Terms & Conditions

TERMS AND CONDITIONS

Please carefully read the following official Terms and Conditions ("Terms"). By registering for, accessing, browsing, or using www.eurofantasyleague.com (the "Site"), you acknowledge that you have read, and understood the following rules, terms of service and conditions, including any additional guidelnes and agree to all of them. These rules, terms of service and conditions are subject to modification before the beginning of the World Cup Tournament, at the discretion of the Sponsor, and during the World Cup Tournament if necessary in the opinion of the Sponsor due to changes in law or official interpretation of law, or any of the extraordinary circumstances set out in these rules. If at any time you do not agree to these Terms, please immediately terminate your use of the Site.

The following Terms for the Site form a legal contract between you, an individual Participant ("You" or "Participant"), and Global Multimedia, LLC, ("Global," or sometimes, the "Sponsor" or "we"), owner of the Site and sponsor of the Game, regarding your use of the Site and the rules for playing the fantasy World Cup football (i.e. soccer game ("Game"). These rules, terms and conditions were last updated on June 2, 2014. If we make changes to them, we will post a notice on the Site informing you of the changes made. Periodically, please check the Site for such changes. Your continued use of the site after such changes are announced will constitute your acceptance of the changes.

1. Overview.

The Game (defined below) is a fantasy sports contest involving hypothetical teams in which no fantasy sports team is based on the current membership of an actual team that is a member of an amateur or professional sports organization.

If you believe that a user of the Site is displaying content to which you own the copyright or trademark right, please refer to the Copyright Policy at the end of this document. The registered Participant shall be deemed to have taken any and all actions with respect to such Participant's account.

THESE TERMS REQUIRE THAT YOU ARBITRATE ANY CLAIMS ARISING UNDER THEM OR PERTAINING TO THE GAME. PLEASE SEE BELOW FOR DETAILED INFORMATION CONCERNING YOUR ARBITRATION OBLIGATIONS.

2. The Game.

The Game is a skill-based fantasy European football i.e. soccer ("football") game. The Game is based on points that a Participant will accumulate based upon player performance statistics developed during the World Cup Tournament by members of the national team.

All references to "your Game" or "Participant's Game" in these Terms and Conditions refer to either the Standard Game or the Draft Game.

The Sponsor offers a Standard Game and Draft Game. In both Games, you form your fantasy team from players who are members of National Teams participating in the Football World Cup Tournament. In the Standard Game, your fantasy team competes against all of the other teams in the Game. If you enter a Standard Game, your fantasy team's score at the end of the season is compared to the scores of all of the other fantasy teams in your Standard Game to determine the ranking on which winners are designated according to these rules. If you enter a Draft Game, your fantasy team's score at the end of the season is compared to the scores of all of the other fantasy teams in your Draft Conference to determine the ranking on which winners are based according to these rules.

The Sponsor also conducts Mini-League Games. A Mini-League is a private competition in which you agree with people you know, which fantasy teams and "owners" of the teams you will compete against. A Mini-League may have as many fantasy teams as the person who establishes your Mini-League determines. 

Scoring for all games is based on the performance of individual players in the World Cup Tournament, depending on (1) whether you join the Game at the beginning of the Tournament or after the World Cup Tournament has officially commenced and/or (ii) whether an individual player remains on your team for the complete World Cup Tournament or for only part of it.

The Standard Game allows participants to compete against all other Participants and to join Mini-Leagues so as to compete against others in the same Mini-League. The Draft Game is a game in which Participants list their favorite players and compete against other Participants in the same Draft Conference. The Participant's team is automatically created based on the availability of players from the Participant's list. Therefore, each Participant's team in the Draft Game is comprised of a unique set of football players.

The sanctioning body of football is FIFA. You can find the rules that generally govern football competitions on the sanctioning body's web site: www.FIFA.com.

3. Playing the Standard Game.

To play the Standard Game in which you have chosen to participate, you must first select your fantasy team from among the eligible players listed on the Site. Following registration you as the fantasy team "owner/manager" are allocated virtual "Euros" (that is, play money without actual currency value) with which to "pay" the "Value" of the players whom you select for your fantasy team. Your team's budget is €N/A million.

