Terms and Conditions
Terms and Conditions FantasyXL
The following terms and conditions apply to all activities of FantasyXL, Faktoma Ltd. 143 Triq Fleur - De - Lys, Birkirkara, Malta (following FantasyXL) advertised on our website www.fantasyxl.com. This terms and conditions are brought to the attention of all users through uploading them unto the website www.fantasyxl.com and form part of any agreement between users and us.
1.1 FantasyXL regards itself as a provider of a daily fantasy sports website enabling registered users to participate in daily fantasy sports as a contest of skills.
1.2 FantasyXL is registered with and approved by the Maltese gambling authority.
1.3 Your use of the website is deemed to signify that you have read and agreed to our Terms and Conditions.
1.4 FantasyXL offers the options to self-exclude and self limit to all users. If, at any point, the user thinky he is either spending too much time or money on using our services, the user has the option of either temporareliy or indefinitely stop using our services by either self-limiting or self-exclududing himself. Self-Limiting himself will allow the user to still use our services, within the boundaries set by the user. All users are free to access more information about self-limiting and self-excluding on our website.
2.1 Certain services in connection with the website are available only upon prior registration with us. Registration is free of charge. Each user is free to set up one account is his own name. Users are not permitted to either register nor control more than one account.
2.2 All users hereby declare that they are fully able and competent to enter into contractual obligations with us which are set forth in these Terms and Conditions and that the user will to abide by and comply with these terms. By registering an account with us, the user declares that:
he is of 18 years of age or older (21 years of age in some jurisdictions)
he will abide always by these Terms and Conditions and any other agreement between FantasyXL and the user regarding his use of the services provided by FantasyXL or any participation in games;
2.3 FantasyXL is entitled to block or disable any account of a user not in line with para. 2.2.
2.4 To register with the website users must supply a user name, a password, a valid email address, their full name and postal address.
2.5 FantasyXL is free to decline entering an agreement with a user. No user possesses any claim with regards to the registration with the website. We may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize.
2.6 The contract information underlying the contract between FantasyXL and the user will be displayed on the website after a contract has been concluded in a purchase information page. This page contains a list of all purchased products, their download links as well as a link to the generated invoice. The invoice(s) given to a user is / are also visible after the purchase in the personal area of ??the user.The Terms and Conditions are provided to all website users at any time via a link at the end of the page. Users are responsible for the archiving of the above-mentioned information accessible via the website for the purpose of proof, accounting or other purposes to a storage medium independent on the website.
3. Agreement concerning registration between FantasyXL and users
3.1 Registration itself, where necessary, is free of charge. However, FantasyXL will charge users for certain services after registration as stated on the website. Each user may maintain only one account with FantasyXL.
3.2 Registration is indefinitely. Aforesaid agreement can be terminated without prior without reason at any time at the sole discretion of FantasyXL.
3.3 Furthermore both sides are free to terminate aforesaid agreement under extraordinary circumstances in accordance with the law.
3.4 Users will keep their personal data up to date. Users will safeguard their account, keep access data confidential and avoid third parties accessing their accounts with the website. In case of a security breach users are obliged to notify FantasyXL without unnecessary delay.
3.5 Users will not publish content on the website which is:
(a) threatening, defamatory, subversive, xenophobe, discriminating, offensive, obnoxious, blasphemous, in violation data protection law or in any way covered by criminal law in the jurisdiction of the user.
(b) for which the user does not possess all necessary licences.
(c) is in violation of third parties’ copyrights.
(d) regarded as advertisement for another website.
(e) engaging or encouraging others in conduct with is regarded as criminal or in breach of any law or statute or third parties’ rights around the globe.
3.6 Users will not engage in unsolicited advertisement on the website or engage in activities which are meant to harm FantasyXL or its business interests. User will not use their account for any illegial activitiy, in particular with regards to fraud and money laudry. The user hereby agrees to fully indemnify and hold harmless FantayXL, its directors, employees, partners and service providers for any cost, expense, loss, damages, claims and liabilities howsoever caused that may arise in relation to his use of the website with regards to any illegial activity.
