Terms of Use

Last updated on: August 13, 2021

1. These Terms of Use are a Contract Between You and Us

Agreement. Lineup Advisor (“Us” or “We”) provides LineupAdvisor.com and various related services (collectively, the “Service”) to you subject to your compliance with these terms (the “Terms of Use”). Any references to Lineup Advisor, “Us”, and/or “We” also includes our “Affiliates” which is defined to include our owners, subsidiaries, and affiliated companies. By using the Service, you represent that you have read, understood, and expressly agree to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Service.

Modifications. We may modify or change the Terms of Use at any time without notice. It is your responsibility to review the Terms of Use from time to time and your continued use constitutes acceptance of the modified Terms of Use. We will endeavor to include a “last updated on” notation at the top of the Terms of Use.

Termination. We may terminate or suspend your access to the Service, and/or terminate these Terms of Use subject to the survival of terms that would reasonably survive termination, if required by law, or if we have objective reason to believe you have used the Service in violation of any provision of this Agreement or any supplemental terms, and/or if you engage in or encourage infringement or any other illegal conduct as it relates to your use of the Service.

Passwords and Security. You are responsible for maintaining the confidentiality of your password and account and for all activities that occur through the use of your account (that you can reasonably control). You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you transfer or share your account. You agree to promptly notify us of any unauthorized use of your account or of any other breach of security that you become aware of involving your account or the Service.

2. The Services

Description of the Service. We may make various services available including, but not limited to, fantasy sports advice, analysis, and other content, and other like services.

Changes to the Service. We may modify or discontinue the Service, including any of its features, at any time, with or without notice, to you. We will not be liable to you should we exercise such right. Any new features that augment or enhance the Service shall also be subject to these Terms of Use.

Consent to Messages. When you use the Service, you may be given the opportunity to consent to receive communications from us.

3. License Grant; Conditions

The Service is our copyrighted, patented, or trademarked property and all copyrights, trademarks, service marks, trade names, trade dress, patents, and other intellectual property rights in the Service are owned by us and protected by the copyright, trademark, patent and other laws of the United States and international treaties.

License Grant. We grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for your personal, noncommercial use only, only for as long as the Service is made available to you by Us and only in accordance with the Terms of Use, with no right to reproduce, distribute, communicate to the public, make available to the public, or transform any of the Service, in any media format or channel now known or hereafter devised. This is a license agreement and not an agreement for sale or assignment of any rights in the Service. Except as we specifically agree in writing, no element of the Service may be used or exploited in any way other than as part of the Service made available to you. We do not transfer title to any portion of the Service to you.

Conditions. As a condition of your license, you agree that you will not:

  • copy the Service (except as expressly permitted by us);
  • rebroadcast, transmit or perform the Service;
  • create derivative works of the Service or any part thereof;
  • move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form the Service and/or underlying technology;
  • modify the Service, including, but not limited to, by removing identification, copyright or other proprietary notices from the Service, or by framing, mirroring, or utilizing similar techniques;
  • access or use the Service in a manner that suggests an association with our products, services or brands;
  • use the Service for any commercial or business related use or build a business utilizing the Service, whether or not for profit;
  • bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Service;
  • access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Service using a robot, spider, scraper or other automated means or manual process without our express written permission;
  • damage, disable, overburden or impair the Service;
  • use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement; and
  • allow third parties to violate the above restrictions.

4. Acceptable Use Policy

Usage of the Service is subject to all applicable laws and regulations and this Acceptable Use Policy. Under no circumstance will you post any content that:

  • is unlawful or promotes unlawful activities;
  • is or contains sexually obscene content;
  • is libelous, defamatory, or fraudulent;
  • is discriminatory or abusive toward any individual or group;
  • gratuitously depicts or glorifies violence;
  • is or contains false, inaccurate, or intentionally deceptive information that is likely to adversely affect the public interest (including health, safety, election integrity, and civic participation); or
  • infringes any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other.

While using the Service, under no circumstance will you:

  • harass, abuse, threaten, or incite violence towards any individual or group, including our employees, officers, and agents, or other users;
  • post off-topic content, or interact with platform features, in a way that significantly or repeatedly disrupts the experience of other users;
  • impersonate any person or entity, including any of our employees or representatives, including through false association with GitHub, or by fraudulently misrepresenting your identity or site’s purpose; or
  • violate the privacy of any third party, such as by posting another person’s personal information without consent.

Other prohibited activities while using the Service include:

  • bulk distribution of promotions and advertising;
  • inauthentic interactions, such as fake accounts and automated inauthentic activity;
  • using Lineup Advisor as a platform for propagating abuse on other platforms; or
  • phishing or attempted phishing.

You agree that we may at any time, in our sole discretion, terminate your membership, account, or other affiliation with the Service without prior notice to you. In addition, we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

5. Registration Data and Privacy

In order to access some of the Service, you may be required to provide personal information like an email address (“Registration Data”). By providing Registration Data, you agree that all information provided is true and accurate. Registration Data is governed by our Privacy Policy which is incorporated herein by reference.

6. Third Party Sites and Information

The Service may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and we are not responsible for any content on those sites. The inclusion of such a link or reference is provided as a convenience and does not imply endorsement of, or association with, the Service by us, or any warranty of any kind, either express or implied.

7. Intellectual Property Rights of Others

We respect the intellectual property of others, and ask that you do the same. If you believe your copyright, trademark or other property rights have been infringed by this Service, you should contact us immediately at info@lineupadvisor.com. To be effective, the notification must include:

  • Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
  • Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
  • Provide information reasonably sufficient to permit us to contact you (email address is preferred).

8. Feedback and User Generated Content

We’re always trying to improve the Service, and your feedback helps us do that. If you choose to give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for the Service (collectively, “Feedback”), you acknowledge and agree that Lineup Advisor will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit, and/or incorporate the Feedback into the Service.

Any communication or material (including player projections) you transmit to us, whether by electronic mail, post, or other means, for any reason (“User Generated Content”), will be treated as non-confidential and non-proprietary. By providing User Generated Content, you acknowledge and agree that Lineup Advisor will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit, and/or incorporate such communication or material.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.

9. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SERVICE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SERVICE MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

You understand and agree that temporary interruptions of the Service may occur, whether caused by Us or by third parties.

You understand and agree that the Service is provided “AS IS” and we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SERVICE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SERVICE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

12. Miscellaneous

Assignment. You may not assign your rights under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Use.

Choice of Law. The Terms of Use are governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any conflict of law principles.

Force Majeure. We shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligations under these Terms of Use.

No representation. We make no representation that the Service is appropriate or available for use in locations outside the United States.

Severability. If any provision of the Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Waiver. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

Notices. You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing. Notices and any communications to us must be sent to info@lineupadvisor.com.