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User Agreement

, txt_1  owns and operates the TotalDraft website (hereinafter - the website), which is specified in this user agreement. We are glad to offer you access to our website and the opportunity to take part in our fantasy sports tournaments (hereinafter - the tournaments), as well as other events, promotion campaigns and the company's products (jointly referred to hereinafter as the services), that we provide through our website, while observing the Terms of Use of the Website, the Confidentiality Policy and official regulations and standards for the respective tournaments and promotion campaigns. The term TotalDraft is hereinafter used to define the , its subsidiaries and branch offices, as well as any affiliated companies of TotalDraft providing services under the TotalDraft label as a whole.

Your consent to the terms

You provide your consent to the Terms of Use of the Website as set forth herein by signing up to the website or using the software of the website or downloading any information/content from the website. If you do not agree to observe all these terms and conditions, please refrain from using the website. The Terms of Use of the Website constitute a legal agreement between you and TotalDraft and apply in respect of usage of the website or services even after such usage is discontinued.

Your acknowledgements and guarantees

You confirm that you have reached the age of at least 18 years and have the right to register a user account, participate in tournaments and win the prizes offered by the website. In any jurisdiction, territory or place where the minimum age required in order to be entitled to use the website is above 18, you confirm your compliance with the respective age requirements effective in your jurisdiction.

By registering himself/herself with the project, the player confirms that he/she is not a resident of the United States of America, Canada or Costa Rica.

You can only register one account per person for participation in the tournaments offered at the website. Each account can only be linked to one PayPal account. If TotalDraft finds that you have registered more than one user account per person, then, without prejudice to any other rules and regulations employed by the website, TotalDraft reserves the right to suspend or discontinue the operation of your accounts and withhold or cancel any wins. You are responsible for maintaining the confidentiality of your login and password and assume the entire scope of responsibility for any activities that may be performed or any losses that may be inflicted in through the usage of your account and password. Transferring the right to use your account to another person constitutes a breach of the Terms of Use of the Website. If you have any reason to believe that someone is using your account, you must inform the TotalDraft customer support service of such suspicions immediately. We cannot be held responsible for any damage or losses as may be inflicted due to your failure to notify us of unauthorised usage of your account. You hereby pledge to provide us with complete and true information in case we request your registration data and to update your data in case of any changes thereof.

An Authorised Account Owner is a person aged 18 or above who is the sole user of the e-mail address issued by an online service provider or any other organisation (e.g., a business, an educational institution, etc.) in charge of issuing e-mail addresses within the domain associated with the e-mail address used for account registration on the website. The Authorised Account Owner confirms that he/she is the lawful owner of the account used to deposit funds to the website by specifying his/her data for participation in gambling tournaments. Usage of an account that does not belong to the Authorised Account Owner constitutes a breach of the Terms of Use of the Website.

Joining tournaments

Users may visit the website and browse the tournaments they can join. In order to join a tournament, the user must sign up to the website. Entry fees for all paid tournaments are specified in Russian roubles. As soon as you join the selected tournament, the amount specified therein is debited from your account. Entry fees for all tournaments already include the website's commission fee of 10%, which is collected automatically.

Refund policy

All payments are deemed final. No refunds are available. In case of any doubts regarding the identity of the person managing a user account, it shall be deemed managed by the person registered as the owner thereof.

Terms and conditions of tournaments

Having joined a tournament, the respective participant thus agrees to observe the regulations of the tournament and other requirements of TotalDraft, which are final and binding in all respects. The company may, at its own discretion, disqualify any participant of a tournament, refuse to pay prizes, bonuses and other rewards and demand repayment of any prizes, bonuses and other rewards if this participant directly or indirectly inflicts any harm or losses upon any other participants of the tournament or is identified as the perpetrator of any unfair or unscrupulous actions. Within the context hereof, unfair or unscrupulous actions include:

  • Falsification of the personal data required for participation in a tournament or receipt of a prize;
  • Participation in financial fraud of any kind, including unauthorised usage of credit/debit cards for participation in a tournament or receipt of a prize;
  • Actual or attempted collusion with any other person or persons;
  • Breach of the Terms of Use of the Website, tournament regulations and other requirements of TotalDraft;
  • Accumulation of points or prizes using unauthorised techniques, like automated scripts, bots, robots, parsers or any other automated means in order to obtain, collect or access any information on the website or user information for any purposes;
  • Any abuse or improper usage of the bonus system, a partner program or any other offers and promotions;
  • Interference with tournament management or attempted interference of any kind with the system of the website or the website's security system;
  • Obtainment of information from other users, spamming other users;
  • Any other misuse of the functions of the website.

