TERMS of SERVICE
Acceptance of the Terms of Service (“TOS”)
Changes to the Terms of Service (“TOS”)
We may revise and update this TOS from time to time at our sole discretion. All changes to the TOS are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised TOS means that you accept and agree to the changes. You are expected to check this page from time to time when you access this Website, so you are aware of any changes, as they are binding on you.
ShipitNation.com and the Service, as defined below, are intended for use by persons who are at least 18 years old and where Daily Fantasy Sports is accepted. In jurisdictions, territories, and locations where the minimum age for permissible use of the Website is greater than eighteen (18) years old, you must meet the age requirements. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet the requirements herein and the requirements of the state or country that you reside in, you must not access or use the Website.
Description of Service
Through the Website, ShipitNation provides Users with numerous daily fantasy sports online resources, including various communication tools, software tools, reviews, guides, personalized content, and branded programming (collectively, the “Service”). ShipitNation provides Users with an interactive community (Discord) accessible through membership. Additionally, ShipitNation provides Users with daily fantasy sports and betting research, analysis, and news, including but not limited to daily fantasy sports or sportsbook reviews and odds information. ShipitNation does not take or place bets, and we are not a gambling or betting service provider. You understand and agree that ShipitNation assumes no responsibility for the timeliness, deletion, delivery, or failure to store any User communication or personalized settings. In addition, ShipitNation holds the rights to modify, discontinue, or suspend any aspect of the Service at any time. ShipitNation may also choose, without notice or liability, to limit or restrict access to portions or all of its features or any other aspect of the Service. You are responsible for obtaining access to the Service and all associated connection fees to the Internet or other Web connection (such as Internet service provider or airtime charges), as well as all equipment necessary to make such connection to the Service. You agree that you may not resell, lease, license, assign, or redistribute the Service or the Content (defined below), in whole or in part, to any third party. You further agree that you will not: (a) make any Service or Content available to, or use any Service or Content for the benefit of, anyone other than yourself, (b) sell, resell, license, sublicense, distribute, rent or lease any Service or Content, or include any Service or Content in a service bureau or outsourcing offering, (c) interfere with or disrupt the integrity or performance of any Service or third-party data contained therein, (d) attempt to gain unauthorized access to any Service or Content or its related systems or networks, (e) frame or mirror any part of the Service or Content, (f) access any portion of the Service or Content in order to build a competitive product or service, or (g) reverse engineer, decompile, modify or create any derivative work from any portion of the Service (to the extent such restriction is permitted by law).
Please note that the Service is strictly for entertainment and informational purposes. The Service is not to be used for or in conjunction with any illegal activities. You agree that ShipitNation and its parents, subsidiaries, affiliates, employees, agents, representatives, and assigns will not be liable or responsible for any User activity that may violate any law of the User’s jurisdiction. We do not represent or warrant that actions you take with regard to your account and related activities on the Service will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you within your jurisdiction and to act lawfully at all times when using the Service.
Service, Content and Tools Information
The Service contains information, advice, text, materials, Videos, podcasts, core lineups, and services (collectively, the “Content”) that are provided for your convenience and entertainment. Some portions of the Service or Content may require paid subscriptions to access. Third parties also provide some of the Content. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies, and that the Content may be subject to terms and conditions of third parties not directly under the control of ShipitNation. We make no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any Content and will not be liable for any lack of the foregoing.
The Service contains proprietary information, statistics, and projections, both original and from other third-party sources. Users of the Service may not engage in unauthorized spidering, “scraping,” data mining or harvesting of Content, or use any other unauthorized automated means to gather data from or about the Service.
Third-party advertisers may offer goods, services, and other materials to you on the Service. Your correspondence and business dealings with advertisers found on or through the Service including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties, and representations associated with such dealings, are solely between you and the advertiser. You agree that ShipitNation will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services, and other Content on the Service. Descriptions of, or references to products or publications within the Service, do not imply endorsement of that product or publication.
User Account, Password and Security
To access the ShipitNation Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
During the completion of the Service’s registration process, you will select an account username and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify ShipitNation of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. ShipitNation cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
We have the right to disable any user name, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this TOS.
