Terms of Use

1. Acknowledgment and Acceptance of Terms of Use

StacknFade.com (“we”, “our”, or “us”) provides its service to you subject to the following Terms of Use. By using StacknFade.com, you agree to be bound by these Terms of Use, whether or not you are a registered user. We reserve the right to update or revise these Terms of Use from time to time without notice to you, and you acknowledge and agree that it is your responsibility to check the Terms of Use from time to time for any changes. Your continued use of StacknFade.com following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

The Terms of Use applies to each visitor, user, and others who access or use StacknFade.com (“user(s)”).

2. Description of Service

StacknFade.com is not a provider of daily fantasy sports gambling. We review and advertise select daily fantasy sports providers for advertising and informational purposes only. All materials, information, products, software, and services (“service(s)”) available through us are provided “as is” and without warranty of any kind.

All services are provided without warranties of any kind, either express or implied, including but not limited to merchantability, fitness for use, or non-infringement of any or all of the products or promotions offered by third parties. We do not warrant that the content is accurate, reliable, complete, or correct. We make no representations or warranties of any kind as to computer viruses, bugs, errors, or defects in any services provided by StacknFade.com or third parties which cause any damage to your computing device or other personal property.

By using StacknFade.com, you confirm that you understand that it is possible to lose some or all of the monies deposited and/or wagered at daily fantasy sports sites. By using StacknFade.com, you also confirm that you will not hold us responsible for such losses on any daily fantasy sports site or other gambling sites.

3. User Generated Content

We provide a forum for user generated content. As a user, you acknowledge and agree that all materials or works of any kind that are found within or submitted via StacknFade.com by other users are solely the responsibility of the person(s) or institutions that transmitted such content to StacknFade.com. This is including but not limited to images (including images linked or otherwise connected via a URL), videos, texts, advice, announcements, reports or experiences, opinions, and news (“content”). You acknowledge and understand that StacknFade.com does not take responsibility for any content posted by users, nor does it assume liability for any damages you allege to incur as a result of such content.

By submitting content to StacknFade.com, you warrant and represent that you are the holder of all rights of the submitted content or that you have obtained the necessary rights to transmit or reproduce such content. You grant StacknFade.com all worldwide, sublicensable, and transferable licenses and rights in perpetuity to copy, distribute, publicly display, publicly perform, publish, edit, adapt, amend, modify, make derivative works based upon, commercially exploit, or otherwise use in any manner and for any purpose the content, without any claim for reimbursement by you or a third party. StacknFade.com is not responsible for any public display or misuse of your content. You acknowledge and agree that any loss or damage of any kind that occurs as a result of use of content is solely your responsibility, including but not limited to content sent, uploaded, downloaded, streamed, posted, transmitted, or displayed.

You are solely responsible for your interactions with other StacknFade.com users, and we reserve the right to monitor disputes between you and other users at our discretion. We reserve the right to remove any content from StacknFade.com at our discretion at any time.

4. Your Obligations

Daily fantasy sports sites advertised on StacknFade.com may change their rules and regulations from time to time, as well as change or cancel their promotions at any given time. We recommend that you check the rules and regulations on the daily fantasy sports site prior to playing on it.

You acknowledge and agree that it is your responsibility to know and abide by the local laws in place regarding daily fantasy sports where you are playing, including but not limited to whether daily fantasy sports is legal, the legal minimum age for gambling, and the taxation applicable to such gambling.

You agree not to use StacknFade.com to submit any content or conduct yourself in any way that may be construed as unlawful, threatening, harmful, abusive, stalking, tortuous, defamatory, libelous, vulgar, hateful, obscene, offensive, racist, or pornographic. You agree not to use StacknFade.com to submit any content or conduct yourself in any way that may give rise to a civil or criminal liability, or be in violation of an applicable local, national or international law. By using StacknFade.com, you agree that you will not submit content designed to interfere or interrupt any services provided, nor will you submit content infected with a virus or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware.

