These Terms come into effect on January 1, 2019. FantasyRules may need to change the Terms from time to time for a number of reasons, including (without limitation) for commercial reasons, to comply with law or regulations, to comply with instructions, guidance or recommendations from a regulatory body, or for customer service reasons. The most up-to-date Terms can be accessed from the Terms of Service link in the footer section of the Website, and the date they come into force is noted in this introductory section. When FantasyRules makes substantial changes to the Terms, FantasyRules will give you as much prior notice of such changes as is reasonably practicable via one of the following methods. For minor or insubstantial changes, FantasyRules may not give you any notice of such changes, so you are advised to review the Terms through the Terms of Service link on the Website on a regular basis. When FantasyRules makes changes to the Terms they wish to notify you of, FantasyRules will do so by such method of notification as FantasyRules may, in our discretion, deem appropriate, which may comprise: email (to the email address you have previously supplied FantasyRules with); or a message to your Account on the mobile application or Aebsite. At our discretion, we may ask you to accept the new Terms by clicking on “yes” or “I accept,” checking a ‘check box’ or any other similar method of confirmation. If you provide FantasyRules with any such confirmation, or continue to use the Website after notification under this section, you shall, at such time, be deemed to have accepted, and be bound by, the new Terms, including (for the avoidance of doubt), whether or not you have read the revised Terms. If any change is unacceptable to you, you may either cease using the Services and/or close your Account.
Mobi-Holdings Inc. is a company registered in Nevada with offices located 223 West Main Street, Los Gatos, CA 95032 and is incorporated under the laws of the United States.
Subject to the Terms of Service contained herein FantasyRules grants you a personal, non-transferable and non-exclusive right to use our Software and Services provided that you comply with the Terms of Service set forth herein.
The Software code, object code, documentation, and patents are protected by copyright, trade secrets, intellectual property and other rights. You may not copy, distribute, publish, reverse engineer, decompile, disassemble, modify or translate the Software or make any attempt to access the source code to create derivate works of the source code of the Software, or otherwise.
Your use of our app confers no rights whatsoever to the content and related intellectual property rights contained on our Website. You agree not to monitor, use or copy our web pages or any of our content in the mobile app. You will not attempt to hack, make unauthorized alterations or introduce any malicious code. You will not (a) reverse engineer or decompile (whether in whole or in part) any software available through the Website; or (b) make copies, modify, reproduce, transmit, alter or distribute all or any part of the Website or any material or information contained on it. Any unauthorized use or reproduction may be prosecuted.
The availability of our Website does not constitute an offer or invitation by FantasyRules to use the Website or mobile app in any jurisdiction in which such use is illegal.
FantasyRules offers a mobile app that enables season long Yahoo fantasy leagues the ability to enter into contest with each team owner in their league. Contest and outcomes are based on the statistical point performance of their respective fantasy sports team as calculated by the Leagues Yahoo Fantasy Site.
Players must register with their Yahoo credentials and agree to allow FantasyRule to access information about their Yahoo Fantasy team and league. This information is required in order for FantasyRules to pull statistical point scores of their Yahoo Fantasy Team.
Yahoo Team owners in a league can create or accept weekly contest with any team owners in their Yahoo League based on a set of pre-determined contests. Once the contest and prize amount is agreed upon and accepted by all team owners in the contest, our app holds each team owners funds until the outcome is declared. Once the contest are completed for the week or season, scores are checked on each Leagues via their Yahoo Fantasy Site. Fantasy Rules then determines the winner based on Yahoo statistical point totals and notifies each player in contest and transfer the funds to the winning team owner or owners.
FantasyRules take responsible play seriously. As a provider of the Services, FantasyRules has put appropriate measures in place to protect customers and promote a responsible culture for paid Contests. If we become aware that you are having any difficulty responsibly controlling the paid Contest you enter, then we will contact you and may close your account. We make available a number of tools to assist with controlling your paid Contest play. Please see further details below:
At any time, you may apply deposit limits on your Account on the Website, including through the mobile application, or via our Customer Service department. Our system will automatically prevent any deposit above the limit that is placed online or on mobile. If you have implemented a deposit limit on your Account, and you exceed the limit you may increase the limit but it will not take affect for 24 hours.
