Terms & Conditions

DATE OF LAST UPDATE: 1 May 2016

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

These Terms govern the use by you, the end user (the “User“), whether as a visitor or as a holder of a registered account (“Account“), of the service provided by FLIP Sports Limited, who has its address at 24 Greville Street, London EC1N 8SS (the “Operator“) and available through the Brazil Fantasy Fever App (the “App“) howsoever accessed and constitute a legally binding agreement between the two parties.

1. ACCEPTANCE OF TERMS

This Agreement contains the comprehensive and complete Terms which govern the use of the App by Users. Throughout this agreement, terms such as “our”, “we”, “us” shall refer to the Operator, while the terms “you”, “yours” and “your” will refer to the User.

By accessing and using the App you are indicating that you understand and accept these Terms. You may not access or use the App if you do not accept the Terms.

By accessing and using the App, you agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these Terms and is happy for you to use the App.

If any laws applicable to you restrict or prohibit you from playing the App, you must comply with those legal restrictions or, if applicable, stop accessing and/or playing the App.

2. OTHER POLICIES AND RULES

Acceptance of these Terms entails your deemed acceptance of (i) the Privacy Policy, as may be updated from time to time in our sole discretion; and (ii) Apple’s Licensed Application End User License Agreement if applicable, which by reference are incorporated within these Terms.

These Terms apply to:

(a) the real-time fantasy football game and any other games made available in or through the App (“Game“);

(b) content, materials, data, information, documents, graphics and images made available in or through the App (“Content“);

(c) any content, materials, information or documents that you may upload (including any comments that you send or post to any message boards) in or through the App (“Postings“); and

(d) any software that you may need to download and/or use in order to use the App (“Software“).

3. CHANGES TO THE TERMS

We reserve the right to periodically update, modify or amend these Terms (and any additional rules or policies). All such revisions, upon being posted in the App, on the relevant App Store applicable to your device or on our website found at www.flipsports.com (the “Website”) shall take effect immediately. Continued use of the App following any such posting shall constitute acceptance of the revisions or changes.

4. ACCESS TO SERVICES

Subject to your acceptance of these Terms, we grant you a non-exclusive, non-transferable, revocable limited license to use the App for your personal, non-commercial use by any device(s) of which you are the primary user. You agree not to use the App for any other purpose, or to copy, distribute, trade or resell the App, any Content, Posting or Software for any purpose.

You are required to have the most recent version of the App on your mobile handset in order to use the App. The App may only be acquired via the official channels authorised by us. You are responsible for the internet connection and/or mobile charges that you may incur in using the App. You should ask your mobile operator if you are unsure what these charges will be, before you play.

Access to the App is permitted on a temporary basis, and we reserve the right to withdraw or amend the App without notice. The App is updated regularly, and may change at any time. You acknowledge and agree that the specific form and/or nature of the App or any of its services may change from time to time without prior notice at our sole discretion. We will not be liable if for any reason the App is unavailable at any time or for any period.

We may terminate your Account, delete any Content and/or prohibit you from using or accessing the App (or any portion, aspect or feature of the App) for any reason, at any time in our sole discretion.

5. REGISTRATION INFORMATION

During the process of creating an account to access the App (“Account“), you will be required to select a username and password or to allow us to access your account information from a social network service (“Login Information”). The following rules govern the security of your Account and Login Information:

  • You agree that you shall take all steps necessary to protect your Login Information and keep them secret. You agree that you shall not give your Login Information to anyone else or allow anyone else to use your Login Information or Account.
  • If you fail to keep your Login Information secret, or if you share your Login Information or Account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorised purchases) and agree to fully compensate us for any losses or harm that may result.
  • We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your Account and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
  • In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify us.
  • We reserve the right to delete your Account if no activity is conducted by you in relation to the Account for 180 days or more. In such event, you will no longer be able to access and/or use any Coins (as defined below) associated with that Account and no refund will be offered to you in relation to the same.

Any personal information you provide to us when creating or updating your Account, which may include your name, birth date and e-mail address, will be held and used in accordance with the Privacy Policy. You agree that you will supply accurate and complete information to us, and that you will update that information promptly if it changes.

6. VIRTUAL CURRENCY

The App may include an opportunity to purchase virtual, in-game currency or other items (“Coins”) that may require you to pay a fee using real money to obtain the Coins. Your purchase of Coins is final and is not refundable. Coins can never be redeemed for real money, goods, or any other item of monetary value from us or any other party. You also agree that you will only obtain Coins from us, and not from any third party.