You also acknowledge that you will not impede or dispute the confiscation/refund of any prize money by TotalDraft in case any facts of improper conduct referred to above are identified in respect of you.

Having joined the tournament and received a prize, participants, including, but not limited to winners, agree to indemnify and hold the COMPANY, its subsidiaries, branch offices, companies affiliated with TotalDraft and providing services under the TotalDraft label and any officers, directors, employees, shareholders and representatives of any of the abovementioned entities (jointly referred to hereinafter as the Indemnified Parties) harmless against any responsibility, claims, or demands in case of occurrence of circumstances of any kinds, including without limitation, injuries, losses or damage to persons or property, as may be associated with participation in the tournaments, obtainment, ownership, use or misuse of any prize or during preparation therefor, and against any claims regarding the right of publicity, aspersion or intrusion upon privacy. TotalDraft may, at its own discretion, require an Authorised Account Owner to comply with certain requirements similar to those set forth above in this paragraph as one of the mandatory conditions for the receipt of prizes or payments.

TotalDraft cannot be held responsible for any incorrect, imprecise or invalid specification of information, human errors, postal delays, mailing costs, technical faults, including failures of public utilities or telecommunications, outage or any other defects and faults in the operation of telecommunication systems, the Internet, low connection speed, limited bandwidth and other issues associated with the operations of computer hardware, servers, providers or software (including, without limitation, the software and operations systems that prevent a player from taking part in a tournament), including, but not limited to any injuries, damage to any computer hardware and other equipment of a participant or any other person or entity in connection with or as a result of participation in a tournament; for inaccessibility of the website or any webpages that are a part of the website or linked thereto; theft, hacking, destruction of or unauthorised access to data of any kind; any data as may be processed untimely or improperly or be lost due to faults pertaining to the provision of telecommunication services, postal service, operation of computer hardware or any websites, or for any other reasons, and for any other errors and faults or combinations thereof.

TotalDraft shall not be held responsible for any incomplete, illegible, misdirected or stolen data. If, for any reason, a tournament cannot be held as it was initially intended, and if the tournament, the computer application or the website or any part thereof is damaged or prevents joining the tournament properly in accordance with the Terms of Use of the Website or effective tournament regulations or due to the influence of viruses or any other malware on the computer, errors, unauthorised interference, users' actions, fraud, technical faults or any other reason of any kind that, in the opinion of TotalDraft, impedes or adversely affects the administration, safety, fairness or due course of tournaments, TotalDraft reserves the right to disqualify any person involved with such actions and/or cancel, stop, alter or suspend the tournament and determine the winner(s) proceeding from the entire range of participants, at its own discretion. If a tournament is cancelled, stopped, altered or suspended for the abovementioned reasons, a notice of the incident is posted on the website.

Any attempt by any participant or any other person to damage the website or affect its functioning, including tournaments, constitutes a violation of criminal and/or civil law, and in such cases TotalDraft reserves the right to seek reparation of losses and any accompanying costs from such person in full accordance with the law.

All user accounts become a property of TotalDraft.

In order to be granted the right to participate in any tournament or win prizes, an Authorised Account Owner must provide, at the request of TotalDraft, additional documents and/or information for verifying the identity of the Authorised Account Owner and proof of the fact that all qualification requirements have been met. In case a questionable situation arises concerning the identification or rights of an Authorised Account Owner, TotalDraft shall use the information collected for the purpose of verifying the identity and/or rights of such person at its own discretion.

Compliance with the Terms of Use of the Website is a mandatory requirement for participation in any tournaments. Failure to comply with these terms may lead to disqualification and, if feasible, confiscation of the prize.

Participants and winners of tournaments consent to the usage of their names, voices and images within the boundaries of development, implementation, promotion and operation of any tournament or the website. Winners acknowledge that they confer the rights to advertising and promotional activities referred to above to TotalDraft from the moment of receipt of a notice of their status as a winner/potential winner by TotalDraft and until TotalDraft notifies them of the absence of such need.

TotalDraft reserves the right to relocate participants from the tournaments they have joined to other similar tournaments in certain situations as may be identified by TotalDraft at its own discretion.

Tournaments, actions and promotions

Prizes are only awarded if the respective tournament actually took place. TotalDraft reserves the right to cancel any tournament at any time. If a tournament is cancelled, all entry fees will be refunded to the participants who have joined it, except for the cases specifically provided for by the Terms of Use of the Website. Some tournaments held on the website feature a guaranteed prize pool. Each tournament or promotion campaign is governed by its own set of rules. We recommend you to familiarise yourself with these rules before taking part in a tournament or a promotion campaign.

