, contractors, affiliates, partners, licensors, sponsors, agents, and employees.
You must be at least eighteen (18) years of age to open an account and otherwise participate in the Services or the Website. In jurisdictions, territories, and locations where the minimum age for permissible use of the Website is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction or territory.
You must have your own, valid dklengends.com identification or user name (“Account”) to be permitted to use or access DKL or the Services. If you do not have an Account, you will be prompted to sign up for one before completing the registration process for the Website.
You are responsible for maintaining the confidentiality of your login name and password and you accept responsibility for all activities, charges, and damages that occur under your Account. It shall be a violation of the Agreement to allow any other person to use or access your Account, or to otherwise share, divulge, or distribute any information provided by DKL or the Services unless specifically authorized to do so. If you have reason to believe that someone is using your Account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes. We reserve the right to suspend or terminate any or all of your Accounts at any time if we suspect any violation of the Agreement by you.
You shall be responsible for obtaining and maintaining all computer hardware and other equipment needed for access to and use of DKL and all charges related thereto.
You will be billed on a monthly basis for the Subscription in an amount depending on the Subscription and/or Services of your choice. The Subscription will automatically renew monthly at the posted amount for your applicable Subscription, unless you cancel prior to the beginning of the next applicable billing (and renewal) period.
The primary credit or debit card you have stored in your Account or otherwise on record will be charged in connection with the Subscription. If DKL is unable to process these charges to your primary credit or debit card, an alternative card on record may be charged.
If you wish to cancel your Subscription, you may cancel your monthly subscription in its entirety by following instructions located in your Account or by contacting DKL.
UNLESS YOU NOTIFY US BEFORE THE BEGINNING OF THE NEXT APPLICABLE BILLING PERIOD THAT YOU WISH TO CANCEL YOUR SERVICE YOU UNDERSTAND YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU) TO COLLECT THE APPLICABLE SUBSCRIPTION FEE USING ANY CREDIT OR DEBIT CARD ON RECORD. IN NO EVENT WILL DKL PROVIDE PARTIAL OR PRO-RATED REFUNDS.
Termination of Service.
Notwithstanding anything to the contrary in this Agreement, DKL expressly reserves the right, in its sole discretion, to terminate the Service at any time for any reason, with or without notice to you. In the event that the Service is terminated under this provision, you acknowledge and agree that DKL will not be liable for any incidental, consequential, indirect, special or exemplary damages (even if DKL has been advised of the possibility of such damages) arising from or relating to your involvement in DKL’s decision to terminate the Service.
Termination of Account.
DKL expressly reserves the right to immediately suspend or cancel your account if (a) your credit card is invalid for any reason, (b) you charge back to your credit card the fees due under these Terms, (c) it appears you have violated any provision of the Agreement, or (d) DKL otherwise believes you have acted in a manner inconsistent with the spirit or the letter of this Agreement. If DKL suspends or cancels your account, all information contained within it may be immediately deleted or made inaccessible. DKL may, but has no duty to, immediately terminate your access to the Service if DKL, in its sole opinion, concludes that you have provided false or otherwise harmful information in connection with your use of DKL or the Service. DKL accepts no liability for information that is deleted due to the termination of your account.
In addition to any other legal or equitable remedy, DKL may, without prior notice, immediately revoke and or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the Website. DKL may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Website. All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You shall use DKL for lawful purposes only. You shall not post or transmit through DKL any material which violates or infringes in any way upon the rights of others; which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or which, without DKL express and written prior approval, contains advertising or any solicitation with respect to products or services. Any conduct that in DKL’s discretion restricts or inhibits any other individual from using or enjoying DKL will not be permitted. You shall not use DKL to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become users or subscribers of other on-line information services competitive with DKL.
You shall not use or permit or facilitate others to use DKL by automated electronic processes, robots, spiders, scrapers, webcrawlers, or other computer programs that monitor, copy or download data or other content found on or accessed through DKL, including without limitation real time scoring, video, audio, statistics, polling, or data content, whether current or archival.
You shall not interfere with, disrupt, unreasonably drain the resources of (through virus infections, denial of service attacks, any form of excessive use, or any other drain), translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way DKL or servers or networks connected to DKL, or disobey any requirements, procedures, policies or regulations of networks connected to DKL.
Any features that we make available, including fantasy advice and fan polling features, are provided exclusively for entertainment and informational purposes only. You are prohibited from gambling or wagering on the result of any gaming or polling features or from using DKL to gamble or wager on the result of any tournament. If we believe that you have violated the prohibitions in this paragraph, we may immediately terminate your access to DKL with or without notice to you. Notwithstanding any other provision of this agreement or of law, you will not be entitled to any refund of any fees paid to us if your access is terminated because of a violation or alleged violation of the Agreement.
You shall not create a frame, browser or border around any of the content of DKL or link to DKL without DKL’s prior express written permission.
DKL contains copyrighted material, trademarks and other proprietary information, including, but not limited to, the Subscription, the Services, text, software, photos, video, graphics, music and sound, and the entire contents of DKL are copyrighted as a collective work under United States copyright laws. DKL owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of DKL and the copyright owner (if different). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
You shall not upload, post or otherwise make available on DKL any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of DKL, you automatically grant, or warrant that the owner of such material has expressly granted, DKL the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user’s personal use. You hereby grant DKL the right to edit, copy, publish and distribute any material you make available on DKL. The foregoing provisions of are for the benefit of DKL and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
DISCLAIMER REGARDING INFORMATION.
