TERMS & CONDITIONS

Last updated March 01, 2024
AGREEMENT TO OUR LEGAL TERMS

We are Daily Fantasy ("Company," "we," "us," "our").

We operate the website https://playdailyfantasy.com (the "Site"), the mobile application Daily Fantasy (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

In Daily Fantasy, enthusiasts can craft their ideal teams and challenge others who share their passion for sports to create the strongest lineup. Participants act as team managers, strategically assigning captains, and organizing players before each game in pursuit of victory and glory.

You can contact us by email at cs@playdailyfantasy.com.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Daily Fantasy, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 21 years old. Persons under the age of 21 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

1.OUR SERVICES

The information provided when using our Services is intended solely for individuals within the Philippines. As such, we operate in accordance with Philippine laws and regulations.

Users accessing our service from locations outside the Philippines must comply with Philippine laws if they wish to use our service.

2.INTELLECTUAL PROPERTY RIGHTS

2.1Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

2.2Your submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

  • confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
  • warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
  • warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

3.USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4.USER REGISTRATION

To enroll as a member of Daily Fantasy, prospective players must register through our online registration process. Required documentation includes the personal information of the player and the presentation of one valid government-issued Identification (ID) Card. Registration is limited to individuals aged twenty-one (21) and above.You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5.DEPOSIT AND PAYMENT

You agree to provide current, complete, and accurate deposit and account information for all transactions made via the Services. You further agree to promptly update account and transaction information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. All transaction shall be in Philippine Peso.

You agree to authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, or per order.

6.REFUNDS POLICY

  • No refund can be completed once the alleged deposit (including the bonus) has been played using the Daily Fantasy Services.
  • A refund request will only be considered if it is requested within the first twenty-four (24) hours of the alleged transaction, or within thirty (30) days if a Player alleges that another individual (or a minor) has accessed his/her Player Account or if there was any PAGCOR violation incurred.
  • Daily Fantasy reserve the right to withhold any refund or reverse transaction until the identity of the Player Account User is adequately established to its satisfaction, in order to ensure that any payment made will be honored after a refund has been made. The player agrees to provide, in case demanded, a notarized identification, or any other certified identification in accordance with the applicable Philippine laws. If such notarized or certified identification is not provided within five (5) days of the request, then such refund or reverse transaction shall not be affected, the Player Account shall be closed and Daily Fantasy shall forfeit all funds in the Player Account. Such decision shall be final, binding and not subject to appeal.

7.SOFTWARE

We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software.

8.PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

  • You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.As a user of the Services, you agree not to:
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Uploading or publishing any virus-bearing programs, files or data that affect the performance of the website equipment, software, services, etc.
  • Post any illegal information about harassment, insults, defamation, threats, obscenity, and incitement to racial dissatisfaction on the website or equipment or to other users, or any criminal behavior that constitutes or encourages criminal acts, or causes civil liability incidents, etc. And other related illegal information.
  • Attempt to modify, reverse compile, reverse engineer or disassemble the software in any form.
  • Stealing any relevant information of other members

9.CONTRIBUTION LICENSE

You and Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

10.SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

11.PRIVACY POLICY

We prioritize data privacy and security. By using our Services, you agree to adhere to our Privacy Policy posted on our platform, which is integrated into these Legal Terms.

Daily Fantasy collects your personal information as required by the Philippine Amusement and Gaming Corporation (PAGCOR) for the purpose of providing our services. Besides PAGCOR, we may share your information with essential suppliers, third-party service providers, related companies, and subsidiaries to deliver our services, manage your account, conduct accounting, carry out market studies, promotions, play tracking, profiling and loyalty programs, promotional games, prize release, and other related services.

Our company strictly follows a privacy policy in accordance with Republic Act No. 10173 or the Data Privacy Act of 2012 while processing your personal information.

In addition to the mentioned purposes, we collect personal information to facilitate transactions, manage and administer accounts, and enhance the efficiency of our products and services.

We maintain strict confidentiality of member information. Your provided information will not be sold or shared with subsidiaries, third-party service providers, suppliers, related companies, or disclosed to the public unless aligned with disclosed purposes, in the ordinary course of business, or authorized by Philippine law or valid court or government orders.