The list of eligible players shows the "Value" allocated to each player. When you select a player, the player's full "Value" is deducted from your allocated budget, regardless of at which point during the World Cup Tournament you obtain the player. However, if you release a player, your team's budget will be credited back the player's full "Value", regardless of how long the player was a member of your fantasy team.

The rules of the player selection are as follows:

1) You must select a fantasy team of fourteen players - no more, no less.

2) Your fourteen-player fantasy team must be comprised of strikers, midfielders, defenders, at least one goalkeeper, and three substitutes as defined below. For each match, you as the fantasy team's manager may determine at any time before the match which player will participate in the match, and who will be on the bench. You cannot make a substitution within five minutes before the match begins or during the match.

3) The membership of your fantasy team's Starting XI must include:

a) One goalkeeper,
b) At least 3 defenders,
c) At least 3 midfielders,
d) No more than three strikers.

4) Your fantasy team cannot be identical to that of any other Participant in your Game. If you should select a fantasy team that another Participant has already selected, your selection will be blocked. You will need to change one or more players until you have a team that no other Participant has already selected. Teams are selected on a "first-come, first-serve" basis.

5) Your fantasy team cannot be identical to any real-life football club.

6) Your fantasy team in any Game may have no more than 3 players from any one football club.

Two times during the World Cup Tournament, you will be allowed to transfer (replace) up to 5 players who are members of your fantasy team through Transfer Windows. The transfers take effect once the Transfer Window is closed. The Transfer Window dates are:

Transfer Window One: opens at 18:00 UTC on June 26th, 2014 and closes at 9:00 AM UTC on June 28th, 2014

Transfer Window Two: opens at 18:00 UTC on July 1st, 2014 and closes at 9:00 AM UTC on July 4th, 2014

During any Transfer Window (a period when replacing players is allowed) you may transfer no more than five players. You do not trade with other Participants in your Game. Rather, you make a transfer by releasing a player who is a member of your fantasy team and selecting another player from the list of available players. When you release a player, all of the player's "Value" is credited back to your allocated budget. When you select another player, that player's entire value is deducted from your allocated budget. The same restrictions that apply to the initial player selection (above) also apply to trades during the season. Accordingly, you may not make any trade that would result in your having a fantasy team that violates any of the rules.

You must give a name to your fantasy team. These restrictions apply to the permitted names of fantasy teams.

1) It cannot have the same name as another team entered in any Game.

2) It cannot be or include the name of a professional sports team or professional athlete.

3) It cannot include a trademark unless you own the trademark.

4) It cannot infringe upon the right of privacy or right of publicity of any person, living or dead.

5) It cannot include profanity or any word, term or phrase that in the Sponsor's sole opinion is likely to be offensive or inconsistent with community standards in any country where the Game is available.

The score achieved by your fantasy team is the sum of points awarded to the individual players of your fantasy team, based on each player's actual performance in real-world matches. The Sponsor will maintain a table for each Participant's team that lists that team's players, their names, their positions, their clubs, their values and the points they earned for the Month and Overall. The Sponsor updates these lists after matches are played and after receiving results from OPTA. If corrections or adjustments are made by the sport's governing body or by OPTA, the results will be reflected on these lists. These corrections or adjustments may result from, among other things, a change in the ruling of which player received a credit for a particular action or the ruling of a particular event, if altered. Global shall in no way be responsible for any delays or inconsistencies in any such changes or any errors in points awarded to players, whether the source of these changes and/or errors is the Game, the Site, or any other source.

Points are awarded to individual players on your team for the following accomplishments in each match, but only for matches in which the player is in your starting lineup and actually plays in the match.

Point awards are based on real-world results provided to Global by OPTA (http://www.optasports.com).

Tie scores between fantasy teams are resolved in the following order of priority:

1) Number of goals scored by players on a fantasy team for which the Participant's team received points,

2) Number of assists by players on a fantasy team, for which the Participant's team received points,

3) Net points of all goalkeepers on a fantasy team for which the Participant's team received or lost points.