By using StacknFade.com, you agree that you will not impersonate any person or entity, including but not limited to StacknFade.com administrators and moderators and falsely stating or misrepresenting your association with any other entity. You agree to not use StacknFade.com to collect or harvest any data about other users, or to provide any content that may give rise to civil or criminal liability of directors, employees, contractors, advertisers, partners of StacknFade.com or its affiliated companies, or that may constitute or be considered a violation of any local, national or international law including, but not limited to, laws relating to copyright, trademark, patent or trade secrets. You agree that you will not use StacknFade.com for commercial purposes without StacknFade.com’s prior written consent, including but not limited to advertising, chain letters, and junk mail.

We reserve the right to temporarily or permanently remove users at our discretion if we believe that they are abusing the services or infringing on the Terms of Use.

5. Privacy Policy

Please view our Privacy Policy.

6. Third-Party Websites

By using the links we provide to external websites, you acknowledge and agree that we have no control over such sites. The inclusion of such links does not imply endorsement of the site by StacknFade.com or any association with its operators. We are not responsible or liable for any content, advertising, products, or other materials on such sites, and you agree that you will not and cannot hold StacknFade.com responsible for any damages or losses alleged to be caused by or in connection with content, advertising, products, or other materials on such sites. You explicitly relieve us from any and all liability arising from your use of any third-party website.

7. Indemnity

You agree to indemnify and hold StacknFade.com and its affiliated companies, partners, employees, contractors, officers, operators, and directors harmless from any claim or demand, including attorney’s fees, made by any third party due to or arising out of your conduct, your provision of content, your violation of these Terms of Use, or your violation of any rights of another.

8. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF STACKNFADE.COM AND ANY SERVICES OR CONTENT PROVIDED IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

STACKNFADE.COM MAKES NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE ACCURATE, ERROR-FREE, RELIABLE, TIMELY, UNINTERRUPTED, VIRUS-FREE, SECURE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT WE DO NOT PROVIDE PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF ANY ADVICE OR ANY OTHER INFORMATION OBTAINED ON STACKNFADE.COM IS SOLELY AT YOUR OWN RISK, AND THAT WE MAY NOT BE HELD LIABLE IN ANY WAY. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU, BUT THE OTHER TERMS AND CONDITIONS REMAIN ENFORCEABLE NOTWITHSTANDING.

9. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT STACKNFADE.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR MONETARY LOSS, LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSS (EVEN IF STACKNFADE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF:

  • THE USE OF OR THE INABILITY TO USE THE SERVICE,
  • 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 SERVICE
  • ALTERATION OF OR UNAUTHORIZED ACCESS TO YOUR DATA TRANSMISSIONS
  • STATEMENTS AND/OR CONDUCT OF ANY THIRD PARTY
  • ANY OTHER MATTER RELATING TO THE SERVICE

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, STACKNFADE.COM’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

10. Proprietary Rights

StacknFade.com is not providing you with any implied or express licenses or rights by making its services available to you, and you agree to not reproduce, duplicate, copy, sell, trade, or exploit for any commercial purposes, any portion of StacknFade.com without prior written consent.

All rights are reserved by StacknFade.com, including but not limited to any and all copyrights, trademarks, trade secrets, and any other proprietary rights possessed by StacknFade.com for content and services provided.

11. International Use

We make no representation that our services are appropriate or available for use in locations inside or outside Canada, and accessing them from territories where their contents are illegal is prohibited. Use of StacknFade.com is at your own initiative and you are responsible for compliance with local laws.

12. Choice of Law and Forum

These Terms of Use shall be governed and construed in accordance with the laws of British Columbia, Canada, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of StacknFade.com shall be filed only in provincial or federal courts located in British Columbia, Canada, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

13. Notification of Copyright Infringement

If you believe that your work has been used in any way that constitutes copyright infringement or a violation of your intellectual property rights, please contact us at info@stacknfade.com.

 

Last updated on June 21, 2015.