1 – Agreement
“Agreement” has the meaning in clause 1.2;
“Business Day” means 9:00am – 5:00pm Monday to Friday, excluding Saturdays, Sundays and public holidays in New South Wales, Australia;
“Game” means the Game, listed or advertised on the Site including, but not limited to the online fantasy sports platform where people can buy and sell fictional shares in their favourite sporting teams;
“Intellectual Property” means all present and future intellectual or industrial property rights (whether or not registered) throughout the world, including, without limitation, in respect of patents, copyright, moral rights, trade names, trade marks, logos, systems, circuit layout, designs, software, plant breeder’s rights, domain names, trade secrets and confidential information;
“Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Site, or otherwise displayed, uploaded or published on, or via, the Site;
“Services” means the services listed or advertised on the Site related to the Game;
“Site” has the meaning in clause 1.1; and
“you” or “your” means the person or entity accessing, using or relying upon the Site and includes, when applicable, a participant of the Game.
- Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
- Site Use
- To engage with the Game and the Services listed or advertised on the Site, you must become a member of the Site. To become a member of the Site you must open a membership account with us (“Account”) by either:
- providing your name, address, telephone number, a valid email address and nominate a password (“Password”); or
- linking your Account to an active Facebook, Twitter or Google account. By choosing to link your Account to your Facebook, Twitter or Google accounts, you accept that details relating to your Account and your participation with the Game may be made publicly available via Facebook or Twitter and may be accessible for the general public to view. You also accept that we may use your email address linked to your Facebook, Twitter or Google account to validate your Account.
- Registration is free. If you do not provide accurate and complete details we may not be able to activate your membership, provide the Game to you or allow you to partake in the Services. You agree to keep your Account and membership details current at all times by updating these details via your Account on the Site or by contacting us at firstname.lastname@example.org.
- You will receive an email confirming registration with us shorty after you have created your Account via the Site.
- We accept no responsibility for any registration of an Account that is not received for any reason. Registrations will be deemed to be accepted at the time of receipt and not at the time of transmission. No responsibility will be taken for lost, late or misdirected registrations. We are not responsible for technical difficulties with the online registration process and does not warrant that the online registration will be available at all times.
- The Game and Services are in no way sponsored, endorsed or administered by, or associated with Twitter, Facebook or Google. You are providing your information to TeamTrade and not to Twitter, Facebook or Google. You completely release Twitter, Facebook or Google (as applicable) from any and all liability.
- You warrant and represent that your access to, or use of, the Site is not unlawful or prohibited by any laws which apply to you. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
- You agree that you have sole responsibility for any activity that occurs on or using your Account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your Password or Account.
- We may, in our absolute discretion, terminate your Account, disable your Account or restrict your access to the Site (temporarily or permanently) where you have breached the Agreement or for any reasonable reason and at any time. Under these circumstances, you may be prevented from accessing all or parts of the Site, your Account details or any other content associated with your Account. We will not be liable to you or any third party if this occurs. We may impose limits or restrictions on the use you may make of the Site. Further, we may, for any reason, at any time and without notice to you, withdraw the Site, or change or remove Site functionality.
- The Site may contain links to third party websites. Any links to such websites provided on the Site are for convenience only. We do not represent that we have any relationship with any linked websites nor recommend or endorse any goods, services or third-party content appearing on, or via, other websites linked to this Site. We are not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites, products and services. Additionally, we are not responsible for the content or privacy practices associated with linked websites. You should make your own enquiries before using and/or accessing third party websites.
- You may not use the Site other than for its intended purpose. You agree that you will not engage in any activity that interferes with or disrupts the Site or the servers and networks that host the Site. You agree not to, circumvent, disable or otherwise interfere with security-related features of the Site or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the Site.
- Unless otherwise expressly stipulated in this Agreement, you must not copy, adapt, distribute, display, reproduce or transmit any content displayed or published on the Site.
- You must take your own precautions to ensure that the telecommunications equipment and computer systems used by you to access and use the Site does not expose your telecommunications equipment and computer systems to any viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility for any loss or damage to you or anyone else which may arise out of, or in connection with, your access to, and use of, the Site.
- We reserve the right, at our absolute discretion, to:
- refuse to provide you access to the Game or Services; or
- cancel your Account at any time.
- If your Account has been cancelled, you will be provided with email acknowledgement of the cancellation
- Legal Capacity
- You must be thirteen (13) years of age or over to register as a member of the Site or to participate in the Game or receive the Services on, or via, the Site. If you are under the age of 13 years (“Minor”), you must immediately cease accessing and using the Site. If you are found to be a Minor, we are entitled, at our absolute discretion, to cancel or terminate any Account and/or participation in the Game or the receipt of Services made on, or via, the Site.