4. Playing the Draft Game.

The objective of the Draft Game is the same as the Standard Game, namely to manage a team of 14 players to obtain the maximum number of points possible. Unlike the Standard Game, the Draft Game sets up a conference of up to 6 Participants. You compete only against these Participants. You can either create a Draft Conference or join an existing one if you have been invited to do so by the creator. Once you have done so, you will be asked to list your favorite players in order of preference by position. All the other Participants in the Draft Conference must do the same prior to the Draft Cut-off Date, which is 4 days after the creation of the Draft Conference. If you are creating a Draft Conference, you will be given the option to choose how many Participants you wish to invite to play with you (up to 6). On the cut-off date, the game automatically and randomly selects your team, ensuring that all your players are different from those on any other team in your Draft Conference.

Your team will have 11 starters and 3 bench players. Your team setup will be similar to that of the Standard Game. Although you will not have any budgetary restrictions, your players will earn points in the same manner described in the Standard Game. You will have the same transfer windows as those offered to the Standard Game players and be subject to the same restrictions. You will also have the same Team naming restriction.

5. Message Boards; Content.

The Sponsor provides message boards for Participants in the Mini-League part of the Standard Game and Draft Game. Message boards are not monitored but the Sponsor reserves the right to do so. The content of messages that Participants post on these message boards is subject to the following mandatory guidelines and deletion at the sole discretion of the Sponsor or (if the Sponsor concurs) upon the reasonable request of a Participant.

Inappropriate message board content which is subject to deletion includes and is not limited to (i) strong expletives, (ii) hate speech, (iii) crude or explicit sexual references, (iv) messages pertaining to illegal drugs, (v) strong language generally considered offensive (including without limitation, references to a particular race or nationality, sexual orientation, gender, etc.), (vi) incitation to illegal violence or criminal activity, (vii) threatening or abusive content, (viii) defamatory statements pertaining to any juridical or natural person, (ix) infringing material and (x) content which in the opinion of the Sponsor is inconsistent with the legitimate conduct of the Game. Also subject to deletion is any message board content that in the Sponsor's sole opinion is speech that would not normally be acceptable in a room full of strangers or in the work place.

The Sponsor cannot monitor all message board content and will not attempt to do so. If any message board Participant encounters content that the Participant believes should be deleted or believes is inconsistent with these rules, the Participant can report it to the Sponsor at admin@eurofantasyleague.com.

The Sponsor does not pre-screen or filter all content that Participants post on message boards or endorse or otherwise approve any such content or any opinions expressed in it. The Sponsor reserves the right to remove message board content for any reason whatsoever, including and not limited to content which in the Sponsor's sole opinion is inconsistent with these rules. Neither the Sponsor nor any affiliate or employee of the Sponsor assumes any liability for message board content or for any failure to remove message board content or delay in removing it. Participants who post content on Sponsor-provided message boards, by so doing, assume full personal responsibility for the lawfulness, completeness, accuracy, usefulness and compliance with these rules, of all such content. Any Participant posting content shall indemnify, reimburse and hold Sponsor harmless from any and all damages, losses, liability and costs (including without limitation attorney feed and court costs) arising from, based upon or in connection with the posted content or such Participant's use of the Site.

6. Third-Party Sites.

The Sponsor may provide links to third-party web sites that the Sponsor does not operate, control or influence ("Third-Party Sites"). Such links are provided solely for the convenience of Participants in the Game. Some Third-Party Sites may be helpful to Participants in their timely accessing of player performance and league information that the Participant may use in connection with the Game. Other Third-Party Sites may include advertisers and other content providers. Some Third-Party Sites may solicit personal information from you or otherwise collect information and may have privacy policies that differ from the Sponsor's privacy policy (or may have no privacy policy at all). The Sponsor disclaims the accuracy and completeness of all information sourced from Third-Party Sites. The Sponsor disclaims and shall not be responsible (and the Participant agrees that the Sponsor shall not be responsible) for any Third-Party Site, including, without limitation, the content, privacy policies, or collection, use or disclosure of any personal information about you without your consent (all) of Third-Party Sites. By accessing a Third-Party Site via a link that the Sponsor provides, you accept the full risk of using the Third-Party Site. GLOBAL MULTIMEDIA, LLC IS NOT RESPONSIBLE FOR COOKIES, WEB BEACONS, CLEAR GLIFS OR OTHER CODE THAT YOU OR OTHERS PLACE ON YOUR COMPUTER IN ANY WAY, INCLUDING ANY ASSOCIATION OF THE SITE WITH SUCH CODE. THE INCLUSION OF ANY LINK DOES NOT IMPLY ANY ENDORSEMENTS OR RECOMMENDATIONS BY THE SITE OR THE SPONSOR TO BY THE THIRD-PARTY SITE'S OR BY SUCH SITES' RESPECTIVE OWNERS OR OPERATORS.