Other legal restrictions in respect of games of skill

Tournaments offered by the website are games of skill. Winners are determined using a set of objective criteria specified in the Terms of Use of the Website, tournament rules and other documents pertaining to tournaments. Winners are selected from the entire participant pool of a tournament through the application of their skills and knowledge of the respective sports information and the rules of fantasy sport, thanks to which such persons can gain as many points as possible in accordance with the existing scoring system. The website and any tournaments held thereon may not be used of illegal gambling of any kind.

Tournament statistics and live scoring

Statistics displayed on the website in the live format during the game and any other information from the TotalDraft website and any associated sources of information is not official. Live scoring and its respective components are provided exclusively for familiarisation/information or entertainment and are not used for the determination of the official result in our tournaments. TotalDraft and the third parties that ensure the provision of these services shall exercise reasonable effort to ensure the accuracy and timeliness of the information provided on the website and the news portals linked thereto. TotalDraft and third-part suppliers bear no responsibility for the accuracy and completeness of any information transmitted or available at the website and the news sources linked thereto, and cannot be held responsible for any errors or inaccuracies in this information.

Tournament results

Results of tournaments and the distribution of the prize pool are calculated on the basis of the final statistical data and the number of points scored after the completion of the final match of each specific tournament. Prizes are awarded after the verification and evaluation of the results of the tournament. Announced results of a tournament are not subject to any changes, regardless of any adjustments that may be applied by the respective leagues after the results are published, except for changes made at the discretion of TotalDraft.

TotalDraft reserves the right to bar any user from participation in a tournament for any reason at its own discretion. Apart from that, TotalDraft may, at its own discretion, annul the result of a tournament, including head-to-head tournaments, for the purpose of preventing improper usage and/or any other unfair, insulting or potentially illegal activity or in case a risk of any such activity exists.

Prizes

Prizes are credited within 6 hours after the start of the last match of a tournament, except for the cases when this cannot be done in a timely manner due to a technical fault or for any other reason. The list of prizes is provided on the website. Any prizes won are credited automatically to the winner's account. In case of a draw game, prizes are divided equally between the winners who have scored the same number of points.

Distribution of the prize pool is published every time a new tournament is initiated. TotalDraft reserves the right to discontinue or suspend any tournament or a part thereof at its own discretion in case any viruses, bugs, unauthorised human interference or any other reasons that jeopardize the security, justice, integrity or proper functioning of a tournament or any part thereof are identified. TotalDraft may, but is not liable to notify its users of such changes.

Payment and withdrawal of prizes

The list of winners is published on the website. Users can withdraw their prize money using the "withdraw funds" option provided by the website. The minimum withdrawable amount is 1000 Russian roubles.

Withdrawal requests are processed within 14 business days, followed by a confirmation issued by e-mail. Advertising deposits, credits and other bonuses cannot be withdrawn from your account, unless the respective condition of the advertising campaign are met.

The winner of a tournament is fully responsible for all taxes payable on account of obtainment of any prize. In case the award of any prize to the winner of a tournament is challenged by any organisation, TotalDraft reserves the right to decide whether this prize is to be awarded or not at its own discretion.

Substitution of a prize or transfer thereof to another person is not allowed, except for the cases when TotalDraft reserves such right and substitutes the prize at its own discretion with a prize of similar or greater value, if the prize announced at an earlier stage is no more available. All prizes are awarded "as is", without any guarantees, express or implied (including, without limitation, any implied guarantees of suitability of a product for any purposes).

Upon a confirmation by TotalDraft, any requested funds will be withdrawn to the credit/debit card or any other means of payment that was used to deposit funds to the website. Funds can be withdrawn in no less than 72 hours after the deposit is made. TotalDraft may approve a withdrawal of funds to a different credit/debit card or other means of payment only after the withdrawal of an amount equal to or greater than the initial deposit from the initial source to such source.

Termination of the agreement containing these Terms and the consequences thereof

In addition to any other legal or reasonable reasons, TotalDraft may revoke any or all of your rights under this agreement without prior notice. In this case, your access to the site will be discontinued immediately. TotalDraft may revoke any previously issued password or account and bar you from accessing the website. Any such action does not affect any rights and liabilities that occurred before it was taken. All provisions of the Terms of Use of the Website cannot be terminated, stay in effect, including, without limitation, the provisions regarding ownership, disclaimers of guarantees, reimbursements and liability limitations.

