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Terms of Service

GOAT Terms of Service

 

Effective Date: 10/28/2021

 

Welcome to GOAT! GOAT is a fantasy sports platform that allows you to join, draft, and compete in weekly fantasy sports contests! Before using GOAT, please take some time to carefully read our Terms of Service below (“Terms,” or “Agreement”).  These Terms constitute a binding contract between you and GOAT.

 

  1. Acceptance of Terms

 

By creating an account, using the website located at goatdraft.com (including all the areas available through such website, collectively, the “Site”), downloading the GOAT mobile application (“App”), and/or using the various fantasy sports or information services (collectively, such services, including any new features and applications,  together with the Site and App, the “Services”) offered by GOAT Draft Fantasy LLC, a Texas-based operator, (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors – collectively “GOAT,” “we,” “us,” and/or “our”), or by visiting or browsing the Services, you, the user (collectively “Users,” or “you”), acknowledge and agree to these legally binding Terms. You also agree to the GOAT Privacy Policy (“Privacy Policy”) and all other contest rules, operational rules, policies, and procedures that may be published on the Services by GOAT, which are incorporated by reference.

 

You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services and communications with us, all of which must comply with these Terms. You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement and that you are able to abide by and comply with this Agreement.

 

  1. Modification to this Agreement.

 

GOAT may, at its sole discretion, change these Terms, including the GOAT Privacy Policy, from time to time. If changes to the Terms occur, we will notify you by posting the updated terms on the Site or App, or by email to the email affiliated with your account. Updated versions of the Terms will never apply retroactively and the updated Terms will give the exact date they go into effect. For the avoidance of doubt, ongoing Contests (as further defined below) shall be subject to the version of the Terms that is in effect at the start of the Contest. It is your responsibility to check the Terms periodically for changes. Your continued use of the Services following the posting of any changes to the Terms means you accept those new terms.

 

GOAT reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, database, or Content), whether temporarily or permanently at any time for any reason. You agree that GOAT shall not be liable to your or to any third party for any modification, suspension, or discontinuation of the Services, provided that any ongoing contest shall be cancelled and you will be refunded any applicable entry fee. GOAT may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

 

  1. GOAT Account

 

Creating Your GOAT Account

You may view Content (as further defined below) on the Site or App without registering for an account, but as a condition of using certain aspects of the Services, including entering Contests you are required to create a GOAT account (“Account,” as further defined below). You must be at least eighteen (18) years of age, or the age of majority in your applicable state, to enter any Paid Contests.

 

You represent that the information in your Account and any other information you otherwise provide to us, is accurate, current and complete information, and agree to update it and keep it accurate, current and complete. We reserve the right to suspend or terminate your Account or your access to the Services if any information provided to us proves to be inaccurate, not current, or incomplete.

 

Upon Account creation, you are required to choose a username for yourself and submit it. You may not use a username that promotes a commercial venture or a username that GOAT in its sole discretion deems offensive. GOAT may require you to change your username.

 

You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer/mobile device, and you agree to accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms to allow any other person to use your account to participate in any Contest.  If you discover any unauthorized use of your account, or other known account-related security breach, you must report it to GOAT immediately. You agree that you are responsible for anything that happens through your account until you close your account or prove that your account security was compromised due to no fault of your own. GOAT cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

 

One Account

Each individual user may establish only one (1) Account. For avoidance of doubt, users may not “co-own” accounts on the Service. In the event GOAT discovers that you have opened more than one account, in addition to any other rights that GOAT may have, GOAT reserves the right to suspend or terminate any or all of your accounts and terminate, withhold, or revoke the awarding of any prizes.

 

Purpose of Account

You agree that the sole and specific purpose of creating an account on GOAT is to participate in fantasy sports Contests. GOAT may suspend, limit, or terminate your account if we determine, in our sole discretion, that you are depositing funds without the intention of using them in Contests on the Service. In such circumstances, we may also report such activity to relevant authorities.

 

  1. Eligibility

 

There are restrictions on who may have access to Paid Contests (as further defined below), and where those persons may access the Paid Contests. This Eligibility section applies to Paid Contests.