We provide a straightforward facility to take a short-term break. Customers may request a break of 24 hours, 48 hours, one week or up to one month, by selecting responsible play and choosing to take a break. Once you confirm the time-out period your Account will be fully blocked from all play. During this break, any open paid Contests entered will be honored. Any balance would remain on your Account although you can opt to withdraw funds at any time. Following the end of the break, your Account will automatically become available again.
In consideration of our accepting your application to open an Account, you represent to us (and acknowledge that we rely on these representations) as follows:
By accepting the Terms of Service, you authorize us to conduct any identification, checks that we may require (either for our purposes or as required by applicable law or a regulatory body), including (but not limited to) checking any or all of the details you provide when registering or changing your Account details.
We will also require you to allow us to access your phone location services before sending and or accepting a contest. If we do not have access to this information we will not allow you to send or enter into a contest.
We may supply the information that you have given us to authorized agencies, who will check the details we provide against any databases (public or private) to which they have access and will keep a record of that check. We may share information with fraud prevention agencies for use in decisions associated with, identification checks and for fraud detection and prevention purposes.
FantasyRules has the sole discretion to close or suspend any account or accounts if a customer does not pass our identity verification or deems a player is colluding or is not using the application as we intend.
It is your responsibility to keep your contact details up-to-date on your Account. Failure to do so may result in you failing to receive important account related notifications and information from FantasyRules, including changes we make to FantasyRules’s Terms of Service.
You are solely responsible for the security and confidentiality of your Account. In particular, you agree to keep your username, password strictly confidential and you are responsible for any misuse of your password or credentials. Please note that when you create an Account, you need to provide a valid email address, mobile number, password to create your Account. If another device, mobile or web tries to access the Account, a code will be sent to your chosen device. This code will need to be entered when logging in with a new device. This will help ensure the security of your Account and help to prevent unauthorized access and use of your Account.
Provided that we have been correctly supplied with the account information requested, we are entitled to assume that any activity on the Website is initiated by you. You should change your password on a regular basis and never disclose it to any third party. You undertake to protect your username and password in the same way that you would in respect of your bank cards and any failure to do so shall be at your sole risk and expense. If another person accesses your Account, you are solely responsible for all their actions whether or not their access was authorized by you and you hereby indemnify us and hold us harmless against all costs, claims, expenses and damages howsoever arising in connection with the use of or access to your Account by any third party.
You will not attempt to sell or transfer your Account, including credentials used to open the Account, to any third party and you also agree not acquire or attempt to acquire an account that has been opened by a third party.
You represent, warrant and agree that you will comply with all applicable laws, statutes and regulations in relation to your use of the Software and the Services. We are not responsible for any illegal or unauthorized use of the Software or the Services by you. By accepting these Terms of Service, you agree to assist us, to the extent that you are able, with the compliance with applicable laws and regulations.
When you register with us, you will begin by regsitereing with your Yahoo credentials. One entered you will be able to choose a unique player name and Password for your Account. Once you’ve set your player name , we’re unable to change it for you. If you wish to change your Password, do so within the Edit Profile in the Account section.
Once you have entered and we have acceted you user name and password you will be required to enter your mobile number and verify it with a pin. The pin will be sent to your mobile device and once correctly entered and agree to our Terms and Condition you will be able to use our app FantasyRules.
You may not in any circumstances to nominate or allow any person to be an authorized user of your Account. It is your responsibility to ensure that you do not reveal your User ID, Password, and Pin to anyone else. We shall be entitled to assume that all Contests entered when your User ID and Pin have been entered correctly are valid and made by you, whether or not such transactions were authorized by you. We shall not be liable for any claims if you disclose your User ID and Pin to anyone else or where your negligence or deliberate act has contributed to such third-party access to your Account.