Disclaimer of guarantees

The website, including, without limitation, all the content, software and functionality available thereat or received or sent from the website is provided "as is", "as available" and "with all errors". To the fullest extent permitted by the law, TotalDraft does not provide any statements, guarantees or representations of any kind (express or implied) regarding: а) the website; b) its content and software; с) the services available at the website or downloaded using the website ; d) notices or information sent by the users of the website; е) any products or services offered to third parties through the website or via hyperlinks; f) safety, as pertains to the transmission of confidential information through the website. TotalDraft does not guarantee that the website, any of its services or any other content will remain unchanged and will not contain any errors, that these errors will be rectified, that the sites or servers where the sites are located do not contain any viruses or other malware components.

TotalDraft does not guarantee that your activities or usage of the site is legal in any jurisdiction; in any case, TotalDraft disclaims such guarantees. You understand that by using any element of the site, you act at your own risk, and you guarantee that your activities are legal in every country where you use the website or the content thereof. Apart from that, TotalDraft disclaims any express or implied guarantees, including, without limitation, those concerning the absence of violations, merchantability, and suitability for specific purposes and ownership rights.

TotalDraft, Directors of the company, its officers, employees and their representatives are not responsible for the usage of the site, including, without limitation, its content or any errors it may contain. Some jurisdictions restrict and disallow the disclaimer of implied or other guarantees; therefore, the disclaimer stated above does not apply within the boundaries of such jurisdiction as pertains to this agreement.

Limitation of liability

You understand and consent to the fact that TotalDraft restricts its liability in respect of the usage of the site as stated below: under no circumstances shall TotalDraft and its Directors, officers, employees and their representatives (jointly referred to as the company's legal entities and individuals) be liable to you for any damage or losses of any kind (including, without limitation, any special, direct, indirect, accidental, typical, economic, penal or any other losses) related directly or indirectly to:

  1. the website, its content or the information you have downloaded;
  2. usage, unavailability or functioning of the website;
  3. any actions taken in connection to the usage of the website or its content within the boundaries of an investigation by the company or law enforcement agencies;
  4. any actions taken in connection to the owners' copyright;
  5. any errors or flaws in the usage of the website, even if these were identified and if the company's legal entities and individuals were aware of the potential infliction of damage, negligence or offence (including, without limitation, those caused in full or in part by negligence, natural disasters, telecommunication system failures or theft or destruction of the website).

Under no circumstances shall the company's legal entities and individuals be liable to you or anyone else for damage or harm, including, without limitation, injuries or death. Some jurisdictions prevent the exclusion or limitation of liability for accidental or indirect damage, so the limitations stated above may possibly not be applicable to you. Under no circumstances shall the company's legal entities and individuals be liable to you for all damage and losses in an amount exceeding one hundred dollars ($ 100). The company's legal entities and individuals are not responsible for any damage, any computer equipment owned by a user, hardware, software or any other equipment and technology, including, without limitation, the damage resulting from a security breach or any virus, error, forgery, fraud, flaw, bug, fault, defect or delay in the operation or data transmission, failure of a computer network, connection or any other fault, technical or otherwise. You access the website and use it at your own risk. If you are dissatisfied with the website or its content, stop using the site and its content.

You acknowledge and confirm that in case you incur any losses or damage caused by actions or omission, the damage inflicted upon you, if any took place in fact, is irreparable or sufficient for a court injunction forbidding the browsing of any website or other property of TotalDraft, and you will have no right to impose a prohibition or limitation on the production, supply, promotion, advertising or operation of any website of TotalDraft of other property thereof or the information you have downloaded, as well as any measures and actions associated therewith. Accessing the website, you acknowledge that you waive the right to any claims. In this manner, you give your consent to waive in the interests of any law that would otherwise restrict your waiver of such claims.

Intellectual property rights

The content of the website, including, but not limited to texts, software, scripts, graphic materials, photos, sounds, music, videos, interactive functions, trademarks, service marks and logos (hereinafter - the Intellectual Property) is a property of the COMPANY and is a copyright item, also subject to other intellectual property rights as provided for by international laws and conventions. The content of the website is provided "as is" for your information and for private use only, and may not be used, copied, reproduced, distributed, transferred, transmitted, sold or used in any way for any other purposes without prior written consent of the respective owners.

TotalDraft reserves all the rights to the website and the Intellectual Property, including those presented in an implied manner. You agree not to take part in the usage, copying or distribution of any components of the Intellectual Property except for those expressly permitted by this document. If you download or print a copy of the Intellectual Property for personal use, you must keep all the notifications of copyright and other notifications contained therein. You agree not to bypass, disable or otherwise interfere with the security system used in respect of the services or functions of the website that prevent or restrict the usage or copying or any Intellectual Property or impose restrictions on the usage of the website or the Intellectual Property it contains.