7. Ownership and Use of Trade Marks, Copyright and Other Rights.

Content shown on the Sponsor's web site includes trademarks and copyrighted materials (including software) owned by the Sponsor or third parties, or as may apply, owned by third parties and licensed to the Sponsor or others. Content shown on Third-Party Sites accessible via a link provided on the Sponsor's web site includes trademarks and copyrighted materials (including software) owned by or licensed to the operator of the Third-Party Site. Some of this content includes the names and logos of clubs, leagues and sanctioning bodies and the names, photographs and likenesses of athletes and other public figures and such persons' rights of publicity. No downloading or copying of any content by Participants is allowed and no ownership or license rights are granted to any Participants or any other entity. All right, title and interest shall remain with and is reserved to its owner. By your act of registration, you have agreed not to download, copy, modify or otherwise use any property that is not your own. A Participant who downloads or copies such content is subject to termination of the Participant's registration with the Sponsor and termination of all rights in respect to the Game. Any copying or downloading by any entity will be considered an infringement or other offense under applicable law, exposing the infringer or offender to criminal and civil penalties. It is the Sponsor's policy to cooperate with all investigations of infringement or unlawful copying or other use of content, conducted by governmental agencies or the owners of rights. Participant and any other entities will indemnify, reimburse, and hold Sponsor harmless from any and all damages, losses, liabilities and costs (including without limitation attorney's fees and court costs) arising from, based upon or in connection with any (i) claims alleging that action of the Participant have or have resulted in the infringement of any third-party rights, or (ii) the Participant has violated any of these Terms and Conditions.

Your act of posting or sending any content to the Sponsor constitutes your warranty that you have the right to do so and that such content does not infringe any other person's rights. Your act further constitutes your irrevocable grant to the Sponsor of the complete right to publicly display, use, communicate, perform, quote, modify and broadcast such content, anywhere in the world, with or without attribution and without notice or compensation.

8. Other Terms and Conditions.

All Participants release the Sponsor, together with all other businesses and persons involved with the conduct of the Game, as well as their owners, directors, officers and agents, from all claims and liability related to participation in the Game. YOU HEREBY AGREE NOT TO BRING, AND HEREBY WAIVE ANY CLAIM, SUIT, ACTION OR PROCEEDING AGAINST ANY SPONSOR ARISING FROM YOUR USE OF THE SITE, AND HEREBY EXPRESSLY RELEASE SPONSORS FROM LIABILITY FOR ANY DAMAGES INCURRED THROUGH YOUR USE OF THE SITE, AND HEREBY WAIVE ANY RIGHT TO RECEIVE AND/OR ANY RIGHT TO COLLECT DAMAGES OR COMPENSATION OF ANY KIND. Any materials or communications of, by or for the Sponsor, including notices and writings in any form that contains an error (printing, human, technical or other) shall be deemed null and void. Malfunction of software or electronic equipment associated with the Game, voids all play on it. Winners may be required, at the sole discretion of the Sponsor, to sign and return an affidavit or declaration of eligibility/liability release and indemnity and where legally permissible, a publicity release (all in form acceptable to the Sponsor).

Resolution of all claims by Participants related to the Game shall be determined according to the law of the State of Maryland, United States of America, except that the conflict of law rules of Maryland shall not be applied so as to require reference to the law of any sovereign other than Maryland, including any jurisdiction outside of the United States.

All disputes, claims, or controversies arising out of or relating to these Rules, Terms and Conditions or the Site, that are not resolved by mutual agreement, shall on the notice of either party be resolved by binding arbitration to be conducted before JAMS or its successor. You expressly acknowledge and agree that you may not bring any type of legal action against the Sponsor or relating to the Site other than pursuant to an arbitration consistent with this section and hereby waive any right to do so; provided that the foregoing shall not apply to enforcing an arbitration award in a court of competent jurisdiction. Unless otherwise agreed between the parties, arbitration will be held in Bethesda, Maryland before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator approved by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in accordance with these Terms. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator's decision and award shall be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator shall not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing party) against any party to a proceeding. Any party refusing to comply with an order of the arbitrator will be liable for costs and expenses, including attorneys' fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

All causes of action or lawsuits in any way arising out of or connected with the conduct of the Games or any of them shall be resolved individually without resort to any form of class action litigation. Recovery against the Sponsor, the Sponsor's affiliates and the owners, officers, employees or agents of any of them, as to such causes of action, lawsuits or claims related to them, shall in any event be limited to actual out-of-pocket expenses incurred.