 

You must also be at least eighteen (18) years of age to participate in Contests or win prizes offered through GOAT Paid Contests. In jurisdictions, territories, and locations where the minimum age for permissible use of Paid Contests is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction or territory. Legal residents physically located in the fifty (50) states and Washington, DC in the United States of America, excluding Hawaii, Idaho, Montana, Nevada, and Washington (the “Excluded States”) are eligible to open an account and participate in Paid Contests offered by GOAT.

 

By depositing money or entering a Paid Contest you are representing and warranting that:

  • you are of 18 years of age or older (or the minimum age for permissible use in your jurisdiction)
  • at the time of deposit or game entry you are physically located in a jurisdiction in which participation in the Contest is not prohibited by applicable law or these Terms;
  • you are not listed on any governmental list of prohibited or restricted parties;
  • you will abide at all times with this Agreement and any other agreements between you and GOAT regarding your use of the Services;
  • when depositing funds or entering a Paid Contests, you are not physically located in of any of the Excluded States;
  • you are not subject to backup withholding tax from any governmental authority;
  • when entering any Contest that awards prizes, you are not an Employee, Immediate Family Member, or operator of GOAT or any other daily fantasy site that charges entrance fees or offers cash prizes; and 
  • you do not, by virtue of affiliation with another daily fantasy site, have access to the site’s pre-release non-public confidential data about Contest-related information.

 

GOAT employees may use the Service for the purpose of testing the user experience, but may not withdraw money or prizes. Relatives of GOAT employees with whom they share a household are not eligible to participate in contests unless they are non-public Contests with other GOAT employees or household members. GOAT consultants or promoters of the Service may play in Contests without such limitation, but only if (i) their arrangement with GOAT does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service and (ii) they do not receive any other advantages in their play on the Service.

 

If GOAT determines that you do not meet the eligibility requirements of this section, then you are not authorized to enter Paid Contests. GOAT may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize. This includes by requesting that you fill out an affidavit of eligibility or other verification information. If GOAT otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that GOAT may have in law or equity, GOAT reserves the right to terminate your account, withhold or revoke the awarding of any prizes associated with your account or limit your ability to withdraw. In such a situation, GOAT may pay out any withheld or revoked prizes to the other entrants in the relevant Contest in a manner consistent with the prize structure of the Contest, to be precisely determined by GOAT in its sole discretion. GOAT also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts.

 

  1. Availability of the Services

 

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time for any reason including, without limitation, system down time for routine maintenance. You further understand that there may be interruptions in service or events on third-party sites that may affect your use of the Services and that are beyond our control to prevent or correct. Interruptions in the Services that are beyond our control shall not serve as a basis to demand a full or partial refund of any prepaid fees.

 

GOAT may limit access, via technological means, to the Services in the Excluded States. If you attempt to deposit money into an Account or play in any Contest in which a prize is awarded while located in an Excluded State, you will be in violation of the law of such Excluded State and these Terms, and subject to having your Account suspended or terminated. You hereby agree that we cannot be held liable if the laws applicable to you result in the restriction or prohibition of your participation.

 

  1. Contests

 

After you create an account, you will be able to visit the Site or App and view games available for entry (“Contests”). It is your responsibility to know and understand the rules and required entry fees for any given Contest. Please note that you must meet all eligibility requirements and otherwise comply with any other applicable rules to be eligible to win a prize. Residents of the Excluded States are not eligible to participate in our Paid Contests.

 

Entry Fee

Paid Contests each have an entry fee listed in US dollars. The entry fee may vary from Contest to Contest. When you choose to enter a Paid Contests and complete the entry process, the requisite entry fee will be debited from your Account upon sign up. No refunds will be issued within one minute of the start of any Contest. If a contest is cancelled prior to running, the contest entry fee is refunded to your Account. Ongoing Contests that are canceled after some Contestants have been eliminated will split the prize pool among the remaining eligible Contestants.

 

Conditions for Entry

To be eligible to enter any Contest or receive any prize, you may be required to provide GOAT with additional documentation and/or information to verify your identity as the account holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an account holder, GOAT will, in its sole and absolute discretion, utilize certain information collected by GOAT to assist in verifying the identity and/or eligibility of such account holder. GOAT reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.

 

GOAT employees (“Employees”) and Immediate Family Members (an “Immediate Family Member” means any domestic partner and relative of the employee who resident at an employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any Paid Contests on GOAT, however, Employees and Immediate Family Members are permitted to play in private, non-public Contests.

