Terms of Use

These Terms of Use (these “Terms”) govern your access to and use of the website located at  www.rotoballer.com, any associated mobile applications, and all related services, content,  and features (collectively, the “Site”). The Site is owned and operated by RotoBaller LLC, a  New York limited liability company (“RotoBaller,” “we,” “us,” or “our”). By accessing or  using the Site, you agree to be bound by these Terms. If you do not agree, do not  use the Site. 

We may update these Terms at any time by posting the revised version on the Site. Your  continued use of the Site after any update constitutes your acceptance of the revised Terms.  We encourage you to review these Terms periodically.

1. Consent to Data Collection and Tracking Technologies 

The Site uses cookies, tracking pixels (including the Meta Pixel and similar technologies),  web beacons, session replay tools, analytics software, advertising tags, and other data  collection technologies (collectively, “Tracking Technologies”) operated by us and by  third-party vendors, advertisers, and service providers. These Tracking Technologies collect  information about your browsing activity, device information, IP address, interactions with  the Site, and other data as described in our Privacy Policy. 

By accessing or using the Site, you expressly consent to: 

(a) the use of all Tracking Technologies described in our Privacy Policy; 

(b) the collection, transmission, storage, and use of your data by us and our third party vendors and service providers, including advertising networks and analytics  providers; 

(c) the transmission of data collected through Tracking Technologies to third parties  for purposes including advertising, analytics, and site optimization; and 

(d) the use of third-party data appending services that may match anonymous  browsing data with other information to identify visitors. 

This consent is effective immediately upon your first access to any page on the Site.  Tracking Technologies activate automatically when you load a page on the Site; they do not  require any additional action by you. You acknowledge and agree that data collection  begins before you have the opportunity to navigate to any other page, including these  Terms or our Privacy Policy. If you do not consent to the use of Tracking Technologies, do  not access or use the Site. 

You may revoke your consent at any time by following the opt-out instructions in our  Privacy Policy or by using the cookie management tools available on the Site. Revoking  consent does not affect the lawfulness of data collection that occurred before revocation.

2. Eligibility and Accounts 

The Site is intended for users who are at least 13 years old. If you are under 13, you shall  not use the Site. If you are between 13 and 18, you may use the Site only with the consent  and supervision of a parent or legal guardian who agrees to be bound by these Terms. 

If you create an account, you shall provide accurate and complete information and keep  your account credentials confidential. You are responsible for all activity that occurs under  your account.

3. Intellectual Property 

3.1 Ownership 

All content and functionality on the Site, including text, graphics, logos, icons, images, data  compilations, software, and the selection and arrangement of that content (collectively,  “Site Content”), is the exclusive property of RotoBaller or its licensors and is protected by  United States and international copyright, trademark, and other intellectual property laws. 

3.2 Limited License 

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use  the Site and to download one copy of any Site Content solely for your personal, non commercial use. You shall not reproduce, distribute, modify, create derivative works from,  publicly display, publicly perform, republish, download (except as expressly permitted),  store, transmit, or otherwise exploit any Site Content except as permitted by these Terms.  You shall not mirror any Site Content without our prior written consent. 

3.3 Trademarks 

The trademarks, service marks, designs, and logos displayed on the Site (collectively, the  “Marks”) are the registered and unregistered marks of RotoBaller or third parties. Nothing  on the Site grants, by implication, estoppel, or otherwise, any license or right to use any  Mark without the prior written permission of the owner.

4. User Content 

By posting, uploading, or submitting any content to the Site (“User Content”), you grant  RotoBaller a worldwide, perpetual, irrevocable, royalty-free, fully sublicensable, and  transferable license to use, reproduce, distribute, prepare derivative works of, display,  perform, and otherwise exploit that User Content in any form and through any media. 

You represent that you own or have the right to grant this license for any User Content you  submit. You shall not post User Content that: 

(a) is threatening, defamatory, obscene, or unlawful; 

(b) infringes any third party’s intellectual property, privacy, or other rights; (c) contains viruses, malware, or other destructive code; 

(d) contains unauthorized advertising or spam; or

(e) contains false or misleading statements. 

We may remove any User Content at any time for any reason without notice to you.

5. Third-Party Links and Services 

The Site may contain links to third-party websites and may integrate third-party services,  including advertising networks, analytics providers, and content delivery services. We do  not control and are not responsible for the content, privacy practices, or availability of any  third-party website or service. A link to or integration with a third-party does not constitute  an endorsement by RotoBaller. Your interactions with third-party websites and services are  governed by the terms and policies of those third parties.

6. Premium Subscriptions 

6.1 Subscription Terms 

RotoBaller offers premium subscription plans for various sports and services (each, a  “Premium Subscription”). By purchasing a Premium Subscription, you agree to these  Terms in their entirety and to the specific terms presented at the time of purchase,  including the applicable subscription period, price, and renewal terms. 

