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Terms of Use

ONLINEDRAFT SERVICES TERMS OF USE

You are currently using the website OnlineDraft provided by OnlineDraft, LLC. All service features and functionalities (collectively the "OnlineDraft Services") provided, and made available through this website ("Site"), by OnlineDraft, LLC ("OnlineDraft"), referred to herein as the "Operators." The following are the terms and conditions (this "Agreement") that govern your use of the Site and the OnlineDraft Services.

By accessing, using or visiting the Site or otherwise using the OnlineDraft Services, you expressly agree to be bound by this Agreement and to follow all terms and applicable laws and regulations governing the Site and the OnlineDraft Services and also agree to be bound by any additional non-conflicting terms or conditions to which you have or will agree with any tickets owned or purchased from another party. If you do not agree with this Agreement, your sole recourse is not to use the Site and/or the OnlineDraft Services.

OnlineDraft, LLC has no involvement whatsoever in the arrangements and/or agreements made between members / partners / participants of users and groups using this service. Our goal is to make the process of determining which person gets which of whatever you are sharing or dividing ( games / season tickets / players / people / days / weekends / weeks / accounts / things ) as easy as possible.

1. PRIORITY

This Agreement sets forth the terms and conditions under which the Site and OnlineDraft Services are available to you.  While using the OnlineDraft Services you may see links that, when clicked on, will take you to services and features on websites that are not included in the OnlineDraft Services. Please review the terms of use appearing on those sites and with those services. In those cases, you will be bound by the Terms of Use and Privacy Policy applicable to the appropriate provider's website and the applicable services and features. With respect to your use of the Site and the OnlineDraft Services, in the event of any conflict between this Agreement and any other terms, this Agreement shall prevail.

2. MODIFICATIONS TO THIS AGREEMENT

The Operators reserve the right, at their sole and absolute discretion, to change, modify or otherwise alter these terms and conditions at any time with or without notice.  Such modifications shall become effective immediately upon the posting thereof. You must review this Agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of this Agreement at: http://www.onlinedraft.com/home/termsOfUse

3. PROPER USE

The content and software on this Site is the property of OnlineDraft, as applicable, and is protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not distribute, copy, reproduce, alter, modify, translate, rebroadcast, transmit, perform or create derivative works, publicly display or otherwise use any content (except for your own personal, non-commercial use) from the Site. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor, copy or otherwise take any content from the Site. Furthermore, the Site is provided to you for your own personal use, and it may not be used for any commercial purposes or any fraudulent or illegal purposes.  Any use of the Site that infringes upon the intellectual property rights of OnlineDraft, as applicable, or that is for commercial purposes or fraudulent or illegal purposes may be investigated and OnlineDraft shall have the right to take appropriate civil and criminal legal action. The OnlineDraft Services are subject to transmission limitations of the Internet and, as applicable, wireless carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.

PLEASE NOTE: THE OnlineDraft Services DO NOT INCLUDE FUNCTIONALITY FOR, AND THE OPERATORS SHALL NOT BE RESPONSIBLE OR LIABLE FOR, ANY ELEMENTS OF YOUR FINANCIAL AGREEMENTS BETWEEN YOU AND YOUR PARTNERS. (E.G., TICKET PAYMENT, ALLOCATION, DISTRIBUTION, SHIPMENT, ETC.) AND/OR ANY INTERACTIONS, OCCURRENCES OR EVENTS THAT OCCUR OUTSIDE OF THE OnlineDraft Services. The OnlineDraft Services ARE FOR YOUR INFORMATIONAL PURPOSES ONLY.

4. CONTENT

You understand that all listings, postings, messages, email addresses or other personal information, text, preferences, or other materials ("Content") posted on, transmitted through, or linked from the OnlineDraft Services, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the OnlineDraft Services. You understand that OnlineDraft do not control, and is not responsible for Content made available through the OnlineDraft Services, and that by using the OnlineDraft Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge that OnlineDraft may pre-screen and/or approve or reject Content but are not obligated to do so. OnlineDraft shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the OnlineDraft Services, for violating the letter or spirit of this Agreement or for any other reason.

