Last Updated: August 9, 2023
DFS Hub is 100% for news and entertainment purposes only. We are not a pick service or gambling site and do not guarantee you will win money or meet any expectations of performance. Use of this site and its information are at your own risk. Please enjoy the site and always play responsibly.
Use of dshub.com is subject to the following terms:
The following Terms of Service (“Terms”) set forth the terms and conditions of the agreement between you, an individual user (“You”) and Imaginative Online Inc., (“DFS Hub™”) in conjunction with DFS Hub™’s hosting of free fantasy sports contests and offering of use and/or sale of tools, news, opinions, statistics and other data related to fantasy sports player projections (“the Service”) on its website (“the Site”). These Terms govern your rights and responsibilities with respect to your use and purchase of Services on the Site.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 26
2. THE SERVICE
DFS Hub™ will provide you with access to the opportunity to use and/or purchase tools and data related to fantasy sports game play, as well as the opportunity to enter a wide range of free fantasy sports contests, in which you must select a team of players through the use of your skill and knowledge of professional sports.
With respect to the use and/or sale of fantasy sports tools and data, DFS Hub™ can change the content of the tools and data it provides at any time. All sales are final. Subscription prices may be quoted weekly but billed monthly (approximately every 4 weeks), or prices may be quoted annually and billed once per season in advance. Purchasers who wish to cancel must cancel at least one day before of the start of any billing cycle. Trial users are automatically billed for the plan they selected if they do not cancel by the last day of their trial period.
Absolutely no refunds for late cancellation, accidental missed cancellation or partial usage will be provided. Tools and data purchased are to be used for entertainment purposes only. As expressed in detail in Section 19 of these Terms, DFS Hub™ makes no representations about the accuracy of these data or tools in terms of your fantasy sports performance, or the likelihood of accuracy of our fantasy sports recommendations. Past results cannot predict future performance.
For our free fantasy sports contests, winners are determined by DFS Hub™ based on users’ ability to predict the performance of professional sports athletes over the course of real-world sports events. DFS Hub™ shall have sole and absolute discretion in determining its game rules and selecting winners of these contests. Further, DFS Hub™ shall be the sole arbiter of disputes over who wins each contest.
3. ACCEPTANCE OF TERMS
By accessing the Site and using any part of the Site or Service, you agree to be bound by these Terms. It is your responsibility to review these Terms regularly to determine whether they have changed. If you do not agree to all of the Terms, then you may not access the Site or attempt to use our Services.
4. TERMS REPRESENT ENTIRE AGREEMENT
5. MODIFICATION OF TERMS
DFS Hub™ reserves the right, at its sole discretion, to modify or replace the existing Terms at any time. Each time we modify or replace the Terms, we will note the month and year of the most recent update at the top of this document. Should any change in Terms occur, you shall be responsible for reviewing and becoming familiar with any such modifications. Your continued use of the DFS Hub™ Site and Service upon any change or modification of the Terms constitutes your constructive acknowledgement and acceptance of these modifications. If you do not agree to any such modifications we may make to the Terms from time to time, your only recourse is to discontinue your use of our Site and Services.
6. USER ELIGIBILTY
By using our Site or Service, you hereby represent and warrant that you are a natural person (corporate entities and similar organizations are not eligible to use the DFS Hub™ Service) and you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and to abide by and comply with these Terms.
Further, you represent and warrant that:
- You are the age of majority in your jurisdiction of residence (this is at least 18 in most states of operation, 19 years of age in Alabama and Nebraska, and 21 years of age for certain activities related to fantasy sports in Massachusetts).
- You are a citizen or resident of a jurisdiction where the DFS Hub™ Service is legal, are not resident outside of the United States of America and you have an address in the United States of America. (For purposes of clarity, citizens and residents of Canada—including but not limited to Quebec, Mexico, Puerto Rico and non-state U.S. territories are not eligible).
- You are physically located in the United States of America and reside in a jurisdiction in which participation in any contest you choose to participate in is allowed by applicable law.
- You will establish only one account to participate in the Services offered on the DFS Hub™ Site, and only you will operate the account. In particular, you will not share your account or login information or access to your account with any third-party.
- You will not engage in any form of data scraping, copying or misuse of data on, or as related to, our Site, nor will you use or purchase any of the tools or data available through our Site in a manner that violates any applicable federal, state or provincial laws.
- You will abide at all times by these Terms and any other agreements between you and DFS Hub™.
- You are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.