It is your sole responsibility to maintain the confidentiality and security of your Account information, User ID and Pin if required. If young persons are sharing or have access to your devices, you may wish to install parental control software. You should change your Password on a regular basis via the link on our websites and/or mobile applications. You should notify us of any unauthorized use of your Account as soon as you suspect it or otherwise become aware of it.
If you lose or forget your User ID and/or Password, you can retrieve the details to unlock your Account using the tools provided on our websites and/or mobile applications. Alternatively, you can contact our Customer Care Team by telephone, live chat or email subject to sufficient security and verification checks we will reset your User ID and/or Pin for you. If you suspect that someone else has obtained your User ID and or password, you must contact our Customer Care Team immediately. We cannot, however, reset your password, only the registered user can reset the password and must have access to the verified email address to do so.
We hold customer funds separate from company funds in a major bank based in the US. This means that arrangements have been made to ensure assets in the customer accounts are distributed to customers in the event of insolvency. There is however no absolute guarantee that all funds will be repaid.
The funds in your Account are held on your behalf to meet any payment obligations you may incur as a result of paid Contests using FantasyRules.
You undertake that:
You accept that all transactions may be checked to prevent money laundering and that any transactions made by you which FantasyRules deems suspicious, may be reported to the appropriate authorities.
To make a deposit go to the Manage Money Section and select “Add Funds”. You will be prompted to take funds from your PayPal account or select a card in your PayPal account. You will also have the option to add a card if needed during the process. Once the card is selected you can add funds up to the amount of the limits we or you have set and agreed to. If you exceed the limits, you will be advised via a notification. Once the transaction has cleared your Account balance will be updated to reflect the funds added. You can also go to the transaction history log to verify the transaction. This transaction will come with an ID number that can be used for future inquiries and tracking of money movement in your Account. All deposits may be subject to your bank and/or payment provider’s authorization, and we accept no liability where this is not provided.
When using a debit card, credit card or online payment service, you must make sure that the name on the card or payment service is the same as the name used to register your Account.
All deposits must be in the currencies available for the Services which currently is US dollars. See section 6 (protection of funds) to understand any risk associated with the funds we hold for each player.
The minimum deposit is $10 (ten dollars) as may be amended from time to time or the equivalent amount in your chosen currency.
You can also opt to engage in zero ($0) dollars Contests. When this occurs the player you proposed a Contest to can only also elect a zero ($0) dollars Contest. If you receive a Contest proposal that has a dollar amount attached to it you must have funds in your Account to accept. Once accepted those funds are deducted from your Account until the Contests declared by the players. Once declared funds are transferred to the winner / winners less our transaction fee.
We reserve the right to change the minimum deposit without prior notice. We will publish any change to the minimum deposit amount on our websites.
We will never charge you for making a deposit. However, certain banks may charge if they classify the deposit as a “cash” transaction. Please ask your bank for more details.
Your deposit will be available in your Account as soon as your bank authorizes the amount you choose to deposit. Deposits will usually show as “FantasyRules.com” on your statement.
Funds in your Account do not bear interest and are deemed to be advance payments for intended transactions.
You should only deposit money in your Account for using such money on our Services. We shall be entitled to suspend or close your Account if we reasonably believe that you are depositing money without any intention to use such money on our Services. In such circumstances, we may also report you to the relevant authorities.
We have a number of controls and checks that may be required before any withdrawal request is processed. These checks are part of our ongoing commitment to maintaining the security of our customers’ funds. All withdrawals requests are therefore only processed after the expiry of a set period of time from the withdrawal request being made and do not include any funds of any Contests currently in play or not closed out.
Subject to these Terms of Service, we will credit your Account with your winnings as soon as contest completes for a particular fantasy sport (weekly or end of season) Party who receives a contest will see when the contest needs to be accepted and when it will be declard. Once a contest has completed, FantasyRules will pull the point scores for each team owner in the contest and declare the winner or winners. All players will be notified of the outcome and contest funds transferred to winning Yahoo team owner. Each player must have funds in their account equal to or more than the paid Contest placed. Once a Contest is agreed, including the size of the prize, funds are subtracted from each player account to cover the contest amount, and the funds are no longer available to propose Contests or to withdrawal.