 

By entering a Contest, entrants agree to be bound by these rules and the decisions of GOAT, which shall be final and binding in all respects. GOAT, at its sole discretion, may disqualify any entrant from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct or otherwise utilizes any information GOAT deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other entrants. These Terms prohibit entering a Contest if the entrant is:

 

  • Ineligible for a given contest (for example, entering into a beginner when you do not have an account or using multiple accounts to appear as a beginner);
  • Except as otherwise stated in the Eligibility section above, a GOAT Employee or an Immediate Family Member of such employee;
  • An employee or operator of any daily fantasy site including any that charges entrance fees or offers prizes, and any Immediate Family Member of any such person;
  • Accessing or has had access to any pre-release, confidential information or other information that is not available to all other entrants and that provides the entrant an advantage, including any information from any daily fantasy sport site or information from a sport’s governing body (e.g., pre-release injury information) (“Pre-Release Data”);
  • An employee, operator, or consultant to a sport’s governing body where such employee, operator or consultant is prohibited from participating in applicable contests by such governing body;
  • A professional or amateur athlete, sports agent, coach, team owner, team employee, referee or league official or employee, or an immediate family member a professional or amateur athlete, sports agent, coach, team owner, team employee, referee or league official or employee if the contest is in the sport and league in which they are associated; or
  • A person prohibited from participating pursuant to court order.

               

In addition, conduct that would be deemed improper also includes, but is not limited to:

  • Falsifying any personal information required to create an account, to enter a Contest, or claim a prize;
  • Unauthorized use of any third party’s Account;
  • Creating multiple Accounts;
  • Dealing, in any way, with any third party who may be able to influence the outcome of any Contest;
  • Any attempt to tamper with, manipulate or influence the Services, software, or any security measure;
  • Obtaining, by circumventing safeguards or via other unauthorized methods on the Services, non-public information from other entrants;
  • Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Contest or claim a prize;
  • Colluding with any other individual(s) or engaging in any type of syndicate play;
  • Any violation of Contest rules or the Terms;
  • Using a single Account to participate in a Contest on behalf of multiple entrants or otherwise collaborating with others to participate in any Contest;
  • Using automated means (including but not limited to scripts and third-party tools) to interact with the Services in any way;
  • Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Services or of any User for any purpose; or
  • Abusing the Services in any way.

 

Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent GOAT from pursuing criminal or civil proceedings in connection with such conduct.

 

Indemnification for Contest Entry

By entering into a Contest or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless GOAT, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. GOAT may, in its sole and absolute discretion, require the account holder to execute a separate release of claims as a condition of being awarded any prize or receiving any payout.

 

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECTTO 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.

 

Contests of Skill – Contests

All Contests offered on the Services are contests of skill. Each of our Contests are governed by specific rules, as may be modified from time to time, which are incorporated into these Terms by this reference. Winners are determined by the objective criteria described in the Contest rules, scoring guidelines, and any other applicable documentation associated with the Contest. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant information and rules to accumulate the most points according to the corresponding scoring rules. The Services may not be used for any form of illicit gambling. This section does not apply to any sweepstakes or other giveaway promoted by GOAT; such sweepstakes or giveaway shall be governed by separate terms.

 

Contest Results and Prizes

Prizes will only be awarded if a Contest is run. We reserve the right to cancel Contests at any time. In the event of a cancellation, all entry fees will be refunded to the customer’s Account except as specifically provided in this Agreement.

 

The players in each Contest who accumulate the most points and comply with eligibility requirements and applicable rules will win predetermined prizes as set out in the Contest details “Contest Prize Table”. After each Contest ends, the tentative winners are announced but remain subject to final verification. Winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement and appropriate tax forms by a specified deadline. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. Prizes will be awarded as soon as reasonably practicable following the conclusion of each Contest and all monetary winnings will be deposited directly into your GOAT Account.