If any of the above representations and warranties are not met, in addition to any other rights and remedies available under law or equity, DFS Hub™ reserves the right to suspend or terminate your account and to revoke or withhold the awarding of any prizes associated with your account. Further, in the event that DFS Hub™ discovers that you have opened more than one account, in addition to any other rights that DFS Hub™ may have, DFS Hub™ reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the award of any prizes. DFS Hub™ reserves the right to revoke any user’s free or paid access to the Site, at any time, for any reason, or for no reason at all. Any language such as “lifetime free” access refers to our current user policy at that time only, and does not mean that your access or others’ access to this website will be free forever as free access may be terminated for any reason at our sole discretion.
7. USER CONDUCT
As a condition of use, you agree not to use the Site or Service for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by DFS Hub™. By way of example, and not as a limitation, you agree to conduct yourself with good sportsmanship at all times, not to submit multiple teams within a given contest unless the contest affirmatively allows for multiple entries by the same user, and not to engage in Collusion with other users to win any contest (the term “Collusion” shall include, but is not limited to, working together with another user to better any one entry at the expense of another).
In addition, you agree not to abuse, harass, impersonate, intimidate or threaten other DFS Hub™ users or personnel affiliated with DFS Hub™; not to use the Site for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws; not to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any DFS Hub™ user; and not to create or submit unwanted email (“Spam”) or other form of digital messaging to any other DFS Hub™ user(s).
Further, you agree not to submit comments discussing or linking to affiliate programs, multi-level marketing schemes, personal business ventures, or off-topic content; not to post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and not to use any robot, spider, scraper or other automated means to access the site for any purpose (except for RSS feed access) without our express written permission.
Finally, you agree that you will not: (1) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (3) bypass any measures DFS Hub™ may use to prevent or restrict access to the Site.
Violation of our rules may result in the removal of your content from the Site and/or the cancellation of your account. You acknowledge and agree that DFS Hub™ may remove any User Content and terminate any DFS Hub™ account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content). IN ADDITION, ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE THE SITE OR SERVICE OR TO UNDERMINE THE LEGITIMATE OPERATION OF OUR CONTESTS IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT OCCUR, DFS HUB™ RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT AVAILABLE BY LAW. YOU FURTHER CONSENT TO ENTRY OF AN INJUNCTION AGAINST YOU TO BAR ANY SUCH THREATENED OR ACTUAL ATTEMPT, WITHOUT THE NEED FOR DFS HUB™ TO POST BOND.
To report abuse of the Site or Service, or violation of these Terms, please contact us at email@example.com
8. USER CONTENT
You understand that all content created or posted by users of either the Site or Service (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Site. Under no circumstances will DFS Hub™ be liable in any way for any User Content uploaded, posted, shared, emailed, transmitted or otherwise made available via the Site.
You represent that you will not use the Site or Service to post, share, email, transmit, or otherwise make available via the Site, or cause to be posted, shared, emailed, transmitted, or otherwise made available via the Site, any User Content that is: infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, vulgar, or otherwise in violation of any law or right of any third party; or that infringes upon the intellectual property rights of DFS Hub™, its users, or any third party. You agree at all times to defend, indemnify and hold harmless DFS Hub™, its affiliates, successors, transferees, assignees, and licensees, and its respective parent and subsidiary companies, agencies, associates, officers, directors, members and employees of each, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees, arising out of or related to your breach of any obligation, warranty, representation, or convenient set forth herein.
You acknowledge that DFS Hub™ may or may not pre-screen User Content, but that DFS Hub™ and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Content available via the Site. Without limiting the foregoing, DFS Hub™ and its designees shall have the right (but not the obligation) to remove any User Content that violates these Terms or is otherwise objectionable in DFS Hub™’s sole discretion. You understand that by using the Site, you may be exposed to User Content that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any content available on or through the Site.
With respect to User Content you submit or make available on the Site, you grant DFS Hub™ a perpetual, irrevocable, fully sub-licensable and transferable, worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Site. DFS Hub™ reserves the right, but has no obligation, to monitor disputes between you and other users.
9. RIGHTS TO USE OF YOUR PERSONAL INFORMATION
Contest winners agree that, as a condition of winning prize money of $100 or more, from the date of notification of their status as a potential winner, and continuing until such time when notified that they no longer need to do so, they will make themselves available to DFS Hub™ via video conference for at least 30 minutes for publicity, advertising and promotional activities relating to any contest in which they participate. DFS Hub™ may waive this requirement at its discretion, and often does. When not waived by DFS Hub™, contest winners may decline participating in these promotional activities in exchange for voiding their entry into the respective contest and foregoing their winnings.