6.2 Automatic Renewal 

If you buy an automatically-renewing subscription, YOUR PREMIUM SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE  END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL BEFORE THE  RENEWAL DATE. We will charge the payment method on file at the then-current  subscription rate. You may cancel automatic renewal at any time through your account  settings or by contacting us at [email protected]. 

6.3 Cancellation and Refunds 

If you cancel a Premium Subscription, the cancellation takes effect at the end of the then current subscription period. If a renewal charge has already been processed and you request a refund by emailing [email protected] within two business days of the charge,  we will issue a full refund. Refund requests made more than two business days after a  charge are subject to our review and may be prorated at our discretion. 

If you dispute a charge with your payment provider instead of requesting a refund from us, these Terms will govern any such dispute. We cannot guarantee a refund through a third party dispute process. 

6.4 Force Majeure 

If a game, tournament, season, or sporting event is disrupted, postponed, or cancelled for  reasons beyond our control (including labor disputes, natural disasters, pandemics, or  governmental actions), we are not obligated to issue refunds for Premium Subscriptions  related to that event. We will make commercially reasonable efforts to accommodate  affected subscribers.

7. Disclaimers 

THE SITE AND ALL CONTENT, FEATURES, AND SERVICES ARE PROVIDED ON AN  “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND,  EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY  APPLICABLE LAW, ROTOBALLER DISCLAIMS ALL WARRANTIES, INCLUDING  IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR  PURPOSE, TITLE, AND NON-INFRINGEMENT. 

WITHOUT LIMITING THE FOREGOING, ROTOBALLER DOES NOT WARRANT THAT:  (A) THE SITE OR ANY CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, OR  CURRENT; (B) THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTION OR  ERROR; OR (C) THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL  COMPONENTS. 

THE INFORMATION ON THE SITE, INCLUDING FANTASY SPORTS PROJECTIONS,  RANKINGS, AND ANALYSIS, IS FOR INFORMATIONAL AND ENTERTAINMENT  PURPOSES ONLY AND DOES NOT CONSTITUTE INVESTMENT, LEGAL, TAX, OR  OTHER PROFESSIONAL ADVICE. 

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL  CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT  EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT  KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF  EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE  MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR  RELEASED PARTY.”

8. Limitation of Liability 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROTOBALLER, ITS  OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS,  VENDORS, SERVICE PROVIDERS, ADVERTISING PARTNERS, AND LICENSORS  (COLLECTIVELY, THE “ROTOBALLER PARTIES”) SHALL NOT BE LIABLE FOR  ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR  EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE,  GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO  YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE. 

WITHOUT LIMITING THE FOREGOING, THE ROTOBALLER PARTIES SHALL NOT  BE LIABLE FOR ANY STATUTORY DAMAGES UNDER ANY FEDERAL OR STATE  PRIVACY, WIRETAPPING, DATA PROTECTION, OR SIMILAR STATUTE, INCLUDING  THE CALIFORNIA INVASION OF PRIVACY ACT, THE ELECTRONIC  COMMUNICATIONS PRIVACY ACT, THE CALIFORNIA CONSUMER PRIVACY ACT,  OR ANY SIMILAR LAW OF ANY JURISDICTION. 

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ROTOBALLER PARTIES  FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE  EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO ROTOBALLER  DURING THE 12 MONTHS BEFORE THE ACT, OMISSION, OR OCCURRENCE  GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITATIONS APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY,  CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR  ANY OTHER LEGAL THEORY, WHETHER OR NOT THE ROTOBALLER PARTIES  HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A  REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED ITS  ESSENTIAL PURPOSE. 

BY USING THE SITE, YOU EXPRESSLY WAIVE ANY RIGHT TO SEEK OR RECOVER  STATUTORY, PUNITIVE, OR EXEMPLARY DAMAGES IN CONNECTION WITH ANY  CLAIM RELATED TO THE SITE, THESE TERMS, OR THE PRIVACY POLICY, TO THE  MAXIMUM EXTENT PERMITTED BY LAW.

9. Indemnification 

You shall indemnify, defend, and hold harmless the RotoBaller Parties from and against  any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site; (b) your User Content; (c) your  violation of these Terms; or (d) your violation of any law or the rights of any third party.  RotoBaller may assume exclusive control of the defense of any claim subject to  indemnification, at your expense.

10. Dispute Resolution 

10.1 Governing Law 

These Terms, and any dispute or claim arising out of or related to these Terms, the Site, or  the Privacy Policy (including disputes related to data collection, tracking technologies, or  privacy practices), are governed by and construed in accordance with the laws of the State  of New York, without regard to its conflict-of-law principles. 

10.2 Exclusive Jurisdiction and Venue 

Any dispute, claim, or cause of action arising out of or related to these Terms, the  Site, or the Privacy Policy shall be brought exclusively in the state or federal  courts located in Kings County (Brooklyn), New York. You irrevocably consent to the  exclusive jurisdiction and venue of those courts and waive any objection based on  inconvenient forum or lack of jurisdiction. You agree that this forum-selection clause  applies to all claims, including claims arising under federal or state privacy,  wiretapping, data protection, or consumer protection statutes. 