The maximum Contest size a Team owner can send or accept will be the maximum monthly deposit of each team owner which may not exceed $250.00 per month. It is to note that if you run out of funds for a month and have deposited over $250.00 for a calender month, you will not be allowed to add funds until the next calender month. This limits the total amount a player can send or enter into cost of $3,000 a year. See section (FantasyRules charges) for our fee structure.
Players will have the ability to set their own deposit thresholds in the Responsible Play Limits tab under Manage funds. Here players can set Monthly deposit limits. If a player wants to increase their limits they will enter the new limit (not to exceed $250 per month) and will be required to wait 24 hours before the limit will be raised. When a limit has been reached the player will be notified and will not be able to add additional funds based on limits player has set.
Starting limits are set at 100 per month. Players will be advised to set limits prior to entering into a Contest so they can raise or lower according to their preference.
You are responsible for reporting your winnings and losses if such reporting is required by your local law or tax authorities. It is your responsibility to pay any tax or levy due on any winnings paid to you by us.
If we credit winnings to your Account in error, those funds are not available for use and we will void any transactions involving such funds. We reserve the right to, at any time, to withdraw any relevant amount from your Account and/or reverse the transaction for Contests we determine were not fairly executed, Or where players colluded or Contest were entered into with the intent to have the Contest end in a dispute if the player lost.
Subject to these Terms of Service, monies will remain in your Account unless you submit a request via FantasyRules, for an amount up to the outstanding and available balance in your Account listed as balance. Funds to be transferred to the debit card, credit card or online payment service must use the same payment card or service the funds were initially transferred in on.
Should you have any difficulty withdrawing funds from your Account, visit the Manage Money section and select “Funds Out” section, or contact our Customer Care Team via the website (www.FantasyRules.com) To start the process, you will need to select the card you wish to transfer funds to. You may also be required to enter additional information as required by your card provider.
You can also request to have funds mailed to you but must initiate that in the app. There will be a charge for such a service and funds can only be sent to the verified address on file.
Players that were give funds upon registration to use with other FantasyRules players in their league will be deducted from any funds out. Players are not obligated to pay back these funds but if players request a withdrawl or to close account the must have more than funds FantasyRules provides with they registered.
Once funds are withdrawn the Account balance will be reflected on the funds out page and on the home page showing updated balance. There will also be a transaction log with a transaction number to be used when contacting customer support. Funds will show on your credit card as www.FantasyRules.com.
Once you have submitted a withdrawal request, you will receive a confirmation message that the transfer has been actioned and the balance of your Account less and fees or repayment will be updated. If you reduce the balance of your Account down to zero, to enter into any paid Contests you will need to transfer a minimum deposit of $10 (or other amounts as may be applicable at that time) into your Account.
Funds are transferred at the close of business on the working day on which such transfer was requested and will be credited to the debit card, credit card or online payment service that you have registered with us. These funds will be subject to a clearance period determined by the card issuing bank (normally 2-5 working days) or online payment service (normally same day).
At our discretion, requests for withdrawals may be held for approval before being processed.
The minimum withdrawal is $10 (or its equivalent in another currency) as may be amended from time to time. The maximum aggregate amount you can withdraw in one calendar day is $1,000 Please note that your bank or card provider may also have restrictions.
We reserve the right to change the minimum and maximum withdrawal levels at our sole discretion. We will publish any changes on our Websites and to the Terms of Service) above.
We do not charge for two withdrawals per year to your online payment services. For each withdrawal over the initial two, we will charge a fee of 2.5%. We do not allow any transfer of funds between our customers’ Accounts.
You acknowledge that Mobi-Holdings Inc. will hold information on your identity, including but not limited to your name, address and payment details. You agree that we rely on this information in entering into our agreement with you and you agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide us.
You will inform us as soon as you become aware of any errors on your Account and you will forfeit any amounts shown to be in your Account that result from human error or technical fault.