A User may only have one (1) ShipitNation member account and shall only use the services offered by ShipitNation through their sole account. It is prohibited for a member to open multiple ShipitNation member accounts. In the event that we become aware of additional accounts being opened by a single member, we reserve the right to close additional accounts without notice, resulting in the forfeiture of any access to ShipitNations services on that account as well as any other linked accounts we may discover in the process of investigation.
You agree that ShipitNation may, under certain circumstances and without prior notice, immediately terminate your User account, profile, an associated email address, and access to the Service. Cause for such termination shall include, but is not limited to: breaches or violations of the TOS or other incorporated agreements or guidelines; requests by law enforcement or other government agencies; a direct request by the User; discontinuance or material modification to the Service, or any part thereof; unexpected technical or security issues or problems; and, extended periods of inactivity. Absent a request from the User, ShipitNation does not intend to terminate User accounts without good cause; however, you agree that any unilateral termination of the account by ShipitNation is ultimately a decision vested in ShipitNation sole discretion. ShipitNation shall not be liable to you or any third party for any termination of your account and associated loss of access to the email address, and access to the Service.
Disclaimer of Warranties
THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICE, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, “SHIPITNATION” AND ITS OFFICERS, EMPLOYEES, SUBSIDIARIES, AND AFFILIATES MAKE NO REPRESENTATION, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT:
- THE CONTENT ON AND PROVIDED THROUGH THE SERVICE;
- THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE;
- THE MATERIALS, MESSAGES, AND INFORMATION SENT FROM THE SERVICE BY USERS;
- ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR
SHIPITNATION DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. FURTHER, SHIPITNATION AND ITS SUBSIDIARIES AND AFFILIATES, WHERE PERMITTED BY APPLICABLE LAW, DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
SHIPITNATION AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
Limitation on Liability
EXCEPT AS WHERE LIMITED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SHIPITNATION BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE OR THE CONTENT, EVEN IF FORESEEABLE OR IF SHIPITNATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SHIPITNATION’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You use the Service and the Content at your own risk. ShipitNation will not be responsible for any loss you suffer as a result of your use or reliance upon the Service or the Content. By using the Service and the Content, you represent that you understand and acknowledge that the performance of individuals and teams in sporting and gaming contests is affected by many factors that are beyond ShipitNation ’ control. ShipitNation makes every effort to furnish accurate and complete information and data. However, ShipitNation does not warrant or guarantee the accuracy or completeness of any information and data contained within the Service and the Content.
You agree to defend, indemnify, and hold harmless ShipitNation and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees from any claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs, and expenses, including attorney’s fees out of or in connection with this TOS agreement, including, without limitation, your use of the Service and Content, your connection to the Service and Content, your violation of the TOS, or your violation of any rights of another.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, projections, text, displays, images, video, spreadsheets and audio, and the design, selection, and arrangement thereof) are owned or controlled by ShipitNation. They are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Service. Copying or storing any part of the Service or Content is expressly prohibited without prior written permission from ShipitNation or the copyright holder as identified on the Service or Content. Making unauthorized copies of Content found in the Website may result in the termination of your account, prohibition on the use of the Website, and further legal action.
ShipitNation and other service marks, trademarks, and logos displayed on the Service are the property of ShipitNation or its licensors. You agree not to display or use the ShipitNation intellectual property in any manner, without express written consent from ShipitNation. Elements of the Service including, but not limited to, the “look and feel” are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Service may be copied or retransmitted unless expressly permitted by ShipitNation.
By agreeing to the TOS, you agree and understand that ShipitNation may terminate use of the Service of subscribers and account holders who infringe the rights of copyright holders.
Governing Law; Jurisdiction and Venue
The Terms of Service “TOS” and the relationship between you and ShipitNation shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You irrevocably submit and consent to the exclusive jurisdiction and venue of the Michigan State courts in and for Oakland County, Michigan and the Federal courts in and for the Middle District of Michigan for any dispute arising out of, relating to or in connection with this TOS or your access or use of the Service and the Content. You waive any right to raise the defense of forum non conveniens.