3.7 FantasyXL might be legally obliged to cooperated with law enforcement agencies in order to identify users in break of their obligations as stated in Para. 3.5.
3.8. FantasyXL shall be liable to the users in all cases of contractual and extra-contractual liabilities for intent or gross negligence in accordance with statutory provisions relating to damages or reimbursement of frustrated expenditure.
3.9 In other cases, FantasyXL`s liability only applies to a breach of a contractual obligation the fulfilment of which is a material prerequisite for the execution of the agreement and on whose fulfilment the user may generally rely; such liability shall be limited to the compensation of foreseeable and typical damages. In all other cases liability on the part of FantasyXL shall be excluded subject to liability for damages resulting from injury to life, limb or health.
3.10 Under no circumstances do we guarantee access to or quality of the website. FantasyXL does not accept liability for any loss of data, late or incomplete transmission of data connected with the use of this website. Content on the website might change anytime without prior notice.
3.11 Under no circumstances do we guarantee access to or quality of the website. FantasyXL does not accept liability for any loss of data, late or incomplete transmission of data connected with the use of this website. Content on the website might change anytime without prior notice.
3.12 Each user is responsible for filing and paying applicable taxes on any prizes. We do not provide tax advice nor is any statement made by FantasyXL meant to advice users of tax laws or tax regulations.
3.13 Users will indemnify FantasyXL against any third parties’ claim in connection with violating the user`s obligations as stated in Para. 3.1 to 3.12.
3.14 FantasyXL retains the right to close any user accounts and to confiscate any existing funds if evidence of abuse/fraud is found.
4. Deposits and prizes
4.1 Deposits and the prizes of users will be held in a separate, segregated account. These funds belong to each individual user, subject to review for evidence of fraud, verification or other prohibited conduct and FantasyXL will not use them to cover its operating expenses or for other purposes.
4.2 Any withdrawals will be made from this segregated account.
4.3 FantasyXL may limit the amount a user can deposit into his account.
4.4 If no transaction has been recorded on an user`s account for more than twelve (12) months, FantasyXL will charge a fee of 7,50 EUR per month starting from the month after the above-mentioned time limit. This charge will be in place until the balance amount of the user has been completely exhausted.
5. Rules of the games
5.1 FantasyXL offers games of skill. Winners are determined by the criteria stated in each contest's rules. For each contest, winners are determined by the individuals who use their skill and knowledge of relevant professional sports information and fantasy sports rules to accumulate the most fantasy points. Fantasy points are accumulated through the performance of individual athletes across multiple sports events.
5.2 Each contest has an entry fee listed in Euro. When the user opts to participate in a contest, that amount in Euro will be debited from the user`s account.
5.3 Users may not cancel any entries for any reason.
5.4 FantasyXL offers contests for a wide range of professional sports events generally taking place on a single day or at most a week.
5.5 After each contest ends, the tentative winners are announced. The users in each contest who accumulate the most fantasy points and comply with eligibility requirements and applicable rules will win prizes as set out in the published contest details.
5.6 Prizes are added to the winning users’ account balance. In the event of a tie, the prize is divided evenly between the tied users, unless otherwise specified.
5.7 For each contest, the entry fees and prizes will be announced in advance on the website.
5.8 Prize calculations are based on the results as of the time when final scoring is published. Once winners are initially announced, the scoring results will not be changed though FantasyXL reserve the right to make adjustments based on errors or irregularities in the transmission of information.
5.9 FantasyXL may make adjustments of results in the event of noncompliance with the Terms and Conditions.
5.10 Winners may at times be requested to return via email or regular mail an affidavit of eligibility or a publicity agreement by a specified deadline. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner.
6. Cancellation of Agreement for consumers domiciled within the EU according to Maltese law
6.1 Users have the right to cancel the contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date on which the user or a third party nominated by you, other than the carrier, take possession of the goods or services.