10. REGISTRATION FOR ACCOUNT
In order to use our Site or Service, you must register for an account. By registering as a user, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and to maintain and promptly update the Registration Data to keep it accurate, current and complete. Furthermore, you will not take any steps to mask your identity, location or demographic information. If you provide any information that is inaccurate, not current or incomplete, or DFS Hub™ believes it has grounds to suspect that such information is inaccurate, not current or incomplete, DFS Hub™ may deny you access to areas requiring registration, at its sole discretion.
11. ACCOUNT PASSWORD AND SECURITY
At the time of registering for an online account, you must provide a valid email address and supply a username and password to be used in conjunction with your account. Many portions of the Site require registration for access. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all uses of your username and password, whether by you or others. You agree to (a) keep your username and password confidential and not share them with anyone else; (b) immediately notify DFS Hub™ of any unauthorized use of your username and password or account or any other breach of security; and (c) use only your username and password to access the Site’s Restricted Areas. IF THERE IS UNAUTHORIZED USE OF YOUR ACCOUNT, YOU WILL BE LIABLE FOR THE LOSSES INCURRED BY YOURSELF, DFS HUB™ AND OTHERS DUE TO ANY UNAUTHORIZED USE.
12. COMMUNICATIONS AND DISCLOSURES
As a result of your registration for the Service, you may receive certain commercial communications from DFS Hub™. You understand and agree that these communications are part of your registration, and that you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to firstname.lastname@example.org. Even if you unsubscribe from commercial communications, you will continue to receive transactional messages from DFS Hub™. These transactional messages may include information related to your participating in a contest for which you have entered, such as entry confirmations, or your wins or losses in connection with any such contests.
You acknowledge, consent and agree that DFS Hub™ may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce these Terms; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of DFS Hub™, its users and the public.
13. DISQUALIFICATION OF USERS
DFS Hub™, in its sole discretion, may disqualify any entrant from the Site or Service, refuse to award fantasy points or prizes and require the return of any prizes, if an entrant engages in conduct DFS Hub™ deems to be improper, unfair or otherwise adverse to the operation of the Site or Service or in any way detrimental to other entrants. Improper conduct includes, but is not limited to: falsifying personal information required to use the Service or to claim a prize; accumulating, or attempting to accumulate, points or prizes through unauthorized methods such as automated scripts or other automated means; manipulating data on the Service; tampering with the administration of the Service or trying to, in any way, tamper with the computer programs associated with this Service; obtaining other entrants’ information and spamming other entrants; engaging in Collusion with other contest participants; abusing the DFS Hub™ Site in any way; or using language that in the sole discretion of DFS Hub™ is deemed offensive, intimidating, or in violation of the spirit of building a healthy and friendly fantasy sports environment. You further acknowledge that the forfeiture and/or return of any prize shall in no way prevent DFS Hub™ from pursuing criminal or civil proceedings in connection with such conduct.
14. TECHNICAL MALFUNCTIONS
You will not hold DFS Hub™ or its owners, members, employees, or affiliates responsible for: any incorrect, potentially misleading, invalid or inaccurate information; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to, software and operating systems that do not permit an entrant to participate in the Service), including without limitation any injury or damage to any entrant’s or any other person’s computer equipment relating to or resulting from participation in the Service; inability to access the Site, or any web pages of DFS Hub™; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s facilities, or any site for any other reason whatsoever; typographical, printing or other errors; or any combination thereof.
DFS Hub™ and any owners, members, employees, or affiliates are also not responsible for incomplete, illegible, misdirected or stolen entries, or for any errors in the data or tools provided or sold on or through its website. If for any reason the Service is not capable of running as originally planned, as well as if the Site or Service becomes corrupted or does not allow for the proper usage and processing of entries in accordance with the rules, or if infection by a computer (or similar) virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of DFS Hub™ corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service, DFS Hub™ reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the DFS Hub™ Site.
From time to time servers may overload and data may be lost. DFS Hub™ assumes no responsibility for the occasional loss of data, irrespective of whether this loss is temporary or permanent in nature.
The failure of DFS Hub™ to comply with any provision of these rules due to an act of god, hurricane, war, fire, riot, earthquake, terrorism, pandemic, act of public enemies, actions of governmental authorities outside of the control of DFS Hub™ (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these terms.