Our company implements stringent security measures and employs automated systems to ensure compliance with Data Privacy standards for the confidentiality, integrity, and availability of your personal data. Our staff is trained to handle your personal data, and we have internal controls in place to prevent and address personal data breaches.

We operate under the laws of the Republic of the Philippines, and all personal data collected is stored within the Philippines.

Your information will be retained in our system for as long as your account remains active and for at least one (1) year from your last visit.

For any complaints, including but not limited to handling, correction, or deletion requests of your personal information, please contact us at cs@playdailyfantasy.com.

12.TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

13.GOVERNING LAW

This agreement and its related clauses are governed by and construed in accordance with the laws of the Republic of the Philippines. Any litigation, dispute, or disagreement arising from this agreement and its provisions shall be exclusively subject to the jurisdiction of the relevant courts in the Republic of the Philippines, which shall have sole authority for interpretation and adjudication. Each party hereby irrevocably waives any rights to contest the jurisdiction of the courts of the Republic of the Philippines or to argue against the application of the principle of forum non conveniens.

14.DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

15.USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services.

Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

16.MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

17.Membership Restriction

Daily Fantasy is open to qualified individuals twenty-one (21) years old and above.

Pursuant to Presidential Decree 1869, as amended by Republic Act 9487, persons under 21 years of age or students of any school, college, or university in the Philippines are not allowed to play in this gaming establishment.

Pursuant to Malacañang Memorandum Circular No. 8, the following are not allowed to enter, stay, and/or play in the gaming establishment/platform.

  • Government officials and employees connected directly with the operation of the government or any of its agencies; and
  • Members of the Philippine National Police (PNP) and Armed Forces of the Philippines (AFP).
  • Persons under 21 years of age or students of any school, college, or university in the Philippines.
  • PAGCOR officials and employees;
  • Unregistered players;
  • Banned individuals;
  • Spouse, common-law partner, children, parents of officials and persons mentioned in items (1), (2), and (4) above.
  • Persons included to the National Database of Restricted Persons;
  • Gaming Employment License (GEL) holders; and
  • Financiers/Loan Sharks and the like.
  • An individual whose capacity is restricted by law;
  • Players currently residing outside of the Philippines;

Daily Fantasy has the right to deny application or terminate the membership of any individual who violates the terms and conditions of the membership or provides false or inaccurate information during the membership registration.

  • The account holder agrees and can bear the risk of loss caused by using this service, Daily Fantasy does not bear any risk for its loss;
  • All of the account holder’s deposit is not from illegal or criminal activities;
  • The account holder must not engage in any illegal activities by using his/her Daily Fantasy account, or allow others to use its account to engage in any activities that violates both local and Daily Fantasy rules;
  • The account holder shall keep the account credentials including the password properly and must not allow others to use it. If in case the password has been forgotten or lost, the Daily Fantasy Customer Service Department will assist in setting up a new security information after a thorough authentication process;
  • The account holder is responsible for ensuring the confidentiality of the Daily Fantasy account and login information. Any online gambling conducted with the account holder’s username and password will be considered valid;
  • When using Daily Fantasy services, websites, equipment, software or related information, the account holder or a visitor must not in any way hinder other members from enjoying the services that Daily Fantasy provides;
  • Stealing any relevant information of other members is strictly prohibited;
  • Uploading or publishing any virus-bearing programs, files or data that affect the performance of the website equipment, software, services, etc. is strictly prohibited;
  • The account holder shall not attempt to modify, reverse compile, reverse engineer or disassemble the software in any form;
  • The account holder must not use any equipment, automatic equipment, software, programs or other methods (similar to the aforementioned) to hinder or attempt to interfere with the normal operation of the services, equipment, software, URL, information or any transaction provided by the website, use of artificial intelligence Including the unrestricted plug-in system is strictly forbidden to connect to the server. All customer service operations must be performed by the player through the use of Daily Fantasy program interface;
  • The account holder must not post any illegal information about harassment, insults, defamation, threats, obscenity, and incitement to racial dissatisfaction on the website or equipment or to other users, or any criminal behavior that constitutes or encourages criminal acts, or causes civil liability incidents, etc. And other related illegal information;
  • The account holder is not allowed to initiate or participate in investigations, quizzes, or mass release of chain letters/spam mails, mail peddling and other activities aimed at Daily Fantasy;
  • The account holder cannot have multiple accounts at the same time. If Daily Fantasy find that a customer has multiple accounts, the company has the right to cancel their accounts and place bets. The company reserves the right to cancel or close the duplicate account. The company reserves the right to restrict customers to keep only one of the accounts;
  • The account holder must not deposit nor withdraw through a Card which the Account Holder is not authorized to use and/or utilizing a Card in a jurisdiction in which betting and gaming are prohibited;
  • The account holder must not find the Website or the Services offensive, objectionable, unfair, nor indecent; and to maintain his/her Daily Fantasy Account details up-to-date in terms of the following: first and last name, valid email address, phone number and any vital information as required by Daily Fantasy;
  • The account holder shall not allow any other individual, including any minor, to use or reuse its created Daily Fantasy Account, access and/or use any material or information from the Website, accept any Prize, or access and/or participate in the Services;
  • The account holder must not sell, transfer or acquire account from or to other players. Funds cannot be transferred between Daily Fantasy accounts;
  • The account holder’s name must be true, legal and consistent with the Proof of Identity submitted.
  • The account holder is not allowed to access the website through the use of a proxy server or any tool that interferes with the IP address of the device being used, or to take any measure that will prevent Daily Fantasy from identifying the correct IP address of the device being used to access the website;
  • The account holder agrees with the application of the above general terms and agree that if there is any suspicion or violation of the customer's behavior, Daily Fantasy has the right to report to the relevant authorities without prior notice or explanation.