You must be at least 18 years old to buy Coins from us for real money. Coins may only be held by legal residents of countries where access to and use of the App is permitted.

You do not own Coins but instead you purchase a limited personal revocable licence to use them. When you purchase a licence from us to use Coins, the performance of our services begins immediately once your purchase is complete. Any Coin balance does not reflect any stored value. It is strictly and expressly forbidden to trade Coins for monetary exchange or transfers for any value. Such activity will result in immediate termination of your Account at our sole and ultimate discretion.

We retain the right to manage, control, modify and/or eliminate Coins or any other form of virtual currency at our sole discretion. Prices and availability of Coins are subject to change without notice.

7. CONTENT

The data used in the App is provided by leading sports data provider, Opta Sports Data Limited (“Opta“). We use Opta data to generate the live scoring fantasy point scores in the Game (“Fantasy Points“). Fantasy Points will be based solely on the data provided by Opta and no correspondence will be entered in to in relation to the same.

Whilst we make every attempt to ensure that any Content used in the App, including Opta data and Fantasy Points, is accurate, such Content is subject to error and may not always be 100% accurate. Content in the App may therefore vary significantly from content in relation to the same event on other media sources. In agreeing to these Terms you expressly acknowledge and agree that Content may be inaccurate and subject to error, which may in turn affect the outcome of the result of any Game. You further agree that under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available in or through the App.

In the event there has been an error made in Fantasy Points during a Game and that error has come to our attention, we shall use our reasonable endeavours to correct the Fantasy Points during the course of the Game. However, no corrections or amendments will be made to Fantasy Points after the result of a Game has been settled and such result shall be final and binding on you.

We reserve the right at our sole discretion to withdraw or void any Game for any reason including, but not limited to, where (i) there is a technological failure or human error; (ii) any match to which the Game relates has been postponed or cancelled; (iii) we suspect that you have or may have breached any of these Terms.

8. RESPONSIBLE CONDUCT

The App is intended solely for recreational and entertainment purposes. You are only entitled to hold one Account. If you are found to have attempted to open duplicate accounts, we reserve the right to immediately terminate or deny you access to your Accounts.

If, in our reasonable discretion, we determine that you have engaged in fraudulent, unlawful, or dishonest behaviour or any activity in bad faith (including, without limitation, the provision of false or deliberately misleading information or collusion with other users to manipulate Game results), we reserve the right to immediately terminate or deny you access to your Account.

You are strictly forbidden from using any form of artificial intelligence including, without limitation, automated software or programs (“Bots”). Anyone that we believe to be operating Bots will have their Account closed.

As a condition of your use of and access to the App, you agree to comply with the following usage rules, which are provided as an example rather than as a limitation:

  • You agree not to upload, communicate, transmit or otherwise make available any Posting or Content that includes any offensive comments that: are connected to race, national origin, gender, sexual preference or physical disability; include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language; defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone; promote violence or describe how to perform a violent act;
violate the contractual, personal, intellectual property or other rights of any party, promote or constitute illegal activity; or violate these Terms.
  • You and your activities in the App will not: reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual; attempt to impersonate any other party; trick, defraud or mislead us or any other users, especially in any attempt to learn sensitive account information such as passwords; make improper use of our support services or submit false reports of abuse or misconduct; disparage, tarnish, or otherwise harm, in our sole opinion, us or the App; disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; copy or adapt the Software including but not limited to Flash, PHP, HTML, JavaScript or other code; reverse engineer, decompile, reverse assemble, modify or attempt to discover any Software (source code or object code) or other products or processes accessible through the App; upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”); interfere with or circumvent any security feature of the App or any feature that restricts or enforces limitations on use of or access to the App.

We do not control or endorse the content, messages or information found in Postings or external sites that may be linked to or from the App and, therefore, we specifically disclaim any responsibility with regard thereto.

We have the right to remove Content or Postings from the App if we decide in our sole discretion that it results in or from a breach of any part of these Terms. However, you acknowledge that we do not actively monitor Content or Postings and we make no undertaking to do so.

You are solely responsible for your interactions with other users of the App. By accessing and/or playing the App, you agree to your display name, scores, and other related details being displayed to other users. You also understand and agree that other users may find you by searching for you with your username or email address. Please note that we will only show your display name publically, and not your email address; another user must know your email address themselves in order to search for you.