- The Game and Services are part of an online fantasy sports community, where participants can create an Account and participate in the Game. There are no fees, charges or purchases required to participate with the Game, other than relevant internet usage costs, which you will bear at your own cost.
- All prices listed on the Site are fictional. For the avoidance of doubt, no financial remuneration or prize money will be provided to you by TeamTrade as a participant of the Game.
- Game Specifications and How to Participate
- Although we endeavour to provide accurate and complete information on the Game and Services listed or advertised on the Site, we cannot guarantee that the information is up to date, accurate and complete at all times. We reserve the right to (but are not obligated to) make changes or updates to information displayed on the Site at any time without notice to you.
- Delivery and Ownership of Games
- We will use reasonable endeavours to ensure that all our Game and Services are provided to you in an accessible and timely manner. However, factors outside our control may result in issues with the delivery of our Game or Services. We do not accept any liability for loss or damage suffered by you or anyone as a result of any such delays.
- If for any reason the Game is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of TeamTrade, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, we reserve the right in our sole discretion to take any action that may be available, subject to compliance with any laws.
- If the Game or Site is damaged, incorrect or faulty, you should contact us as soon as possible at email@example.com. You must comply with directions or instructions given by us in relation to fix the damaged, faulty or defective Game or Site.
- Intellectual Property
- You acknowledge that we or our licensors are the owners of all Intellectual Property Rights in the Game, Site and in all Material published on the Site, and we retain all rights, title and interest in the Game, Site and Material (including Intellectual Property Rights contained therein) irrespective of any licence we may grant to you to access, and use, the Site.
- You may access and use the Site (including Intellectual Property Rights contained therein) for your personal and non-commercial use only. You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Material on another website or create derivative works from any part of the Site or the Material or commercialise any information obtained from any part of the Site or Material without our prior written consent.
- By participating in the Game or otherwise, uploading, posting, transmitting or making available any content or material via the Site (“Your Content”), you:
- consent to being contacted by TeamTrade to provide comments about the Game;
- grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and sub-licensable licence to use, publish, reproduce and otherwise exploit Your Content in any form for any purpose and unconditionally waive any moral rights that you might have in respect of Your Content (including for use of Your Comment for our future promotional and marketing purposes without further reference or compensation to you); and
- represent and warrant that you either own the Intellectual Property Rights in Your Content or have the necessary permission to upload, post, transmit or otherwise make available Your Content via the Site.
- We reserve the right to terminate and/or remove any of Your Content from the Site, at any time, for any reason and without notice to you.
- You agree that you will not modify or copy the layout or appearance of the Site nor any computer software or code contained in the Site, and that you will not decompile, disassemble, reverse engineer or otherwise attempt to discover, interfere with or access any source code related to the Site.
- Linking to the Site
- You must not establish a link to the Site in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link to the Site from any website that is not owned by you.
- This Site must not be framed on any other website, and you must not create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission at any time without written notice.
- You may advise another person who is not a participant about the Game by inviting them to join by sending them an email through the Site. You warrant that any person you send an email to in this manner has consented to the receipt of the email.
- You agree to indemnify us and our officers, directors, employers or contractors (collectively, the “Indemnified”) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, the Materials, the Site, any breach by you of this Agreement or your or anyone else’s use of the Game or our Services.
- To the maximum extent permitted by law, we exclude all:
- conditions, guarantees or warranties expressed or implied by law; and
- any liability to you or to any third person however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill),
arising out of, or in connection with, access and/or use of the Material, the Site, or the Game or any Services provided on, or via, the Site and this Agreement.
- To the maximum extent permitted by law, all typographical, clerical or other errors or omissions in sales literature, quotations, price lists, acceptances or offers, invoices or other documents or information issued by us will be subject to correction without any liability on our part.
- Privacy and Communication
- You otherwise consent to our publishing of your personal information and performance within the Game on the Site.
- We reserve the right to make changes to this Agreement without notice to you. Any amendments to this Agreement will have immediate effect from the time that they are published on the Site.
- Although we do our best to provide the most up-to-date information on the Site as this becomes available, we cannot warrant the accuracy or completeness of the information provided.
- Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
- A failure or delay by us to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.
- This Agreement is governed by, and must be construed according to, the laws of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts exercising jurisdiction there.