DraftMates Terms & Conditions
DraftMates, LLC (the “Company”, “we” or “us”) owns and operates the www.draftmates.com website (the “Website”) and the DraftMates mobile application (the “App”, and collectively with the Website, the “Services”). By participating in the Services, your organization signifies its assent to these Terms and Conditions. If your organization does not agree to all of these Terms and Conditions, it cannot participate in the Services. The Company may revise and update these Terms and Conditions at any time. Please continue to review these Terms and Conditions periodically. Your continued participation in the Services will mean you accept any revisions to the Terms and Conditions.
Use of Content
The Services contain copyrighted material, including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (the “Content”). The Services are protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The Company and third party content providers also own (or have the right to use) copyrights in the content original to them. Any use of the Content not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may violate copyright, trademark, and other laws. Content and features, including without limitation product pricing and availability, are subject to change or termination without notice in the sole discretion of the Company. Content may contain technical inaccuracies or typographical errors. All rights not expressly granted herein are reserved to the Company and its licensors.
If you violate any of these Terms and Conditions of Use, your permission to use the Content may be terminated in the sole discretion of the Company, and in such event you must immediately destroy any copies you have made of any portion of the Content.
Use of the Services
In your use of the Services, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to (a) use the Services for any purpose in violation of local, state, national, or international laws, (b) insert your own or a third party’s advertising, branding, or other promotional content into any of the Content or use, redistribute, republish, or exploit the Content for any further commercial or promotional purposes, (c) infringe or violate the rights of any third party, including without limitation, intellectual property, privacy, publicity, or contractual rights, (d) engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses, wireless addresses, or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Services, including without limitation any information residing on any server or database connected to the Services, (e) interfere with, interrupt, damage, disable, overburden, or impair the Services or the Content, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or electronic mail address information or similar methods or technology, (f) attempt to gain unauthorized access to other computer systems through the Services, or (g) assist any third party in doing any of the foregoing.
You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services, or any Content thereof, or make any unauthorized use thereof. You agree that you shall not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Services.
THE SERVICES ARE NOT A FORM OF GAMBLING AND MAY NOT BE USED FOR ANY FORM OF GAMBLING.
If for any reason the Services are not running as originally planned (e.g., if the Website or the App becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of the Company corrupts or affects the administration, security, fairness, integrity or proper conduct of the Services), the Company reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Services. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Website.
These Terms and Conditions of Use shall also apply to the use of the DraftMates Mobile Application and are intended to be in addition to the End User License Agreement for the Mobile Application found on the Apple or Android Store, as applicable, and to the extent any of these Terms and Conditions of Use conflict with such End User License Agreement, these Terms and Conditions of Use shall supersede the conflicting provision in the End User License Agreement.
In order to participate in the Services, you must register for an account AND BE 18 YEARS OF AGE OR OLDER. When registering, you must provide accurate and complete information. You may never use another’s account without permission. It is your sole responsibility to (1) control the dissemination and use of passwords; (2) authorize, monitor, and control access to and use of your Company account and password; (3) promptly inform the Company of any need to deactivate a password. You grant the Company and all other persons or entities involved in the operation of the Services the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Services. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Company tools and services. You are solely responsible for maintaining the confidentiality of your password, if any, and agree that the Company will have no obligations with regard thereto. You agree not to give your password to anyone. If you believe your password has been lost or stolen or someone has gained access to your password without your permission, contact us immediately. You must notify the Company immediately of any breach of security or unauthorized use of your account.
The Company reserves that right to cancel contests, in our sole discretion, without any restrictions. The Company, in its sole discretion, may disqualify you from a contest or suspend or terminate your account if you engage in conduct the Company deems, in its sole discretion, to be improper, unfair or otherwise adverse to the operation of the Services or in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information required to use the Services; violating any of these rules, using unauthorized methods such as automated scripts or other automated means; tampering with the administration of the Services or trying to in any way tamper with the computer programs associated with the Services; obtaining other users’ information and spamming other users; and abusing the Services in any way; or otherwise violating these Terms and Conditions of Use.
Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.
Collection and Use of Personal Information
If you choose to use the Services, you will be required to provide us with the information necessary to create a user account, including your name, address, postal address and telephone number, your email address, a password, and other identifying information (such as your mother’s maiden name, city of birth, or pet name).