Please note that the App may allow you to contact others via SMS text message. Any text messages sent via the App are subject to the rules of your mobile network carrier and will be charged at your standard network rate.

9. LIMITATION OF LIABILITY

We do not accept any liability for any damages, liabilities or losses which are deemed or alleged to have arisen out of or in connection with the App or its content (including delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person’s misuse of the App or its content or any errors or omissions in content).

While we endeavour to ensure that any information within the App is correct, we do not warrant the accuracy or completeness of the information and materials in the App. The App may contain typographical errors or other inaccuracies, or information that is out of date. We are under no obligation to update such material. The information and materials in the App are provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the App on the basis that we exclude all representations, express or implied warranties, conditions and other terms which, but for these Terms, might have effect in relation to the App.

We shall not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for any of the following (whether incurred directly or indirectly):

a loss of profits;

b loss of business;

c loss of revenue;

d loss of opportunity;

e loss of data;

f injury or death

g loss of goodwill or reputation; or

h any special, indirect or consequential losses, whether or not such losses were within the contemplation of the parties at the date of these Terms.

THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE APP OR ANY LINKS IN THE APP, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE APP OR ANY LINKS IN THE APP. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Nothing in these Terms shall exclude or limit our liability for:

i death or personal injury caused by the User’s negligence;

ii fraud or fraudulent misrepresentation; or

iii any liability which cannot be excluded or limited under applicable law.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer or limitation of liability may not apply to the extent such jurisdiction’s law is applicable to these Terms.

10. INDEMNIFICATION

By using the App, you automatically accept and agree to indemnify and hold us, and each of our directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with: (i) your use of and access to the App; (ii) your violation of any term of these Terms;
(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that a Posting made by you has caused damage to a third party; or (v) any Posting you post or share on or through the App.

11. INTELLECTUAL PROPERTY RIGHTS

By using the App you are hereby acknowledging all rights, titles and interests in and to the App, including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement, belong or are licensed to us and that you will not acquire any right, title or interests in or to the App except as expressly set forth in this Agreement.

12. DISCLAIMERS

YOUR USE OF APP IS AT YOUR SOLE RISK. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE APP OR ANY FEATURE OR PART THEREOF AT ANY TIME. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS IN OR MADE AVAILABLE THROUGH THE APP ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE APP WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APP WILL BE SECURE; THAT THE APP WILL BE VIRUS-FREE; OR THAT INFORMATION IN OR MADE AVAILABLE THROUGH THE APP WILL BE COMPLETE, ACCURATE OR TIMELY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR IN OR MADE AVAILABLE THROUGH THE APP SHALL CREATE ANY WARRANTY OF ANY KIND. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN OR MADE AVAILABLE THROUGH THE APP IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

YOU UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS AND ADVERTISERS SHALL NOT BE LIABLE FOR ANY PUNITIVE, COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) THE USE OR INABILITY TO USE THE MATERIALS IN OR MADE AVAILABLE THROUGH THE APP; (B) UNAUTHORISED AND OR ILLEGAL ACCESS TO DATA; AND (C) ILLEGAL REPRODUCTION OF COPYRIGHTED MATERIALS.

13. BREACH OF TERMS AND TERMINATION

If you breach any of your obligations under these Terms, we reserve the right to immediately suspend or terminate your Account.

In such circumstances, you will lose any Coins that you may have and we will not compensate you for this loss or make any refund to you.

14. DISPUTE HANDLING

Should you have any dispute or cause of complaint in relation to the App, you must submit your complaint by contacting info@flipsports.com

If you are a User in the United States, the following shall apply if any dispute between you and us cannot be resolved:

(a) ARBITRATION. YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND US AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE APP, THE USE OR ACCESS THEREOF, OR THESE TERMS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. BECAUSE THE APP PROVIDED BY US CONCERNS INTERSTATE COMMERCE, THE U.S. FEDERAL ARBITRATION ACT (“FAA”) GOVERNS THE ARBITRABILITY OF ALL DISPUTES. THE ARBITRATION SHALL TAKE PLACE IN LOS ANGELES, CALIFORNIA. USA. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH TITLE 9 OF THE US CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAA’S COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED). YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.

(b) NO CLASS ACTIONS. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

15. JURISDICTION AND APPLICABLE LAW

These Terms are governed by the laws of England and Wales. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.