• Your Acceptance
Welcome to the Terms of Service for Fantasy Sports System. This is an agreement (“Agreement”) between Fantasy Sports System, (“FSD"), an English company and the owner and operator of www.FantasySportsDestroyer.com (the “Site” and any “Services”) and you (“you” or “your” or “user(s)”), a user of the Site and Service. This Agreement is legally binding and governs your use of our Site and Service. Our Site and Service are for entertainment purposes only; placing bets online may be illegal in your jurisdiction. You are solely responsible for ensuring that you are in compliance with your jurisdiction’s online gambling laws. Please be aware that violating any local laws while using our Site and Service is a violation of this Agreement and could result in fines or imprisonment. Throughout this Agreement, the words “FSD,” “us,” “we,” and “our,” refer to our company, Fantasy Sports System and our website, www.FantasySportsDestroyer.com or “FSD”, or our Service, FSD, as is appropriate in the context of the use of the words.
By using or accessing our Site and using any of our Services, you acknowledge and agree to these terms and agree to be bound by this Agreement and the Privacy Policy. We may amend our Terms of Service or Privacy Policy from time to time, we will notify you of these changes to our policy. In order to continue using our Site and Service you must agree to all such changes.
If you do not agree to the Terms of Service or the Privacy Policy please stop using our Site and Service immediately. Users of our Service must be above the age of 21.
• Disclaimer
FSD is not an online gambling operator, or a gambling site of any kind. We are simply here to provide information about sports betting for entertainment purposes only. Please be aware that it may be illegal to place any online bets in the area where you live. Although we talk about betting online on our Site and Service, it is the responsibility of you to check your current local laws before doing any gambling online. It is your sole responsibility to know and follow the local laws and regulations. Although we try our best to provide accurate information on FSD, we cannot be held responsible for any inaccurate or incorrect information which is posted on Site or Service. Please contact us if you notice any information that is inaccurate or incorrect on FSD. By visiting our website you confirm that you understand that it is possible to lose some or all monies used when betting on sports or doing any gambling. You cannot hold FSD responsible for any such loses. Our Site and Service is here to provide entertainment and should be viewed as that and nothing more.
• Third Party Links
We may link to third party websites from our own website. We have no control over, and are not responsible for, these third party websites or their use of your personal information. We do not endorse, recommend or vouch for the security of such websites. We recommend that you review their terms of service and privacy policies before accessing and using the third party site.
Activities offered by advertising links to other sites may be deemed an illegal activity in certain jurisdictions. Users are specifically warned that they should inquire into the legality of participating in any games and/or activities offered by such other sites. We assume no responsibility for the actions by and make no representation or endorsement of any of these games and/or activities offered by the advertiser. As a condition to accessing our Site and Service users agree to hold us harmless from any claims arising from any participation in any of the games and/or activities offered by any advertisers.
• FSD Description of Service
FSD is an online sports tips and betting program that is to be used for entertainment purposes only. Our products give our subscribers insight into the world of sports betting.
Fantasy Sports Destroyer is not affiliated, endorsed or sponsored by any professional or amateur sports organizations, any online gambling websites, any casinos or any sports-books. Fantasy Sports Destroyer is a trademark of Fantasy Sports System. All other trademarks used by FSD on www.FantasySportsDestroyer.com to assist in describing its services belong to the particular trademark holder, and not Fantasy Sports Destroyer.
• User Accounts
You may visit our Site without registering. However, you’ll need to sign up for an account to use any of our Services. When creating an account we will collect your name and email. You must be 21 years or older to create an account. If you use any of our paid services, your information will be collected and stored by our payment processor Clickbank. We may also ask you for additional information if necessary.
• Your Responsibilities
You are responsible for your use of FSD, and for any use of FSD made using your account.
• You agree not to infringe and/or misappropriate any of our intellectual property;
• You agree that our website content is for your personal use only in accordance with these Terms of Service;
• You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
• You agree not to use our Site and Service for investment or financial speculation;
• You agree to act in a respectful and courteous manner at all times while using our Site and Service;
• You agree that you are solely responsible for any encounters with third parties listed on our Site and Service;
• You agree not to speak hatefully, stalk or otherwise harass other users;
• You agree not to misappropriate any of our intellectual property;
• You agree not to violate any requirements, procedures, policies or regulations of networks connected to FSD;
• You agree not to collect or store personal information about other end users;
• You agree not to interfere with or disrupt FSD;
• You agree not to hack, spam or phish us or other users;
• You agree to provide truthful and accurate content;
• You agree to not violate any law or regulation and you are solely responsible for such violations;
• You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Sites or any of our Services;
• You agree not to cause or aid in the cause of the destruction, manipulation, removal, disabling, or impairment of any portion of our website, including the de-indexing or de-caching of any portion of our website from a thirty party’s website, such as by requesting its removal from a search engine;
• You are expressly prohibited from accessing FSD through a virtual private network or by proxy.
We may suspend or revoke your access if you fail to abide by these rules or at our discretion.
• Entertainment Purposes Only
Our Site and Service are to be used for entertainment purposes only. Our Site and Service are not to be used as an investment tool or money making venture.