There are many opportunities within the Site for you to actively participate. In the process of doing so, you may provide certain personal information, preferences, comments, suggestions, data, or other information to OnlineDraft (collectively "Information"). The Information you provide in connection with your use of the OnlineDraft Services will be collected, used and disclosed in accordance with Privacy Policy http://www.onlinedraft.com/home/privacyPolicy applicable to the OnlineDraft Services.  Websites or services linked to from the OnlineDraft Services or the Site that are not part of the OnlineDraft Services are not subject to such Privacy Policy.  You should refer to those website's privacy policies to determine how they collect, use and disclose information about you.

5. USING THE OnlineDraft Services

While using the OnlineDraft Services, you will not:

* violate any laws or third party rights;

* use the Site or OnlineDraft Services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using the Site;

* circumvent or manipulate the draft fee structure or fees owed to the OnlineDraft, as applicable;

* post false, fraudulent, inaccurate, misleading, defamatory, or libelous content (including personal information);

* impersonates any person or entity, including, but not limited to, an employee of OnlineDraft, or falsely state or otherwise misrepresents your affiliation with a person or entity;

* post or transmit in any way any personal or identifying information about another person without that person's explicit consent;

* upload, post, or transmit in any way images / photographs of, or content relating to any minors without the explicit consent of the minor's parent or legal guardian; In addition, we require that if you do post images / photographs of, or content relating to any minors, that you maintain written legal authorization from the parents or guardians authorizing you doing so. OnlineDraft reserves the right to request said legal authorization from you. If you cannot provide legal authorization, any images / photographs of, or content relating to any minors will be immediately deleted.

* post any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

* transfer your account and User ID to another party;

* distribute or post spam, unsolicited, or bulk electronic communications;;

* distribute viruses or any other technologies that may harm OnlineDraft or any other Entity, or the interests or property of users of the OnlineDraft Services;

* copy, modify or distribute rights or content from the OnlineDraft Services;

* harvest or otherwise collect information about users, including email addresses;

* contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;

* "stalk" or otherwise harass anyone including any employee or representative of OnlineDraft and/or any other user;

* collect personal data about other users for commercial or unlawful purposes;

* use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the OnlineDraft Services; or

* attempt to gain unauthorized access to computer systems of OnlineDraft or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site and/or the OnlineDraft Services.

6. ABUSING THE OnlineDraft Services

OnlineDraft will work  to keep the OnlineDraft Services working properly and the community of users safe. Please report problems, offensive content, and policy violations to the OnlineDraft.

Without limiting other remedies, we may limit, suspend or terminate the OnlineDraft Services and/or user accounts, prohibit access to the Site and their content and OnlineDraft Services, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, violating this Agreement including,  without limitation, by posting fraudulent listings, conducting off-OnlineDraft Services transactions, circumventing temporary or permanent suspensions, or harassing any employee or representative of OnlineDraft and/or any other user). Additionally, the Operators may, in appropriate circumstances and at their sole and absolute discretion, suspend or terminate accounts of users who may be repeat infringers. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue the OnlineDraft Services.

7. FEES AND OnlineDraft Services

Creating an account to access the password-protected sections of the Site and OnlineDraft Services is free. Much of the functionality of the OnlineDraft Services is provided free of charge, however, we do charge fees for holding an OnlineDraft. Before paying any fee, you will have an opportunity to review and accept the fee. If you do not want to pay a fee, you may choose to not continue. All fees will be charged based on our fee schedule, which we may change from time to time.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the OnlineDraft Services in a timely manner with a valid payment method.

8. LIMITATION OF LIABILITY

You will not hold OnlineDraft responsible for other users' Content, actions or inactions. You acknowledge that the OnlineDraft Services does not sell tickets, vacations homes, boats, or anything at all. Instead, the OnlineDraft Services provide tools to help groups of people who share “something” hold and a “draft” to determine who gets what.

OnlineDraft has no control over and does not guarantee the availability, quality, safety or legality of anything shared by a group, nor the truth or accuracy of users' content included all details of their group and draft, as well as the ability of users to sell and/or distribute items being share, nor the ability of buyers to pay for items.