18.Disclaimer

If Daily Fantasy is found liable in any manner by a court of law or a similar authority with legal jurisdiction over it, then Daily Fantasy’s liability is capped at the amount of the stake or the Account Holder’s net winnings, whichever is lower. Alternatively, if relevant and applicable, the lesser of the two amounts will be determined based on the balance recorded in the Daily Fantasy Account or the amount transferred into or out of the Daily Fantasy Account.

Daily Fantasy does not provide any explicit or implicit representation or warranty regarding the legal rights of the Account Holder to engage in the Services. Furthermore, none of Daily Fantasy’s employees, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion, or other agencies, media partners, agents, or retailers have the authority to make such representations or warranties. The Account Holder agrees not to utilize the Services, establish, use, or reuse a Daily Fantasy Account, access the Website, or accept any Prize unless they fully comprehend, consent to, wish to be bound by, and adhere to, without exception, all the Daily Fantasy Rules outlined herein, as well as any amendments made to them from time to time.

Daily Fantasy does not acknowledge or accept any liability for damage and/or losses to an Account Holder and/or a third party caused directly and/or indirectly due to the Account Holder:

  • making deposits to his Daily Fantasy Account via a third party’s Card or account;
  • providing incorrect details of his personal account for the purpose of withdrawals from his Daily Fantasy Account;
  • allowing third parties to use his Daily Fantasy Account to make deposits to or withdrawals from his Daily Fantasy Account.

Daily Fantasy does not acknowledge or accept any liability whatsoever for damage and/or losses to an Account Holder and/or a third party caused directly and/or indirectly due to any:

  • The account holder agrees and can bear the risk of loss caused by using this service, Daily Fantasy does not bear any risk for its loss;
  • Violation of the Daily Fantasy Rules;
  • Collusion and/or criminal actions;
  • Advice provided by Daily Fantasy;
  • Failure of Daily Fantasy’s central computer system or any part thereof; delays, losses, errors or omissions resulting from failure of any telecommunications or any other data transmission system; and/or
  • Financial risk and loss, including but not limited to variances in exchange rates;

All information presented on Daily Fantasy, including but not limited to scores, results, event times, statistics, editorial content, etc., is provided for informational purposes only and should not be construed as professional advice of any kind. Neither Daily Fantasy nor any of its independent providers are responsible for any errors, incompleteness, inaccuracies, or delays in the information provided, nor for any actions taken based on such information.

The Account Holder agrees to hold Daily Fantasy, its employees, officers, directors, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion, or other agencies, media partners, agents, and retailers harmless and to fully indemnify them from any and all costs, expenses, liabilities, and damages that may arise as a result of the Account Holder's:

  • Entry, use or reuse of the Daily Fantasy;
  • Use of any Daily Fantasy material;
  • Entry, use or reuse of the servers used to provide the Services;
  • Entry, use or reuse of a Client Application;
  • Participation in the games, chat functionalities and Services;
  • The acceptance of any Prize.