 

Once winners are selected and prizes are awarded, the scoring results will not be changed regardless of any official adjustments made by the professional leagues, though we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our stats provider or in our calculation of results.  Any amounts that are mistakenly credited as winnings to your Account remain our property and will automatically be transferred from your Account upon confirmation of the error. Further, you acknowledge and agree that should we, in our sole and absolute discretion, determine that you did not comply with and or adhere to this Agreement, we may disqualify you from any Contest entered, in which case any prizes awarded to you as a result of said Contest will be immediately forfeited. You agree to cooperate with our efforts to reverse payments for violations or error.

 

No substitution or transfer of prize is permitted except at our sole discretion. All prizes are awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by us. If any legal authority challenges the award and/or your receipt of a prize for winning a Contest, GOAT reserves the right in its sole discretion to revoke, cancel, suspend, substitute, or modify the award of such prize. In all disputes arising out of the determination of the winner of GOAT Contests, GOAT is the sole judge and its actions are final and binding.

 

Contest Statistics and Live Scoring

To the extent that we offer 'live' statistics during gameplay, all 'live' statistics and other information provided through the Services and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our Contests. While GOAT and the third parties used to provide the Services use reasonable efforts to include accurate and up-to-date information, neither GOAT nor its third-party providers warrant or make any representations of any kind with respect to the information provided through the Services and related information sources. GOAT and its third-party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Services and related information sources, and shall not be responsible or liable for any error or omissions in that information.

 

Contest Cancellation

You may withdraw from any Contest entered, at any time, prior to either the acceptance by us of the final Contestant’s entry. If you timely cancel an entry, your entry fee will be refunded back into your Account. GOAT has no obligation to honor cancellation requests received after the last registrant for the Contest has been accepted.

 

We reserve the right, in our sole discretion, to cancel or suspend any Contest (or any portion thereof) for any reason whatsoever, including but not limited to, the safeguarding of the administration, security, fairness, integrity or proper operation of the Contest (or any portion thereof). This section specifically includes when a Contest Prize Table has been tampered with. We may provide you with notification of such cancellations or suspensions, but will not be obliged to do so. In the event that a Contest is cancelled altogether prior to the Contest running, no Contest entry fee will be payable by you and any amounts that were to be used for the purpose of entering the Contest will once again be made available to you via your Account. In the event a Contest is cancelled in a subsequent round of play after some Contestants have been eliminated, the prize pool will be split among surviving Contestants.

 

  1. Deposits and Withdrawals

 

Payment

Creating an Account is free. However, there are associated fees for certain Contests and Account types. When you use a service that has a fee you will have an opportunity to review and accept the fees that you will be charged.

 

To pay for such services, you must provide GOAT with the information necessary to process such order including, but not limited to, your billing address and payment method. You agree to pay GOAT the charges incurred in accordance with these Terms and applicable pay services.  If you dispute any charges, you must inform GOAT in writing within thirty (30) days of being billed by GOAT.  If our fees ever change, the changes to fees are effective after we provide you with notice by posting the changes on the Services or by email.

 

Deposits

To participate in Paid Contests, you are required to deposit funds into your Account by any of the methods permitted on the Services. Such funds will be deposited into your Account upon actual receipt of the funds by GOAT (see Player Reserve Account information below). Minimum and maximum limits may be applied to deposits into your Account as determined solely by GOAT. We are not a bank and funds are not insured by any governmental agency (see Player Reserve Account information below). No interest is payable on amounts on deposit in your Account. All payments into your Account must be from a payment source on which you are the named account holder. It shall be a violation of these Terms for you to submit payment using any payment method that you are not the named account holder. In addition, to be eligible to deposit money into your Account and play in Contests that award prizes, you must not be subject to backup withholding tax from the IRS. Deposited funds are intended to be used for entry into contests on the platform. If you would like a refund of a recent deposit, please contact our customer support at customersupport@goatdraft.com.  In order to protect GOAT and its users, we may prevent withdrawals for deposited funds that have not been used for contest entries until reasonable anti-fraud checks and investigations have been completed.

 

If any deposit is charged back any winnings generated from GOAT Contests shall be invalidated, forfeited and deducted from your Account balance. In addition, the amount of the initial deposit will be invalidated, forfeited and deducted from the Account balance. GOAT reserves the right to close your account – without notice – should a deposit be charged back.