In early January of each year all winners of DFS Hub™ contests who have won $600 or more over the previous year will be contacted to provide address and social security details. These details will be used to file a 1099-MISC with the Internal Revenue Service. Paying taxes shall be the sole obligation of each user.
If you win over $599.99 in any calendar year, you will not be paid until you provide all information required by us to file the required tax documents. If you are paid over $599.99 in winnings by DFS Hub™ and it is discovered that you failed to provide all information necessary to submit the required tax documents to the IRS, you agree that you will repay all winnings over $600 to DFS Hub™ within 30 days of our request.
16. NON-AFFILIATION WITH ANY SPORTS LEAGUE OR PLAYERS ASSOCATION
DFS Hub™, as well as its Site and Service, is not in any way affiliated with any professional or amateur sports league or sports league, or with any professional sports player, players association or collection of players. The use of sports players’ names, logos and images in conjunction with their statistics and information in our news or contests is intended for informational purposes only and should not be construed as an endorsement of our contests. All NFL, NFL team, and player intellectual property (e.g., product names, logos, brands, trademarks, and registered trademarks) are the property of their respective owners, not DFS Hub or its parent Imaginative.Online Inc. All company, product, and service names used on this website are for identification purposes only. Use of these names, trademarks, and brands does not imply endorsement.
By using the DFS Hub™ Service or accepting any prize, you agree to INDEMNIFY, DEFEND, release and to hold harmless DFS Hub™ and each of Its subsidiaries, affiliates and agencies, as well as the officers, directors, OWNERS, MEMBERS, 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, for injuries, damages or losses to persons and property which may be sustained in connection with YOUR USE OF THE SITE, participation in the Service, the receipt, ownership, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy.
18. NO WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DFS HUB™ DISCLAIMS ALL WARRANTIES–STATUTORY, EXPRESS OR IMPLIED–INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
Further, you expressly understand and agree that your use of the SERVICE, CONTENT, DATA, TOOLS, AND Site is at your sole risk. The Site is provided on an “AS IS” and “as available” basis. The Service, content, and Site are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that DFS Hub™ has no control over, and no duty to take any action regarding: which Users gain access to the Site or use the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release DFS Hub™ from all liability for your having acquired or not acquired Content through the SERVICE or the Site. The Site may contain or direct you to Sites containing information that some people may find offensive, inaccurate or inappropriate. DFS Hub™ makes no representations concerning any content contained in or accessed through the SITE and DFS Hub™ will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICE IS DONE AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF DOWNLOADED MATERIAL.
Tools and data purchased are to be used for entertainment purposes only, and not for any forms of illegal gambling activity. NO CONTENT ON, OR PURCHASED THROUGH, THIS SITE MAY BE RELIED ON AS GAMBLING ADVICE OR ADVICE ABOUT ANY OTHER FORM OF SPECULATIVE ACTIVITY, IRRESPECTIVE OF WHETHER THE ACTIVITY MAY BE DEFINED AS GAMBLING, FANTASY SPORTS, OR OTHERWISE.
- the accuracy of any information contained on this site
- the accuracy of the data provided
- whether information provided is without errors
- the success of our tools in terms of fantasy sports performance
- the effectiveness of any tool, including but not limited to the Lineup Builder, Optimizer and WhichStatMatters features
- the information provided by our representatives by email, chat or otherwise,
- your likelihood of winning any contest on DFS Hub™, DraftKings, FanDuel or other websites
- the likelihood of accuracy of our recommendations and commentary.
In short, use of all DFS Hub related information is completely at your own risk.
YOU MAY LOSE MONEY BY RELYING ON INFORMATION AND TOOLS ON THIS WEBSITE.
You agree that you will not rely on DFS Hub information to support actions that could result in damaging financial losses. Past results cannot predict future performance.
19. LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT, UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, SHALL DFS HUB™ BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DFS HUB™ HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DFS HUB™’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DFS HUB™ FOR GENERAL USE OF THE SITE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM. THIS LIMITATION ON LIABILITY SHALL EXTEND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS.
YOU UNDERSTAND THAT the data and tools provided are solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity. You agree that our financial liability in the event of any legal challenge arising out of use or sale of data or other tools on our Site shall be limited to the cost of refund of one month of fees for the services you purchased. Nothing on this website is intended to serve as investment advice or financial advice.