Either we or you may suspend or terminate your Account at any time, either with or without cause, upon notice (we will use our reasonable effort to give such notice to you either before or after suspending or terminating your Account).
We may take steps to block you from entering into Contests on or using our Websitesite (or any part of it) if you are located in certain jurisdictions, for example, certain States that do not allow for fantasy sports contest. (AL, AZ, HI, ID, IO, MO, NV & WA)
Following termination or suspension of your Account, FantasyRules will, in the normal course of events, return any funds in your Account to you in accordance with our policies. Please contact Customer Service to recover any funds held in suspended or closed accounts.
However, we reserve the right to withhold funds in your Account from you pending the determination of any investigation (including any relevant investigations or reports to the authorities) where:
At no point during any such period will interest accrue to you on any funds in your Account.
A dormant account is defined as an account, which has no activity performed for a continuous period of one year since your last Acount login date.
Prior to the Account being designated by FantasyRules as dormant, FantasyRules will use all reasonable measures to contact you with regards to your Account in an attempt to ensure the balance is returned to the correct account holder promptly.
If your FantasyRules Account remains dormant after one year from the date of the last transaction and we are unable to contact you using reasonable effort, FantasyRules reserves the right to transfer the remaining funds in your Account as a donation to nominated charity(ies) and good causes, and close your account.
We may restrict your access to FantasyRules, suspend or terminate your Account, withdraw your Contest offers, void any Contests outstanding in your Account, cancel any unaccepted Contests or cancel and void any outstanding or matched Contests in our absolute discretion without cause at any time including if:
FantasyRules facilitates the defining and sharing of a Contest proposal between two or more Yahoo Fantasy Team owner or owners in a league. players.
You can enter into Contests either:
By entering into a Contest, you agree to be bound by these Terms .
When you enter into a Contest, funds will be held until the Contest has been either cancelled or completed. When the Contest is cancelled by time constraints or the party who send the contest before it has been accepted, the funds will be returned to team owner who sent the contest.. If the Contest is accepted, the funds will be held until the Contest is completed. Where a winner is declared based on Leagues Yahoo statisitical point scores, we will check said scores and move funds to winning team owner per the dates as described on the contest.
You understand that you may lose money on paid Contests placed and accepted and that you are fully responsible for any such loss. You accept that under no circumstances will any amounts lost by you under any paid Contest outcome become recoverable. FantasyRules does not set the Contest or determine the Contest outcome. FantasyRules acts only as a facilitator to allow players to engage in Contests.
You are entirely responsible for the information that you provide concerning the offer that you wish to place. We will not inquire into the reasonableness of any offer that you may make. We will not be liable for incorrect entries made by you, including data input errors on price or stake on offer, or incorrect Contest proposals communicated by you to the other party.
If you receive a Contest proposal from a player, you are solely responsible for accepting, rejecting, or countering the Content proposal. We will not be involved in any manner to assess the reasonableness of the Contest proposal being offered.
It is your responsibility to verify that you are permitted to us the Website and our Services according to the jurisdiction of your domicile or habitual residence.
You undertake to use the Website and our Services for legitimate purposes only. In particular, you undertake not to attempt to engage in any activity which has the purpose or effect of causing damage to or in any way hindering our business operations or generating or increasing a liability on us, including without limitation any tax, levy or duty collecting authority.
You will not disguise or interfere in any way with the IP address of the computer or device you are using to access the Website or related app and take steps to prevent us from correctly identifying the actual IP address of the computer or device on which you are using FantasyRules.
You agree it is your responsibility to account for any tax or duty imposed on you as a result of any of your transactions using the Services.
You will not make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks in connection with the forums or any other part of our Website including within your username or other information contributed to our Website.
The following practices (or any of them) about the Services:
constitute “Prohibited Practices” and are not permitted and will constitute a material breach of the Terms. FantasyRules will take all reasonable steps to prevent and detect such practices and to identify the relevant players concerned if they do occur. Subject to the above, however, FantasyRules will not be liable for any loss or damage which you may incur as a result of any Prohibited Practices, and any action FantasyRules takes in respect of the same will be at our sole discretion.