 

We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. If GOAT requests that an entrant completes and executes such an affidavit and the entrant fails to do so within ten (10) days, or GOAT otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with these Terms, GOAT reserves the right to terminate the entrant’s account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, GOAT may pay out any withheld or revoked prizes to the other entrants in the relevant Contest in a manner consistent with the Rules of the Contest.

 

Segregated Account for Deposited Funds

When you make a deposit, or earn winnings, your deposits and Contest winnings are held in a separate, segregated bank account (the “Player Reserve Account”) held by GDPF LLC. Vendors, players, and creditors shall be aware that the funds in the Player Reserve Account do not belong to GOAT and are not available to creditors of GOAT. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described above, and GOAT may not use them to cover its operating expenses or for other purposes.

 

Bonuses and Promotions

From time to time, GOAT may provide you with promotional discounts or bonuses as an incentive to use GOAT’s Services, to establish an Account, or to refer others to sign up with GOAT. Such promotional programs will be governed by their own terms and conditions which will be presented at the time of such promotions. Unless otherwise provided, promotional bonuses are non-transferrable.

 

Withdrawals

The withdrawal process is intended only for winnings. If you would like to refund one of your recent deposits, please contact customer support. You may request a withdrawal of funds from your available cash balance in your Account at any time, provided that the funds are not restricted from withdrawal such as bonus and promotions or for violations of this Agreement.

 

Entrants may withdraw their cash prize awards as well as cash deposits by using the "Withdrawal" option on the Services. You acknowledge that, in order to complete withdrawals, Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification as reasonably requested by GOAT in order to complete the withdrawal of prizes. We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any such entrant did not comply with these Terms in any manner.

 

Processing of withdrawals may take up to five (5) business days; provided, however, GOAT reserves the right to freeze your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse by a user requesting withdrawal of funds. If you do not receive your withdrawal within five (5) business days, please contact customer support at customersupport@goatdraft.com.

 

U.S. Dollars

All deposits and withdrawals will be denominated in U.S. dollars unless otherwise expressly stated. If you make a deposit that is denominated in a currency other than U.S. dollars, please be aware that the funds will be converted into U.S. dollars by our Payment Processors (defined below) or your financial institution and you may be charged a service fee for such conversion. Please also be aware that our Payment Processors and/or your financial institution may use different conversion rates for deposit and refund transactions. The conversion rate used is not under our control and we recommend that you contact your financial institution directly for more information.

 

Taxation (United States)

All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of Contests is challenged by any legal authority, GOAT reserves the right in its sole discretion to determine whether or not to award such prizes.

 

Each year all winners who have won $600 USD or more over the previous year must provide updated address and social security details to GOAT. These details will be used to allow GOAT to comply with tax regulations and may be shared with appropriate tax authorities. In compliance with United States Internal Revenue Service regulations, GOAT may be required to submit a Form 1099-MISC, Miscellaneous Income (Form 1099) to the Internal Revenue Service (IRS) or other appropriate form to any person who wins in excess of $600 (USD) on the Site (winnings less entry fees) in any given year. Depending on the jurisdiction in which you reside, GOAT may require you to complete a Form W-9, Request for Taxpayer Identification Number (TIN) and Certification and/or additional tax forms. This information will be used to file the Form 1099 with the IRS.  GOAT reserves the right to withhold (from your existing account balance and/or from future net winnings) any amount required to be withheld by law. You remain solely responsible for filing and paying all federal and other taxes in accordance with the laws that apply in your local, state, province, and/or country of residence. GOAT does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.

 

Third-Party Payment Processor

GOAT uses third-party electronic payment processors and financial institutions ("Payment Processors") to process deposits and/or payments for services or products. The information that we provide to and receive from these Payment Processors and the manner in which such information is used and disclosed is described in further detail in the GOAT Privacy Policy. You irrevocably authorize us, as necessary, to instruct such Payment Processors to handle payments and you irrevocably agree that GOAT may give such instructions on your behalf in accordance with your requests as submitted through the Services. You agree to be bound by the terms and conditions of each applicable Payment Processor, and in the event of a conflict between these Terms and the Payment Processors' terms and conditions, then these Terms shall prevail. You further agree that GOAT is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party, except as a result of the gross negligence of GOAT.