OnlineDraft does not and cannot guarantee the conduct of the participants in your drafts. OnlineDraft provides a unchangeable transaction log of all drafts that can be used as a reference once a draft has been completed. However, the draft rules are COMPLETELY determined and entered by the GROUP. OnlineDraft cannot guarentee the "fairness" of your draft rules and other than providing the transaction log of drafts will not be involved in any disputes that may arise in association with any draft conducted on this service.

We do not transfer legal ownership of ANYTHING AT ALL! Further, we cannot guarantee continuous or secure access to the Site, the OnlineDraft Services may be interfered with by numerous factors outside of the Operator's control. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the OnlineDraft Services.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OnlineDraft SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF OnlineDraft AND/OR THE OTHER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE USE OF THE SITE BY ANY PARTY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OnlineDraft SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY ANY CONTENT (TEXT, IMAGES, PHOTOGRAPHS) THAT YOU CHOOSE TO POST, INPUT, OR ENTER INTO THIS SYSTEM. FURTHER, YOU TAKE THE SOLE RESPONSIBILITY FOR DETERMINING THE LEGALITY OF ANY CONTENT YOU DECIDE TO POST, INPUT, OR ENTER INTO THIS SYSTEM. THIS RELATES TO ALL CONTENT BUT ESPECIALLY TO ANY AND ALL CONTENT (INCLUDING IMAGES AND PHOTOGRAPHS) OF OR ABOUT MINORS. OnlineDraft DOES NOT REVIEW CONTENT (TEXT, IMAGES, PHOTOGRAPHS) ENTERED INTO THIS SYSTEM. HOWEVER, IF WE ARE MADE AWARE OF CONTENT THAT IS DEEMED UNLAWFUL, OFFENSIVE, OR INAPPROPRIATE, WE RESERVE THE RIGHT TO IMMEDIATELY REMOVE AND DELETE SAID CONTENT AND NOTIFY AUTHORITIES IF APPLICABLE.

IF YOU CHOOSE TO ENTER CONTENT (TEXT, IMAGES, PHOTOGRAPHS) RELATING TO MINORS, THEN YOU SHALL HAVE THE SOLE RESONSIBILITY FOR ACQUIRING AND MAINTAINING ANY AND ALL LEGAL AUTHORIZATIONS FROM THE PARENTS OR GUARDIANS AS REQUIRED BY YOUR LOCAL JURISDICTIONS AND THE STATE OF CALIFORNIA IN THE UNITED STATES. ONLINEDRAFT RESERVES THE RIGHT TO REQUEST FROM YOU PROOF OF LEGAL AUTHORIZATION REGARDING CONTENT OF OR ABOUT MINORS. IF YOU CANNOT PROVIDE LEGAL AUTHORIZATION, ANY CONTENT (TEXT, IMAGES, PHOTOGRAPHS) WILL BE IMMEDIATELY DELETED.

UNDER NO CIRCUMSTANCES SHALL OnlineDraft BE LIABLE TO YOU FOR ANY AMOUNT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.

IF YOU ARE NOT CONFIDENT THAT THE ADMINISTRATOR OR OTHER PARTNERS IN YOUR GROUP ARE GOING TO USE ONLINEDRAFT IN ACCORDANCE TO WHATEVER AGREEMENTS THAT YOU HAVE IN PLACE, THEN YOU SHOULD NOT USE ONLINEDRAFT. IF YOU BELIEVE THAT THE DRAFT CHAT LOG (TRANSACTION LOG) DOES NOT PROVIDE ADEQUATE TRANSPARENCY, THEN YOU SHOULD NOT USE ONLINEDRAFT. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU ACCEPT AND UNDERSTAND THAT ONLINEDRAFT IS NOT INVOLVED IN ANY IN YOUR GROUP'S AGREEMENTS OR DRAFT RULES, AND THAT ONLINEDRAFT PROVIDES NO WARRANTIES OR GUARANTEES OF ANY KIND AND WIL NOT BE LIABLE TO YOU FOR ANY AMOUNT. WE BELIEVE THAT WE PROVIDE AN EXCELLENT AND TRANSPARENT SYSTEM FOR DIVIDING SHARED ITEMS. HOWEVER, IF YOU ARE NOT COMFORTABLE USING ONLINEDRAFT FOR ANY REASON, THEN YOU SHOULD NOT USE IT.