In no event, including but not limited to negligence, shall Daily Fantasy, its software, client applications, software suppliers, subsidiary companies, or affiliates be held liable for any direct, indirect, incidental, special, or consequential damages arising from the use of or inability to use Daily Fantasy's or its suppliers’ products, client applications, and/or materials. The Account Holder expressly acknowledges and agrees that Daily Fantasy is not responsible for any defamatory, offensive, or illegal conduct of any Account Holder. If the Account Holder is dissatisfied with any service or with any of the current Daily Fantasy Rules, the Account Holder's sole and exclusive remedy is to discontinue using the services.

The Account Holder understands, acknowledges, and accepts that any resemblance of names, circumstances, or conditions used, depicted, described, or suggested in the games operated on Daily Fantasy with reality is entirely coincidental and unintended. The Account Holder also understands that Daily Fantasy reserves the right to change or remove any of its services at any time. It is the Account Holder's responsibility to regularly review the Daily Fantasy Rules posted on the website, not less than once a month.

An account holder may access content provided by third parties from the website (e.g., streaming media). The account holder acknowledges that this content does not belong to Daily Fantasy and is provided by a third party. When accessing content on the website, the account holder or visitor does so at their own risk. Daily Fantasy does not control the graphics, sounds, or images provided by such content and expressly disclaims any responsibility related to it.

Daily Fantasy is not responsible for any losses caused by poor or delayed satellite reception, network interruption, or personal errors, negligence, or misunderstanding of the website content when using the website services. The company does not provide guarantees and assumes no liability for delays, breach of contract, or non-service provision due to third-party services provided by the company's website and information.

Daily Fantasy and its related partners, companies, employees, and agents will not be liable for any direct, indirect, major, or ordinary loss or economic loss caused by customers accessing or using the website services, software, information services, or downloading, installing, or using the software, regardless of whether Daily Fantasy has been notified of its possibility.

In case of inconsistency between the match result on the client's computer and the match result on Daily Fantasy’s server, the result displayed by the server will be deemed final. Customers also agree that Daily Fantasy has the final right to interpret the game rules and betting status of customers participating in its services.

Daily Fantasy does not provide any express or implied guarantees for the services currently provided, nor does it guarantee the quality, suitability, completeness, or accuracy of its services. While Daily Fantasy strives to provide customers with high-quality, safe, and reliable services, it does not guarantee the stability, timeliness, or accuracy of the services, nor does it guarantee that errors will be corrected in a timely manner or that the website will be free from interference by viruses or worms.

Daily Fantasy has the absolute right to temporarily or permanently suspend, terminate, modify, delete, or add service content immediately, without notifying the customer, and Daily Fantasy is not responsible for any losses arising therefrom.

19.Breach of Agreement and Claim

If the account holder violates this agreement or part of its terms, Daily Fantasy has the right to take appropriate corresponding measures, including terminating the agreement, immediately intercepting and preventing the access from its website and using its services, closing the account, confiscation of account funds and/or taking necessary measures legal proceedings.

The account holder thereby guarantees that if the following circumstances occur to Daily Fantasy and its shareholders, employees, staff, license holders, licensees, partners and affiliates; the account holder will be fully responsible for compensation for losses, costs, expenses, attorney fees and other charges, etc., and will protect their legitimate rights and interests from liability and negative influences.

  • Violation of the agreement or part of the agreement by the account holder;
  • Violation of laws or regulations or affect the legal rights of third parties by the account holder;
  • Other negative results caused by the account holder’s use of Daily Fantasy’s website services, or other people's use of account information to log in, regardless of whether authorized or not.

20.Priority

The entirety of the agreement will comprise the game rules and any additional terms governing access to and utilization of the Daily Fantasy services. In the absence of explicit provisions, should conflicts arise between the game rules and any other clauses pertaining to accessing and utilizing the website services, the game rules shall take precedence.

21.CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at cs@playdailyfantasy.com 

These Terms of Use are subject to changes, revisions, updates, and amendments from time to time without the need of prior notice or consent of the user.