6.2 To exercise the user`s right of cancellation, please inform us
Faktoma Ltd. 143 Triq Fleur - De - Lys, Birkirkara, Malta
of your decision to cancel this contract. The user can optionally use the attached sample cancellation form. You can also fill out and submit the sample cancellation form or any other unique declaration, electronically, on our website. Once you have made use of this possibility, we will send you confirmation of the receipt of such cancellation immediately (e.g. by email). To guarantee the cancellation period it is sufficient to submit the notice of implementation of the right of cancellation before the cancellation deadline has expired.
6.3 Consequences of cancellation: If the user cancel this contract, we are obliged to repay all payments that we have received from you including delivery charges without delay and at the latest within fourteen days from the date on which the notice of cancellation of this agreement is received. We use the same means of payment for this repayment that you used in the original transaction, unless something else has been expressly agreed with you; in no instances will fees be charged for this repayment.
We may refuse to refund payments until we have received the goods again or until you have demonstrated that you have returned the goods, whatever is sooner. You must return or hand over the goods promptly and in any case no later than fourteen days from the date on which you have informed us about the cancellation of this agreement. The deadline is guaranteed, if you send the goods before expiration of the fourteen (14) day period.
The user must bear the direct costs of returning the goods. You will only be liable for any possible loss in value of the goods, if this loss in value is attributable to their unnecessary handling for testing, properties and function of the goods.
END OF INSTRUCTION ABOUT YOUR RIGHT OF CANCELLATION
7.1 All payments by users via the website will take place against the use of a payment method specified in more detail on the website.
7.2 All prices on the website are non-binding and can be adapted at any time. This includes both the actual price of the articles as well as the VAT valid at the time of the conclusion of the contract.
7.3 All users authorize FantasyXL to use the payment method selected by the user for each purchase of products or services on the website. In addition, the user agrees that his address and bank details (name, address, telephone number, account number, bank code) as well as his other payment data (in particular credit card data) may be forwarded to third parties for the purpose of processing the transaction and to ensure the handling of the transactions.
7.4 If the collection of due payments is not possible and this is based on reasons which are solely the responsibility of the user, the user shall be in default of payment without a warning being required. This may result in any re-charging charges and other charges and expenses which will be borne by the user.
7.5 If orders are paid via the SEPA direct debiting system, the user will receive a pre-information form for the load receipt. The pre-notification period is reduced to 5 days before the respective due date (or 2 days for recurring payments). In the case of so-called COR1 direct debits, the pre-notification period for users from the countries where this form of direct debit is offered is shortened to 1 or 2 days.
7.6 All users guarantee to ensure that their bank account covers the price of the product / services purchased. Costs incurred as a result of non-payment or rebooking of the direct debit shall be borne by the user as long as the non-payment or the repayment was not caused by FantsayXL
7.7 Depending on the country of issuance of the credit card used for the payment, conversion fees may be charged.
8. Risk Disclaimer
8.1 Each user expressly understands and agrees that his use of the website is at his own risk. All services are provided on a "as available" basis, without warranties of any kind, either express or implied.
9. IMPORTANT NOTICE
9.1 AS A CONDITION OF USE OF THIS WEBSITE AND ALL SERVICES OFFERED BY FANTASYXL, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, FANTASYXL AND ITS SUPPLIERS, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING:
(A) YOUR USE OF THE WEBSITE OR ANY OTHER CHANNELS;
(B) FANTASYXL`S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT;
(C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR ACCOUNT, EVEN IF NOT POSTED BY YOU; AND,
(D) ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU.
10.1 Intellectual Property Rights
10.1 All rights, including copyright and other intellectual property rights, concerning the website are owned by or licensed to FantasyXL or an affiliated third party.
10.2 Every use not covered by this Terms and Conditions is hereby prohibited.
10.3 Using the website and its contents grants no rights to the user in relation to the intellectual property rights of FantasyXL, or that of third parties, on the website or its contents. By submitting information or other content to the website the user confirms that he has the right to use the same and grants FantasyXL a right to use such materials at FantasyXL`s discretion in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the application.