You agree that you shall not participate in or be connected with any form of Prohibited Practice in connection with your access to or use of the Services.
If you suspect a person is engaged in any Prohibited Practice, you shall as soon as reasonably practicable report it to FantasyRules by e-mailing FantasyRules at Support@FantasyRules.com or telephoning Customer Service.
In exercising any of our rights under this section about a Prohibited Practice, FantasyRules shall use all reasonable endeavors to ensure that, while complying with our regulatory and other legal obligations, FantasyRules exercise such rights in a manner which is fair to you and to our other customers.
“fraudulent practice” means any fraudulent activity engaged in by you or by any person acting on your behalf or in collusion with you, and shall include, without limitation: (a) fraudulent activity; (b) the use by you of a stolen, cloned or otherwise unauthorized credit or debit card, as a source of funds; (c) the collusion by you with others in order to gain an unfair advantage; (d) any attempt to register false or misleading account information; any actual or attempted act by you which is reasonably deemed by FantasyRules to be illegal in any applicable jurisdiction, made in bad faith, or intended to defraud FantasyRules and/or circumvent any contractual or legal restrictions, regardless of whether such act or attempted act actually causes FantasyRules any damage or harm;
“unfair advantage” shall include, without limitation: the exploitation of a fault, loophole or error in our or any third party’s software used by you in connection with the Software and/or Services (including in respect of any Contest).
FantasyRules reserves the right to inform relevant authorities, other online service providers, and banks, credit card companies, electronic payment providers or other financial institutions of your identity and any suspected Prohibited Practice by you, and you shall cooperate fully with FantasyRules to investigate any such activity.
You may cancel any Contest proposal that has not been accepted at any time using the Website or mobile app. All funds will be returned when a Contest proposal is canceled. You will not be able to cancel your offer if your Contest proposal has been accepted by another player.
Subject to these Terms Contest proposals will be settled when Yahoos fantasy contest completes based on sports. All pro and college teams must complete prior to declaring winners. If a winner is declared by us using point scores from leagues yahoo fantasy site, the funds that were held between the parties will transfer to the winner’s account.
We charge no fees based on the paid contest or size or to the winner of said paid contest. We charge a monthly usage fee based on number of contest a player sends or receives per calender month. There will be a min usage fee of $1 a month for all accounts.
FantasyRules is dedicated to providing fair Contest play to its customers. We have developed an efficient Complaints and Disputes Procedure to address complaints, and resolve any disputes. However, under no circumstances shall the FantasyRules be obligated to investigate or pursue complaints or disputes submitted to us, or to take any other action in connection with that complaint or dispute, or take any action against anyone using our Services, including without limitation for violating the terms of our Terms of Service. FantasyRules, in its sole discretion, may decide to take appropriate action against any person it suspects of engaging in any unlawful behavior or otherwise violating the terms of our Terms of Service, but is under no obligation to do so.
Each user of the Service is fully responsible for paying any and all monies owed by it to other users of the Services. Any claim which a user of the Services may have for payment of winnings to it in respect of losing Contests entered into by another user of the Services are against that other user and not us. We are in no way responsible for paying you if any user of the Services fails to pay his or her debts for whatever reason, or for taking any action whatsoever against such users. All disputes that arise between users of the Services, including those relating to payment fraud, are not our responsibility.
You are reminded that under other provisions of these Terms of Service both you and we have the right to close or suspend the operation of your Account and that this may happen while a complaint or dispute is pending.
You accept that any complaint or dispute shall remain confidential both while a resolution is sought and afterward. You agree that you shall not disclose the existence, nature or any detail of any complaints or disputes to any third party other than in accordance with the Dispute Resolution Policy, including discussion of any such any complaints and disputes in any chat room or forum offered by ourselves or any third party.
You accept that during complaint resolution process, all e-mail communication with you and any other person will be retained along with any supporting documentation submitted. Any telephone communication with you may be recorded and you hereby expressly consent to any such recording. The information obtained in our communication with you will be a key determinant in our decision, and if any of it is disputed, we will consult these records and consider them an accurate representation of your complaint unless additional evidence is submitted.