20. OUR PROPRIETARY RIGHTS
All title, ownership and intellectual property rights in and to the Site and Service are owned by DFS Hub™ or its licensors. You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by DFS Hub™, you agree not to modify, rent, lease, loan, sell, publicly display, distribute or create derivative works based on the Site, Service, data or tools, in whole or in part.
21. LINKS TO THIRD PARTY SITES
DFS Hub™ may terminate or suspend the Site and any and all Services and your DFS Hub™ account immediately, without prior notice or liability, for any reason, including if you breach any of the terms or conditions of the Terms or otherwise violate the spirit of these Terms. Upon termination of your account, your right to use the Site will immediately cease, and all rights under this contract shall cease other than those deemed to survive termination under Section 33 of the Terms.
In addition, if you are the parent or guardian of a minor (this is someone under 18 in most states, 19 years of age in Nebraska, and 21 for purposes of our services in Massachusetts) who you believe has accessed our site for the purpose of entering into contests that contain both entry fees and prizes, we will close that account immediately. The best way to contact us about terminating such an account is by emailing us at email@example.com.
23. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms. This means, among other things, that you agree, to the full extent permissible by law, no third party shall have any rights to bring claims arising out of these Terms on your behalf or to claim for themselves rights that are afforded to you under this agreement.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
DFS Hub™ may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you are a copyright owner, or an agent of a copyright owner, and believe that any content infringes upon your copyrights, you may submit notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated Copyright Agent, with the following information in writing (see 17 USC 512(c)(3)): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DFS Hub™’s designated Copyright Agent to receive notifications of claimed infringement can be reached at firstname.lastname@example.org.
25. CHOICE OF LAW
You agree that any claim you may have against DFS Hub™, irrespective of whether the claim that is brought arises under contract, tort or other legal theory, shall be interpreted exclusively under the law of the State of Florida. No user of this Site, successor in interest, or any other party seeking to bring suit on behalf of the interests of a user may attempt to argue any state law claims under any theory other than the State of Florida. THIS CHOICE OF LAW CLAUSE SHALL APPLY WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES AND IRRESPECTIVE OF THE UNDERLYING CAUSE OF ACTION.
26. 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:
Any controversy or claim arising out of, in connection with, or in any way relating to the Terms, with the exception of those controversies or claims specifically excluded in the following paragraph, shall be settled by a single arbitrator from the American Arbitration Association (“AAA”), in connection with AAA rules. 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 arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Any such arbitration shall be held within a fifty mile radius of Naples, FL.
You and DFS Hub™ agree that the following types of disputes are not subject to this binding arbitration provision: (1) any disputes seeking to enforce or protect, or concerning the validity of either any of your intellectual property rights or DFS Hub™’s intellectual property rights; (2) any claim for injunctive relief; and (3) any type of dispute that is not eligible for arbitration based upon the applicable law of Florida as governs these Terms.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879.
In addition, you and DFS Hub™ 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 DFS HUB™ 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.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: email@example.com (you must include your full name, contact information and the email address you log into this website with). The notice must be sent within 30 days of your first use of the Service. Otherwise you shall be bound to arbitrate disputes. If you opt-out of these arbitration provisions, DFS HUB™ also will not be bound by them.
DFS HUB™ will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
27. Forum Selection
For any dispute not subject to arbitration, or where no election to arbitrate has been made, you and DFS Hub™ agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located within a fifty mile radius of Naples, FL. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
28. WAIVER AND SEVERABILITY AND TERMS
The failure of DFS Hub™ to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you under any circumstances, but may be assigned by DFS Hub™ without restriction. Any assignment attempted to be made in violation of these Terms shall be deemed void. In addition, you agree that to the fullest extent permissible by law, no third party shall have any rights to bring claims arising out of these Terms on your behalf or to claim for themselves rights that are afforded to you under this agreement.
30. NO AGENCY
You agree that no joint venture, partnership, employment, or agency relationship of any kind exists between you and DFS Hub™, and that no such relationship is created or established by these Terms. YOU FURTHER ACKNOWLEDGE THAT BY SUBMITTING USER CONTENT TO DFS HUB™, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND DFS HUB™.
31. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The headings and section titles in the Terms are for convenience only and have no legal or contractual effect.
The following sections of these Terms shall survive the termination of the Terms and/or your account, irrespective of whether terminated by you or DFS Hub™: Sections 6, 8, 9, 12, 14, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 29, 30, 31 and 33.