10.3 Pre-Suit Notice Requirement 

Before filing any lawsuit or other proceeding against RotoBaller, you shall first send a  written notice of dispute (a “Notice”) to RotoBaller LLC, Attn: Legal Department, 31 Howard Street, New York, NY, 10013, describing the claim in detail, including your name, contact information, the  specific facts giving rise to the claim, and the relief sought. You and RotoBaller shall  attempt in good faith to resolve the dispute informally within 60 days after the Notice is  received. If the dispute is not resolved within 60 days, either party may commence  litigation in accordance with Section 10.2. 

10.4 Class Action Waiver 

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE  CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS,  CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to  participate in a class action lawsuit or class-wide arbitration against the RotoBaller  Parties. If any court or arbitrator determines that this class action waiver is unenforceable  as to a particular claim or request for relief, then that claim or request for relief shall be  severed, and the remaining claims shall proceed on an individual basis. 

10.5 Limitation Period 

You shall commence any claim or cause of action arising out of or related to these Terms,  the Site, or the Privacy Policy within one year after the claim arises. Any claim not  brought within one year of accrual is permanently barred. This limitation period  applies regardless of whether you knew or should have known of the basis for the claim. 

10.6 Attorneys’ Fees 

If either party commences litigation to enforce these Terms or arising out of the use of the  Site, the substantially prevailing party shall be awarded its reasonable attorneys’ fees and  costs from the non-prevailing party. In addition, if you bring a claim against RotoBaller and  the court determines that the claim is frivolous, brought in bad faith, or is otherwise subject  to sanctions under applicable law or court rules, you shall pay RotoBaller’s reasonable  attorneys’ fees and costs incurred in defending against the claim.

11. Copyright Policy (DMCA) 

RotoBaller respects the intellectual property rights of others and expects its users to do the  same. We will respond to notices of alleged copyright infringement that comply with the  Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512. If you believe that content on  the Site infringes your copyright, please send a written notice to our designated agent: 

RotoBaller LLC 

Attn: Copyright Agent 

31 Howard Street, New York, NY, 10013

Email: [email protected] 

Your notice shall include all information required by 17 U.S.C. § 512(c)(3). RotoBaller will  remove infringing content upon receipt of a valid notice. RotoBaller may terminate the  accounts of repeat infringers.

12. Mobile Application 

12.1 License Grant 

If you download and use any RotoBaller mobile application (the “App”), we grant you a  limited, non-exclusive, non-transferable, revocable license to install and use the App on a  mobile device that you own or control, solely for your personal, non-commercial use, subject  to these Terms. 

12.2 Restrictions 

You shall not: (a) copy, modify, or create derivative works of the App; (b) reverse engineer,  decompile, or disassemble the App; (c) rent, lease, lend, sell, or sublicense the App; (d)  remove any proprietary notices from the App; or (e) use the App in any manner that  violates these Terms or applicable law. 

12.3 Updates 

We may release updates to the App from time to time. We may require you to install  updates to continue using the App. The App may also automatically download and install  updates without prior notice. 

12.4 App Store Terms 

If you download the App from a third-party app store (such as the Apple App Store or  Google Play), you acknowledge and agree that: (a) these Terms are between you and  RotoBaller, not the app store operator; (b) the app store operator has no obligation to  provide maintenance, support, warranty, or other services for the App; and (c) in the event  of any failure of the App to conform to any applicable warranty, you may notify the app  store operator for a refund of the purchase price (if any), and the app store operator has no  other warranty obligation with respect to the App. 

12.5 Data Collection 

The App may collect information from your device, including device identifiers, operating  system version, usage data, and location data (if you enable location services). The App uses  Tracking Technologies as described in Section 1 and our Privacy Policy. By installing and  using the App, you consent to the collection and use of this data.

13. General Provisions 

13.1 Entire Agreement 

These Terms, together with the Privacy Policy, constitute the entire agreement between  you and RotoBaller with respect to the Site and supersede all prior or contemporaneous  agreements relating to the Site. 

13.2 Severability 

If any provision of these Terms is held invalid or unenforceable, that provision will be  enforced to the maximum extent permitted by law, and the remaining provisions will  remain in full force and effect. 

13.3 Waiver 

Our failure to enforce any right or provision of these Terms does not constitute a waiver of  that right or provision. 

13.4 Assignment 

You shall not assign or transfer these Terms or any rights under these Terms without our  prior written consent. We may assign these Terms without restriction.

13.5 Survival 

Sections 1 (Consent to Data Collection), 3 (Intellectual Property), 4 (User Content), 7  (Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), 10 (Dispute Resolution), and  13 (General Provisions) survive termination of these Terms. 

13.6 Contact Information 

For questions about these Terms, contact us at: 

RotoBaller LLC 

31 Howard Street, New York, NY, 10013,

Email: [email protected]