9. Privacy Policy.

Your use of the Site is subject to the terms of our Privacy Policy. The Policy is not incorporated into these terms by reference; however, by assenting to these terms you consent to the use of your Personal Information collected from you as described therein. Please read our Privacy Policy in full before using the Site.

10. Limitations on Liability and on Warranty.

YOU AGREE EXPRESSLY THAT YOUR USE OF ANY FACILITIES, SERVICES AND PRODUCTS PROVIDED BY THE SPONSOR AND YOUR USE OF THE INTERNET IS AT YOUR SOLE AND ASSUMED RISK. THESE FACILITIES, SERVICES AND PRODUCTS ARE PROVIDED ON THE BASIS OF "AS IS" AND "AS AVAILABLE WITHOUT EXPRESS WARRANTY, WITHOUT IMPLIED WARRANTY, AND WITHOUT FITNESS FOR ANY PARTICULAR PURPOSE, SUBJECT ONLY TO LAWS THAT RENDER A WARRANTY LEGALLY INCAPABLE OF EXCLUSION, BUT ONLY TO THE EXTENT OF SUCH LAW'S REQUIREMENT. THE SPONSOR PROVIDES THE GAME AND THE SERVICES OF eurofantasyleague.com ONLY AS MAY BE COMMERCIALLY REASONABLE. THE SPONSOR DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE OF eurofantasyleague.com AT TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT THE SPONSOR WILL HAVE ADEQUATE CAPACITY AS A WHOLE OR IN ANY COUNTRY OR STATE.

11. Paragraph and Section Headings.

In these rules, paragraph and section headings are not intended to affect content or meaning. Headings do not imply that a subject indicated by the heading is addressed only under one heading. Rather, headings are no more than a convenience to aid the reader in reviewing these rules as a whole.

12. Export Control.

Use of this site involves products and/or technical data that is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be export or import regulations of other countries. By using any software from this Site, you are agreeing to comply strictly with all such regulations and acknowledge and agree that (i) you have the responsibility to obtain licenses to export, re-export, or import such products and/or technical data, (ii) you are not located in a country (a) where such export from the united States would be prohibited by United States law or (b) United States embargoed countries, and (iii) you are not on the united States' Department of Commerce Denied Persons List or Entity List, and that you have reviewed such lists to confirm the same.

13. Copyright Policy.

Copyright Complaints: Global Multimedia respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Global Multimedia of your infringement claim in accordance with the procedure below.

As set forth in our Copyright policy, Global multimedia will process and investigate notices of alleged infringement and will take appropriate actions under the United States Digital Millennium Copyright Act ("DMCA") and other applicable intellectual Property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Global Multimedia's Copyright Agent at: admin@eurofantasyteam.com (Subject Line: "DMCA Takedown Request"). You may also contact us at:

Global Multimedia, LLC
P.O. Box 5851
Bethesda, MD 20824
USA

To be effective, the notification must be in writing and contain the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed:
3. A description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
4. Your address, telephone number and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright to intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright agent:

1. Your physical or electronic signature;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the District of Maryland, United States of America and a statement that you will accept service of process of that court upon the suit of the person who provided notification of the alleged infringement.

In the arbitration paragraph, shouldn't there be a carve-out for this procedure?

If a counter-notice is received by the Copyright Agent, Global Multimedia, LLC will send a copy of the counter-notice to the original complaining party informing that person that the Sponsor may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer policy: In accordance with the DMCA and other applicable law, Global Multimedia, LLC has adopted a policy of terminating, in appropriate circumstances and at Global's sole discretion, users who are deemed to be repeat infringers. Global may also at its sole discretion limit access to the Site and/or terminate the participation of any users (Participants) who infringe any intellectual property rights of others, whether or not there is any repeat infringement.