You accept that any failure to comply with this confidentiality obligation is a breach of these Terms of Service and that we reserve the right not to continue seeking a resolution to your complaint or dispute.
Should you be named in a complaint by another user, you hereby agree under our Terms of Service to cooperate with our complaint and dispute procedures by providing your position statement, in response to a complaint by another user, within 7 days of receiving notice that you have been named in a complaint or dispute. You are reminded that we have the right to close or suspend the operation of your Account for any reason, including as a result of your lack of response or cooperation with our investigation of a complaint or dispute, or while the complaint or dispute is pending.
By “complaint” we mean a mean an expression of dissatisfaction you have about any aspect of our conduct about your dealings with the Services, or a disagreement with another user of our Services. By “dispute” we mean either a complaint or a disagreement relating to our Services, or another user of the Services, or the outcome of a Contest on FantasyRules, which is not resolved through both the initial and secondary phase of our Complaints Procedure.
If you have a complaint or dispute, you should register it using our complaint form in the FansRule app providing all the relevant information or evidence which FantasyRules reasonably requires to review your complaint or dispute.
No complaints or disputes will be considered after more than 14 days after the date of the transaction or incident in question.
For the initial phase of registering a complaint, we will undertake to investigate the matter in a manner that we in our sole discretion believe is fair and objective and if another user of the Services is involved in the complaint, we will contact them regarding the complaint and provide them the opportunity to provide their position regarding the complaint and supporting documentation to substantiate their position. We will endeavor to advise you of the outcome and/or our decision as soon as we reasonably can. You may be required to provide additional information or appropriate evidence for dealing with your complaint.
If your complaint is not resolved to your satisfaction at the initial phase, you may request that it be escalated and reviewed again. In this secondary phase, your complaint will be referred internally to a senior manager who will conduct an independent review and present us with his/her findings. We will advise you of the outcome and/or our decision as soon as we reasonably can, and we may have to ask you again for more information or appropriate evidence.
With respect to the content, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients (collectively, “User Content“), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading any User Content, you hereby grant and will grant us and our affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless Mobi-Holdings Inc and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of us in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or our use thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions“), provided by you to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce the Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Mobi-Holdings Inc, its users or the public.
FantasyRules wants to ensure visitors to our Website that we are just as concerned as you are about the privacy of any personal information that you may choose to provide us (“Personal Information“). In this respect, we have invested heavily in providing a world class Information Security Management System, which has been accredited with ISO 27001 certification.
Personal Information is any information about you and may include your name and address, date of birth, payment card details, details of Contests or Website transactions and account transfers and any other information you may wish to provide. FantasyRules is working to ensure that our business practices that involve the use of your Personal Information are compliant with privacy regulations in the countries where we operate.
The policy sets out the different areas where user privacy is concerned and outlines the obligations and requirements of the users, the Website and the owners thereof. Furthermore, the way the Website processes, stores and protects user data and information will also be detailed within this policy.
This Website and its owners take a proactive approach to protecting user data privacy of its users throughout their visiting experience and use of the Services.
Cookies are small files saved to the user’s computer hard drive that track, save and store information about the user’s interactions and usage of the Website. This allows the Website, through its server to provide the users with a tailored experience within the Website.
Users are advised that if they wish to deny the use and saving of cookies from the Website or onto their device’s hard drive, they should take necessary steps within their web browsers security settings to block all cookies from the Website and its external serving vendors.
Other cookies may be stored on your computer’s hard drive by external vendors when this Website uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 30 days, though some may take longer. No personal information is stored, saved or collected.
Users contacting the Website and/or its owners do so at their discretion and provide any such personal details requested at their risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use. Every effort has been made to ensure a safe and secure form to email submission process but advises users using such form to email processes that they do so at their risk.