Some of the services may allow you to upload audio, video, textual, graphic and other materials (hereinafter - the User Materials) to the website). If you upload User Materials, you thus grant TotalDraft a non-exclusive, worldwide, gratuitous, fully sublicensed licence for the usage, distribution, modification, demonstration, archiving, publishing, sublicensing, reproduction, presentation, transfer, sale, translation and creation of any content using these User Materials, as well as your name, voice, image and other identifying data in any form in any media, software or using technologies of any kind as may exist at the moment or be developed in the future, including, without limitation, for the purpose of developing, promoting and selling products and services. You waive any moral rights you may have to the User Materials you have supplied. Apart from that, you acknowledge that any User Materials you provide to us do not contain any material that, in the opinion of TotalDraft, would be of improper, insulting, obscene, vulgar, illegal or any other unacceptable character (hereinafter - the Prohibited Content). Publishing any prohibited materials in addition to any other breach of the Terms of Use of the Website or any other regulations imposed by TotalDraft may cause your user account to be suspended or blocked completely. We respect your property rights to User Materials. If you owned the User Materials before these were uploaded to the website, you will retain ownership thereof after the upload as well, considering any rights granted within the boundaries of the Terms of Use of the Website and any access granted to other persons. If you delete the User Materials, our licence to the usage of these materials shall expire upon the expiration of a reasonable period of time required to discontinue the usage of such materials. However, User Materials may be kept in backup copies of the website, which are not publicly available. If your User Materials came to the disposal of third parties, these third parties may keep their copies of these materials. Apart from that, if we used your User Materials before you deleted these, we will retain the right to keep on using, copying, distributing and sublicensing these data even after the deletion thereof on your part. Closedown of your account does not imply automatic deletion of your User Materials.

We may refrain from using User Materials or delete these with no prior notice. However, we are not responsible for control over User Materials, and you acknowledge that the company's legal entities and individuals bear no responsibility for any information uploaded by users and for any damage or losses that may be caused by User Materials on the website. Except for as provided in the confidentiality policy, we cannot guarantee that User Materials will be unavailable to other persons or entities, even if such materials are password-protected. Respectively, you should not upload any User Materials that you wish to keep away from others to the website.

You state and guarantee that you have all the rights to provide the abovementioned licence to TotalDraft and that none of the User Materials you provide to us violates any third party rights (including intellectual property rights and rights to publicity or privacy) and is not at variance with the provisions of the effective legislation.

Miscellaneous

Nothing in the Terms of Use of the Website establishes or implies any relations of partnership, agency, trust or trust arrangement or a joint venture between you and TotalDraft. Third parties through which you have accessed the website or which provide links to the website do not bear any responsibility for the website and any content, software or services available at the website or sent through it.

If any provisions of these Terms of Use of the Website is recognised by a court of any jurisdiction as invalid, the invalidity of such provision shall not affect the validity of any other provisions of these Terms of use of the Website, which shall retain full force and effect. No refusal to comply with the Terms of Use of the Website shall be deemed valid. If you do not agree with the Terms of Use of the Website, please leave our website immediately. TotalDraft reserves the right to make amendments to these Terms of Use of the Website at any time and without prior notice to anyone, and staying up to date with any amendments to these terms is your personal responsibility. If you continue using the website or the services it offers after the application of amendments to the Terms of Use of the Website, this constitutes your automatic consent to all amendments.

Impossibility to observe any provisions of these Terms of Use of the Website due to force majeure circumstances, hurricanes, military actions, fires, riots, earthquakes, acts of terror, actions taken by government authorities beyond the control of TotalDraft (except for adherence to the effective standards and regulations) or other force majeure circumstances and events shall not be regarded to as a breach of these terms.

TotalDraft and other trademarks provided on the website are registered trademarks. You may not remove or alter any trademarks, trade names and labels, product names, logos, copyright or other items subject to copyright or proprietary right, symbols and icons on the website.

Mobile application

These Terms of Use of the Website shall also apply to the usage of the TotalDraft mobile application as soon as it is developed. These Terms are created as a supplement to the Licence Agreement available here: https://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/), which applies to mobile applications. However, in case of discrepancy between the Terms of Use of the Website and this Licence Agreement, provisions of the Terms of Use of the Website shall prevail. Any reference to the website in these Terms of Use of the Website also implies the mobile application as well.