9. INDEMNITY

You will indemnify and hold OnlineDraft and each of their respective officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

10. NO AGENCY

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

11. NOTICES

Except as explicitly stated otherwise, legal notices shall be served to the email address you provide during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

12. LIMITATIONS ON OnlineDraft Services

You acknowledge that OnlineDraft may establish limits concerning use of the OnlineDraft Services, including the maximum number of days that Content will be retained by the OnlineDraft Services, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the OnlineDraft Services, and the frequency with which you may access the OnlineDraft Services. You agree that  OnlineDraft have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the OnlineDraft Services. You acknowledge that the OnlineDraft  reserves the right at any time to modify or discontinue the OnlineDraft Services (or any part thereof) with or without notice, and that OnlineDraft shall not be liable to you or to any third party for any modification, suspension or discontinuance of the OnlineDraft Services.

13. NO WARRANTY

USE OF THE SITE AND THE OnlineDraft Services IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU. THERE IS NO GUARANTEE THAT THE OnlineDraft Services CAN WORK PERFECTLY FOR YOU. IF YOU ARE CONCERNED THAT THE OnlineDraft Services MAY NOT WORK FOR YOU, THEN YOU SHOULD NOT USE THE OnlineDraft Services. ACCORDINGLY, THE SITE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE OnlineDraft Services AT YOUR OWN RISK. OnlineDraft DOES NOT WARRANT THAT: (A) THE SITE OR THE OnlineDraft Services WILL BE UNINTERRUPTED OR ERROR FREE; (B) DEFECTS OR ERRORS IN THE SITE, OnlineDraft Services OR SOFTWARE  WILL BE CORRECTED; (C) THE SITE  OR THE OnlineDraft Services WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;  (D) ANY INFORMATION CONTAINED IN THE SITE, OR THE OnlineDraft Services WILL BE ACCURATE OR RELIABLE,  (E) THE SITE OR THE OnlineDraft Services WILL MEET YOUR REQUIREMENTS, OR (F) THE QUALITY OF THE SITE, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. 
OnlineDraft EXPRESSLY DISCLAIMS (AA) ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE, ITS CONTENT AND/OR THE OnlineDraft Services, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR (BB) ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR OR USER OF THE OnlineDraft Services, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE SITE OR THE OnlineDraft Services, OR ANY LOSS OR INJURY ARISING OUT OF YOUR USE OF THE OnlineDraft Services. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.

14. MODIFICATION OF OnlineDraft Services

Programming, pricing, terms and conditions of the OnlineDraft Services are subject to availability and change. OnlineDraft may change, suspend or discontinue any aspect of the Site or the OnlineDraft Services at any time, including the availability of the Site or its Content.

15. VIOLATIONS OF TERMS; TERMINATION

OnlineDraft may impose limits on certain features of the OnlineDraft Services or restrict your access to parts or the entire Site without notice or liability at any time, without prejudice to any legal or equitable remedies available to each of them, for any reason or purpose, including, but not limited to, conduct that OnlineDraft believes violates this Agreement or other policies or guidelines posted on the Site or conduct which the OnlineDraft believes is harmful to other customers. In addition, this Agreement may be immediately terminated at any time by OnlineDraft in their sole discretion. In addition and without prejudice to any other remedy available to OnlineDraft OnlineDraft may immediately terminate this Agreement if you breach any term of this Agreement or the rules of use for the OnlineDraft Services. In addition to any legal remedies that OnlineDraft may have for your violation of the terms of this Agreement, OnlineDraft shall also have the right in its sole discretion to suspend or terminate your access to the Site.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that if it becomes necessary for OnlineDraft to pursue legal action to enforce these Terms, you will be liable to pay actual damages for breaches of these Terms. OnlineDraft retains the right to seek the remedy of specific performance of any term contained in the these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.

16. MISCELLANEOUS

This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.

18. ACCEPTANCE OF TERMS OF USE

BY USING THE SITE AND THE OnlineDraft Services, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT. If you do not agree to the terms in this Agreement, you must not use this Site. OnlineDraft may change the terms of this Agreement at any time, and your use of the Site after such changes are posted will mean that you accept them.

Last updated 2/2/2020

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