DKL and the Services are for entertainment and informational purposes only and DKL makes no representations or warranties as to the accuracy, sufficiency, completeness, truthfulness, or fitness for any particular purpose of any information relating to DKL or the Services. You hereby waive, and DKL does hereby disclaim, any and all warranties of any type or kind whatsoever with respect to any information set forth on DKL or the Subscription, whether express or implied by applicable law. No information on DKL or the Subscription may be used in connection with any form of gambling or wagering. ANY STATISTICS OR OTHER INFORMATION PROVIDED THROUGH THE WEBSITE AND
THE SERVICES ARE UNOFFICIAL. DKL may use reasonable efforts to include accurate and up-to-date information and/or statistics, DKL does not make any representations of any kind with respect to the information provided to you through DKL. DKL is not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any error or omissions in that information.
DISCLAIMER OF WARRANTIES.
DKL AND THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED “AS IS” “AS AVAILABLE”, AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DKL MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KINDS WHATSOVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEBSITE; (B) THE CONTENT ON AND PROVIDED THROUGH THE WEBSITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEBSITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. DKL DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITES’ FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVICES THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DKL DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, DKL SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN
EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE CONTENT. FURTHER, DKL DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
DKL SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THE AGREEMENT.
LIMITATION OF LIABILITY.
YOU UNDERSTAND AND AGREE THAT DKL LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL DKL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO
(1) THE WEBSITE, THE CONTENT, OR ANY INFORMATION YOU PROVIDE OR SHARE ON OR WITH RESPECT TO THE WEBSITE; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY DKL OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF DKL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, SECURITY BREACH, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL DKL BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL DKL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED FIFTY DOLLARS ($50). DKL IS NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE CONTENT, AND CANCELLING YOUR SUBSCRIPTION. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF DKL’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY DKL OR YOUR ANY INFORMATION YOU SHARE WITH OR PROVIDE TO THE WEBSITE, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY DKL WEBSITE OR OTHER PROPERTY OR ANY INFORMATION YOU SHARE WITH OR PROVIDE TO THE WEBSITE OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS. CALIFORNIA CIVIL CODE SECTION 1542 READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” COLLECTION OF PERSONAL INFORMATION
Collection of Personal Information.
Use of Personal Information for Marketing.
By using the Service, you give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content served or enhanced by us. You are also granting DKL a worldwide, non-exclusive, non-cancellable, royalty-free, sublicenseable, and transferable license to use, reproduce and/or distribute your content, including but not limited to your name, screenname, profile name, user ID, and other associated information, together with any information uploaded to the Website (e.g. posts submitted online, profile pictures etc.) in connection with DKL marketing and promotional activities. In the event you become a top 10 player on any website offering fantasy sports services, or otherwise become a contestant in any major national or international fantasy sports event, you agree to wear attire and other promotional materials provided by DKL, and to participate in such marketing and promotional activities as may be reasonably requested by DKL.
Intellectual Property Rights.
The content on the Website, including without limitation, the Subscription, the Services, the Website, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the “Intellectual Property”), are owned by or licensed to DKL, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. DKL reserves all rights not expressly granted in and to the Website and the Intellectual Property. You agree to not engage in the use, copying or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Website or the Intellectual Property therein.
DKL AND OTHER TRADEMARKS CONTAINED ON THE WEBSITE ARE TRADEMARKS OR REGISTERED TRADEMARKS OF DKL IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGSISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT, OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABLES ON THE WEBSITE.
DKL shall have the right, but not the obligation to monitor the content of DKL, including forums, to determine compliance with the Agreement and any operating rules established by DKL and to satisfy any law, regulation or authorized government request. DKL shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on DKL. Without limiting the foregoing, DKL shall have the right to remove any material that DKL, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You agree to indemnify, defend, and hold DKL harmless from and against any third party claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including reasonable attorneys’ fees, court costs and other legal expenses including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or other similar proceedings, and any other legal expenses arising from or connected with your use of or participation with respect to the Website, the Services, or any payment methods used or that of any third party.
Invalidity of Specific Terms.
If any provision of the Agreement or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.
Nothing in the Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and DKL.
No professional or amateur sports league or any team associated with any professional or amateur sports league is associated with DKL.
Third-party online publishers that refer users to the Website shall not be responsible or liable for the Website or any of the content, software, or functions made available on, or accessed through, or sent from, the Website.
DKL reserves the right to amend the Agreement at any time and without notice to you. It is your responsibility to review the Agreement for any changes. If you continue to use the Website or Services after we change the Agreement, you accept all changes. The failure of DKL to comply with any provision of the Agreement due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of DKL (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of the Agreement.
This Agreement shall be construed and enforced in accordance with the laws of the State of California, and in the event of any disagreement between the parties concerning application, meaning or enforcement of the Agreement, venue is stipulated and agreed as proper only in the Kern County Superior Court, Metropolitan Division in Bakersfield, California or in the District Court of the Eastern District of California. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
Should you have any questions about the Website or the Services, please contact us at [email protected].