 

Account Inactivity Fees and Escheatment

 

If your Account has no activity for twenty-four (24) consecutive months, the account will be considered inactive. GOAT will assess fee of $2.99 per month on all inactive accounts until the account is reactivated by entering a contest, making a deposit, or withdrawing funds. Prior to deducting any fees due to account inactivity, GOAT will provide you at least thirty (30) days-written notice. If your account remains inactive for the amount of time specified by applicable state law, usually between thirty-six (36) and sixty (60) months, it will be considered abandoned. Once an account is abandoned, GOAT is required by state law to remit the abandoned funds to the appropriate state agency as unclaimed property. GOAT may also charge additional fees associated with the delivery of abandoned funds to the applicable state agency subject to limitations of applicable law.

 

  1. Publicity

 

By entering a Contest, you consent to GOAT’s and its service providers’ and business partners’ use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected Contest and/or other GOAT Contests and GOAT generally, unless otherwise prohibited by law. GOAT Draft Fantasy Sports LLC and its business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the Contest. Entrants agree that GOAT Draft Fantasy Sports LLC may announce any winner's name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of GOAT or other Contests or games operated by GOAT. You agree that participation in and (where applicable) the winning of a prize in connection with a Contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain Contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.

 

YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE A WINNER IN A PUBLIC CONTEST, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR NAME OR USERNAME PLACED A WINNERS' LIST.

 

  1. Rules and Conduct

 

As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms or law. The Services are provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Services.

 

You understand and agree that you will not use the Services to engage in the prohibited conduct below:

 

  1. You shall not use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;

 

  1. You shall not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;

 

  1. You shall not attempt to use any method to gain unauthorized access to any features of the Services;

 

  1. You shall not directly or indirectly decipher, decompile, remove, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services, except to the extent applicable laws specifically prohibit such restriction;

 

  1. You shall not directly or indirectly modify, translate, or otherwise create derivative works of any part of the Services;

 

  1. You shall not directly or indirectly copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;

 

  1. You shall not directly or indirectly take any action that constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of GOAT or any third party; or that impersonates any person or entity, including any employee or representative of GOAT;

 

  1. You shall not directly or indirectly take any action that imposes or may impose (as determined by GOAT in its sole discretion) an unreasonable or disproportionately large load on GOAT’s or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; and

 

  1. You shall not sell or otherwise transfer your profile.

 

  1. You are prohibited from posting content that: is direct or specific threat of violence to others; is in furtherance of illegal activities; is harassing, hateful, libelous, defamatory, abusive, or constitutes spam; or is pornographic, predatory, sexually graphic, racist, offensive, harmful to a minor, or would otherwise violate the rights of any third party or give rise to civil or criminal liability.

 

If for any reason, GOAT determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.

 

ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE SITE OR APP OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, GOAT RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

  1. Termination of Usage

 

You may cancel your account at any time through your account settings or by sending us an email at customersupport@goatdraft.com. Unless GOAT is in breach of this Agreement and does not cure said breach within thirty (30) days of receiving written notice from you of an actual breach, identifying specifically the nature of the breach, you are not entitled to any refunds. We may suspend or cancel your account without notice or refund to you if you violate this Agreement, or for any reason at all. If your account is cancelled, GOAT reserves the right to remove your account information along with any account settings from our servers with NO liability or notice to you. Once your account information and account settings are removed, you will not be able to recover this data and you will lose access to all of your content.

 

Upon termination of your account, your license to use GOAT’s Services terminates. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You acknowledge and understand that our rights regarding any content you submitted to the website before your account was terminated shall survive termination.

 

  1. Advertisements and Third-Party Sites

 

The Services may contain third party advertisements and/or sponsorships. The advertisers and sponsors that provide these advertisements or sponsorships are solely responsible for ensuring that the materials submitted for inclusion on the Services are accurate and that they comply with all applicable laws. We are not responsible for the acts or omissions of any sponsor or advertiser.

 

Additionally, the Services may permit you to link to other websites or resources on the internet. Links on the Services to third party websites, if any, are provided only as a convenience to you. If you use these links, you will leave the Services. The inclusion or integration of third-party services or links does not imply control of, endorsement by, or affiliation with GOAT. Your dealings with third parties are solely between you and such third parties. You agree that GOAT will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.

 

  1. GOAT Intellectual Property and User Content

 

Intellectual Property

Through the Services, GOAT may make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Users of the Services may have the ability to contribute, add, create, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible Content through submission of profile photos.