Your personal information enables us to provide you with the ability to use the Services. We also use your personal information to help identify you if you lose your password and to help you quickly find information on the Website.
If you believe that any of your personal information is incorrect, or has been changed since your registration at the Website, please send an email message to firstname.lastname@example.org explaining the correction or change and provide any relevant confirmation or reference number.
We will share your personal information with any nonprofit to which you make a donation to allow any such nonprofit to provide you with a donations receipt. The Company also may disclose your personal information to comply with a court order, subpoena, search warrant, or other legal process; to comply with legal, regulatory, or administrative requirements of any governmental authorities; to protect and defend the Company, its subsidiaries and affiliates, and their officers, directors, employees, attorneys, agents, contractors, and partners, in connection with any legal action, claim, or dispute; to enforce the Terms and Conditions of Use; to prevent imminent physical harm; and in the event that we find that your actions with respect to the Services violate any laws, our Terms and Conditions of Use, or any of our usage guidelines for the Services.
We reserve the right to transfer your personal information to a third party in the event of a transfer of all or substantially all of the Company’ assets.
Limitation of Liability
THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, OR OTHER TANGIBLE OR INTANGIBLE LOSSES (INCLUDING WITH RESPECT TO THE NONPROFIT’S TAX-EXEMPT STATUS)), ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE SERVICES, DONATIONS OR PUBLIC EVENTS AND TAX MATTERS RELATING TO THE DONATIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO THE NONPROFIT FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED DOLLARS. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
The Company reserves the right to refuse service, terminate your account or your access to the Services or features of the Website or the App, and/or cancel orders in its sole discretion, including, without limitation, if the Company believes that customer conduct violates applicable law or is harmful to the interests of the Company.
Links to Other Websites
THE COMPANY MAY PROVIDE LINKS TO THIRD-PARTY WEBSITES. THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED THIRD-PARTY WEBSITES, AND DOES NOT MAKE ANY REPRESENTATIONS REGARDING THEIR CONTENT OR ACCURACY. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH WEBSITES. THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO ANY LIABILITIES THAT YOU MAY INCUR WITH ANY OF THESE THIRD-PARTY WEBSITES OR VENDORS. PLEASE CAREFULLY REVIEW THE TERMS AND CONDITIONS APPLICABLE TO YOUR PURCHASE OF GOODS FROM A THIRD PARTY.
The Services do not constitute gambling. Payments to nonprofits are sent directly from the user’s entry fee and the method of payment a user made to enter the contest.
You acknowledge that there cannot be a guarantee that communications or payment transactions conducted online will be absolutely secure. You further acknowledge that there may be system failure that may limit your ability to use third party online payment services. You agree to assume all risk and liability arising from your use of the third party online payment services, including the risk of breach in the security of the communications or transactions you conduct online. THE THIRD PARTY ONLINE PAYMENT SERVICES ARE BEYOND THE CONTROL OF THE COMPANY AND ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND FROM THE COMPANY, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The Company will not be responsible for the accuracy or timeliness of processing your donation.
The Company will record each user’s completion rate with respect to donations pledged versus donations actually made. The Company retains the right to limit, suspend or terminate the account of a user who fails to make good on a reasonable percentage of pledged donations.
A minimum of 85% (percent) of your donation goes towards the nonprofit organization supported.
You agree to defend, indemnify, and hold the Company, its officers, managers, members, employees, agents, licensors, advisors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees resulting from or alleged to result from: (i) your use of and access to the Services; or (ii) your violation of any term of these Terms and Conditions of Use. This defense and indemnification obligation will survive these Terms and Conditions of Use and your use of the Services.
The Company is a Delaware LLC headquartered in the State of Ohio in the United States of America with principal offices in Columbus, Ohio. The Company makes no claims that the Services and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The Company is not affiliated with or sponsored by any nonprofit organization or the National Football League, the National Hockey League, the National Basketball Association, Major League Baseball, the NCAA, or any other professional, collegiate, or amateur sports or athletic league.
The following provisions survive the expiration or termination of these Terms and Conditions of Use for any reason whatsoever: Liability, User Submissions, Rights Reserved, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with the Company, or in any way relating to your use of the Services, resides in the courts of Franklin County, Ohio, and you further agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving the Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions of Use are governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Thank you for your cooperation. Questions or comments regarding the Services should be submitted to email@example.com.