The Website and its owners use any information submitted to provide you with further information about the products or services they offer or to assist you in answering any questions or queries you may have submitted. This includes using your details to subscribe you to any email newsletter program the Website operates but only if this was made clear to you and your express permission was granted when subscribing to any such email offering or whereby you the consumer have previously purchased from or enquired about purchasing from us a product or service that the email newsletter relates to. This is by no means an entire list of your user rights regarding receiving email-marketing material. Your details are not passed on to any third parties.
Although the Website only seeks to include quality, safe and relevant external links, users are advised to adopt a policy of caution before clicking any external web links contained within the Website.
Mobi-Holdings Ltd cannot guarantee or verify the contents of any externally linked website despite their best efforts. Users should, therefore, note to the extent they click on external links they do so at their own risk and the Website, and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.
The Website may contain sponsored links and advertisements. These will typically be served through our advertising partners which may have detailed privacy policies relating directly to the advertisements they serve. It is our policy to ask users to opt-in to receive advertisements and promotions. We will not send links or push notification with out consent.
Without prejudice to our obligations contained within the various laws and regulations of the jurisdictions where we are licensed, we are not liable for any loss or damage that you may suffer because of any: act of God; power cut; trade or labor dispute; act, failure or omission of any government or authority; obstruction or failure of telecommunication services; or any other delay or failure caused by a third party or otherwise outside of our control. In such an event, we reserve the right to cancel or suspend our services without incurring any liability.
We are not liable for the failure of any equipment or software howsoever caused, wherever located or administered, or whether under our direct control or not, that may prevent the operation of the Services, impede the facilitating activity relating to Contests, or prevent you from being able to contact us.
We will not be liable for any failure to perform by a third party in connection with the Terms.
You agree to indemnify and hold us and our associated companies, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands made by any third party arising out of your breach of this Agreement (including documents incorporated by reference) or out of your violation of any law or the rights of any third party.
You acknowledge that Mobi-Holdings Inc and its affiliates will hold information on your identity, including but not limited to your name, address and payment details. You agree that we rely on this information in entering into this Agreement, and you agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide us.
We exclude all representations and warranties as to the satisfactory quality and/or fitness for its intended purpose and/or accuracy and completeness of the Website and the Services.
We will not be liable to you for any loss that you may incur as a result of misuse of your password,
In no event will we, or any of our suppliers, accept any liability however arising for any losses you may incur as a result of using the Website or the Services. Under no circumstances will our liability under this Agreement or for breach of contract, tort, equity or otherwise exceed your exposure limit as specified in your Account. Under no circumstances will we be liable for any indirect, special or consequential damages, loss of profits (direct or indirect) or the benefit of any Contest arising from breach of contract, negligence, equitable duty (including for the avoidance of doubt in relation to any Contest(s) voided by us) or other liability even if we had been advised of or known (or should have known) of the possibility of such damages or loss.
We may at any time, without notice to you, set off any liability owed to us or to our customers by you. Against any liability that we determine that you have to us in under these Terms of Service, including (without limitation) under the FantasyRules Charges.
You may not assign any part of this Agreement without FantasyRules written consent, but FantasyRules may assign any or all of this Agreement to any third party at any time without notice to you.
If any provision of this Agreement is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of this Agreement shall not be affected.
We reserve the right to make changes to our Website and all guides and policies included on our Website, including this Agreement at any time. You will be subject to the guides, policies, conditions and agreements in force at the time that your Contests are matched. It is, therefore, your responsibility to check the guides, policies and this Agreement from time to time to ensure that you agree with them, and your continued use of the Services will be deemed to be your acceptance of any changes we may make.
Communications and notices to be given by you to us under this Agreement (other than those exchanges of information occurring in the normal operation of the Website) should be provided to us as set out in the Contact us section.
This Agreement may have been prepared in various languages other than English for reference only. In the event of any differences between the English version of this Agreement and any non-English versions, the English version shall prevail.
No failure or delay by a party to exercise any of its rights under this Agreement shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right.
This Agreement is governed by the laws of and subject to the jurisdiction of the courts of the country set out in the “Governing Law and Jurisdiction” clause of the relevant Specific Conditions applicable to your particular use of the Website and the Services.