• Our Copyright
You agree not to copy, distribute, display, sell, disseminate, or otherwise reproduce any of the information on our Service or our website content without our prior written permission. Content includes, but is not necessarily limited to, our layout, our systems, arrangements, analysis and recommended picks. Your copying not only infringes upon our copyrights and rights in proprietary information, but may also infringe on a third party’s copyright. You agree that this section limits your rights more than the simple application of intellectual property law would, and constitutes a contractual obligation binding to you beyond the applicable.
• Access to Our Service and Limited License
Our Site and Service are provided “as-is”. We may at our discretion and without notice to you change, modify, interrupt or terminate our Site and Service. You agree that our Service may not always be error free, continuous or undisrupted.
Once you have registered for an account, you will be able to post information, create groups, submit content and connect with other users on FSD. We grant you a revocable, non-exclusive license to access our Site and to use any of our Services. This license grant is subject to compliance with our Terms of Service and the Privacy Policy. Using our paid Services does not grant you an ownership interest in any of our Services, you merely receive the same license stated above. We may terminate your ability to access our Site and Service if you breach this Agreement, the Privacy Policy or at our discretion. We reserve the right to terminate your access to FSD at any time without explanation. Any failure by us to terminate your access does not act as a waiver of your conduct that is in violation of our Terms of Service or Privacy Policy.
You agree not to distribute any content found on our Site and Service without our prior written authorization, unless such distribution is through functionality offered by our Service. You agree not to access content through any technology or means other than through our Site or Service or otherwise authorized by us.
• Payment
After browsing our Site you may be interested in subscribing to our Service. You will be required to submit payment information to do so. To process our payments we use our third party payment processor Clickbank. Your payment information will be collected and stored with them. You must agree with their terms and conditions before paying for any of our Services.
• Refunds
At FSD we want to you to be satisfied with your use of our paid Services and encourage you to contact us if you encounter any issues.
• Termination and Cancellation
We may terminate or suspend service or your account or any other provision of services to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement or your FSD account, you are solely responsible for properly cancelling your account, please contact us at support@FantasySportsDestroyer.com. Cancellation may result in the immediate deactivation of your account. However, although your information will be inaccessible, we may keep copies for a commercially reasonable time for legal and internal purposes. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
• Taxes
We are not responsible for advising you on any tax implications. You are solely responsible for any applicable state, federal or provincial taxes in connection with any picks or bets made by you at a third party website. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.
• Limitations on Liability
IN NO EVENT SHALL Fantasy Sports System, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY LOSS/DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, INCLUDING ANY SPORTS BETTING LOSSES (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR PRODUCTS MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS THROUGH THIS AGREEMENT. FSD IS NOT LIABLE TO YOU OR TO THIRD PARTIES FOR ANY DAMAGE, HARM, INJURY OR CLAIM THAT ARISES FROM YOUR USE OF ANY SERVICES PURCHASED FROM OUR SITE. WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “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." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
• Representations and Warranties
OUR SITE AND SERVICE IS OFFERED “AS-IS”. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. WE SPECIFICALLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES. OUR PRODUCTS ARE TO BE USED FOR ENTERTAINMENT PURPOSES ONLY. YOU SHOULD NOT USE OUR PRODUCTS AS INVESTMENT ADVICE. ANY CLAIMS MADE BY US ARE FOR ILLUSTRATIVE PURPOSES ONLY. YOU UNDERSTAND THAT ANY MONEY YOU SPEND ON SPORTS BETTING IS YOUR OWN RESPONSIBILITY AND NOT TO BE USED AS A BASIS FOR MAKING MONEY BUT ONLY FOR ENTERTAINMENT. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, MONETARY LOSSES BY YOU, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
• Indemnity
You agree to defend, indemnify and hold harmless FSD, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
• your use of and access to the FSD Service;
• your violation of any term of these Terms of Service;
You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
• Freedom of Speech
At FSD we allow users to create content which is user-generated and respect the fundamental right to speak freely. However, this is an online community so please be respectful and reasonable while communicating with others or us. Since you may be able to communicate with other users, we are not liable for any defamatory content posted on our website if published by a third party. We are a passive service that only hosts content generated by users we do not alter or produce any content submitted. Although we may choose to edit or delete any clearly defamatory or illegal content, we are not required to, and we reserve all defenses for such speech made available to us by Directive 2000/31/EC or Section 230 of the Communications Decency Act, applicable statutes, the common law and any laws within the European Union or the US Constitution.
• COPPA and International Age Compliance
FSD and its Services may only be used by persons over 21 years and older. If you are under the age of 21 please do not submit any information to us and please stop using our Site and Service immediately.
• Choice of Law
This Agreement shall be governed by the laws in force in England. The offer and acceptance of this contract is deemed to have occurred in England.
• Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest to London, England. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
• Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
• Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, FSD shall have the sole right to elect which provision remains in force.
• Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
• Assignment
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
• Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified and may contact you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
• California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Fantasy Sports System must be addressed to our agent for notice and sent via certified mail to: Agent of Fantasy Sports System, 145-157 St John Street, London, England, EC1V 4PW.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: February 18, 2014