 

Our Content

Our Content is protected in many ways, including copyrights, trademarks, service marks, and other rights and laws. You agree to respect all legal notices, information, and restrictions contained in any content accessed through the Services. You also agree not to change, translate, or otherwise create derivative works based off our content. All other Content viewed through the Services is the property of its respective owner. You have a limited, revocable, non-exclusive, non-transferrable license to use the Services and our Content solely for legally permitted activities related to our Services as outlined in these Terms.

 

User Content

We, including third party partners and our affiliates, may ask you for Feedback (as further defined below) on your experience with the Services. GOAT shall become the owner of any reviews, comments, suggestions or other feedback regarding the Services posted to the Services or on GOAT's social media pages (collectively, "Feedback") and it may share with any of its affiliates. Without limitation, GOAT will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, including to advertise and promote GOAT, without compensation to you or any other person sending the Feedback. You specifically waive any "moral rights" in and to the User Content.

 

To the extent that you decide to post any content (“User Content”), including your profile information, photos, or Feedback, on the Services or on GOAT's social media pages, you agree that your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant GOAT all of the license rights granted herein. You acknowledge that you are responsible for whatever material you submit, and you, not GOAT, have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright.  GOAT may refuse to accept or transmit User Content. Additionally, GOAT shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content.

 

  1.  Copyright and Trademark Notices

 

Copyright Policy

GOAT complies with the Digital Millennium Copyright Act (DMCA). GOAT will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify GOAT's Copyright Agent by email at customersupport@goatdraft.com or by mail to the address in the Contact section. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for Notice. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):

                          

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Services, sufficient for GOAT to locate the material; your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

If you fail to comply with these notice requirements, your notification may not be valid. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

 

In accordance with the Digital Millennium Copyright Act, GOAT has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. GOAT also may terminate User accounts even based on a single infringement.

 

Counter-Notice

If you believe that your 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 material in your 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 a 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 in Dallas County, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, GOAT may send a copy of the counter-notice to the original complaining party informing that person that it 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 GOAT’s sole discretion.

 

  1. GOAT Mobile Application

 

You acknowledge and agree that (i) these Terms are binding between you and GOAT only, and Apple is not a party hereto, and (ii) as between GOAT and Apple, it is GOAT that is responsible for the App and the content thereof. You must use the iOS App only on an Apple-branded product that runs iOS. Your use of the App must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the App.

 

You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party’s intellectual property rights.

 

In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, as between Apple and GOAT, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be GOAT’s responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit GOAT’s liability in this regard.

 

Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof. There are no other third-party beneficiaries of the Terms.

 

  1. Warranty and Disclaimer

 

GOAT DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, GOAT SPECIFICALLY DISCLAIMS SUCH WARRANTIES. FURTHER, GOAT AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

 

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, GOAT, ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, “GOAT") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND PERTAINING TO THE SERVICES AND THE MATERIALS HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABLITY, USE REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. GOAT MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN OR ON THE SERVICES WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AND/OR USED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, CONTENT OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOAT ON OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

 

  1. Limitation of Liability

 

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN NO EVENT SHALL GOAT, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) TWO HUNDRED U.S. DOLLARS ($200.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, GOAT’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

  1. Dispute Resolution, Arbitration, and Class Action Waiver

 

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

 

Initial Dispute Resolution

It is GOAT’s goal that the Services meet your expectations and live up to our promises to you. However, there may be instances when you feel that GOAT has not fulfilled its obligations or you may have a different type of problem or dispute that needs special attention. In those instances, GOAT is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with GOAT, you acknowledge and agree that you will first give GOAT an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the occurrence of the event giving rise to the dispute by sending an email to disputes@GOAT.com. You then agree to negotiate with GOAT in good faith about the dispute for at least sixty (60) days after GOAT’s receipt of your written description of it.

 

Binding Arbitration

If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879.

 

The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitration rules also permit you to recover attorney’s fees in certain cases. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

 

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

 

Location

The arbitration will take place at any reasonable location within the United States reasonably convenient for both parties.

 

Class Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND GOAT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

 

Exception - Litigation of Intellectual Property and Small Claims Court Claims

Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

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