10.4 By entering a contest, the user consents to the use of his name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation of the selected contest.
10.5 We reserve the right to make public statements about the users and winners, on-air, on the Internet, or otherwise, prior to, during, or following the contest. Users agree that FantasyXL 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 FantasyXL.
10.6 The user agrees that participation in and winning a prize in connection with a contest constitute complete compensation for his obligations under Para. 10.4 and 10.5. The user will not to seek a charge or a fee or will not impose other conditions. The rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
10.7 If found in breach of any obligation arising from this terms and conditions, in particular from 10.1 to 10.3, FantasyXL might take the necessary steps to safeguard its own interests, in particular to temporarily or permanently block or delete a user account, to temporarily or permanently frustrate access of a user to the application and to take legal action.
10.8 If a user is found to be in breach of his obligations as stated in 10.1 to 10.3, FantasyXL might refer the matter to local law enforcement agencies for further investigation. FantasyXL will cooperate with local law enforcement where legally obliged and where cooperation is deemed expedient by FantasyXL.
12. Limitation of Liability
12.1 FantasyXL seeks to limit its liability in connection with the following areas of the users use of our website:
a. Warrant that the software, games and the websites are fit for their purpose;
b. Warrant that the software, games and the websites are free from errors;
c. Warrant that the software, games and the websites will be accessible without interruptions.
12.2 FantasyXL is not liable for any loss, costs, expenses or damages, whether direct, indirect, special, consequential, incidental or otherwise, arising in relation to the users use of the website or his participation in any ofd the games offered on the wesite.
12.3 The user acknowledges that in the event of a malfunction of any of the games on offer on the website any bets made during such malfunctioning shall be void. Funds obtained from a malfunctioning game shall be considered void, as well as any subsequent game rounds with said funds, regardless of what game is played using such funds.
12.4 The user hereby agrees to fully indemnify and hold harmless FantayXL, its directors, employees, partners and service providers for any cost, expense, loss, damages, claims and liabilities howsoever caused that may arise in relation to his use of the website or participation in any of the games on offer on the website.
12.5 Nothing in these terms excludes or limits in any way liability which FantasyXL may have for death or personal injury caused by our negligence or the negligence of its employees, agents or subcontractors, nor for fraud or fraudulent misrepresentation.
13. Subject to Change
13.1 FantasyXL shall have the right, at its discretion, to change, modify, add or remove terms of this agreement at any time without notice. Changes shall be effective immediately. You agree to review this agreement periodically since subsequent use of the website shall constitute your acceptance of any changes.
13.2 FantasyXL shall have the right at any time to change or discontinue any aspect of the website including, but not limited to, the community areas, content, hours of availability and equipment needed for access to use. Such changes, modifications, additions or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions.
14.1 Only a registered user shall be entitled to enforce these terms and conditions. No third party shall be entitled to enforce any of these terms and conditions.
14.2 These terms and conditions are the sole contract in force between a user and FantasyXL in connection with the website and the services provided by that said website. These terms and conditions replace all other agreements in force up to date.
14.3 If any of these terms and conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these terms and conditions shall remain in full force and effect.
15.1 All agreement and their terms shall be construed according to Maltese law. The laws of the Republic of Malta shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
15.2 As far as legally permissible, the sole place of jurisdiction for all disputes in connection with any agreement shall be Birkirkara, Malta.
15.3 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the website; provided, however, that in the event of a conflict between such other terms and the terms of these Terms and Conditions, the terms of these Terms and Conditions shall control.
15.4 The European Commission offers consumers a means to resolve disputes between consumers and companies arising from the use of the internet for shopping purposes. Please visit http://ec.euopa.eu/consumers/odr/ to find out more and to take advantage of this offer.
15.5 FantasyXL hereby declares in accordance with the relevant EU laws on Alternative Dispute Resolution in Consumer Cases that FantasyXL in principle is not taking part in any Alternative Dispute Resolution in Consumer Cases, nor is FantasyXL currently taking part in any actual Alternative Dispute Resolution in Consumer Cases.
Last updated: April 2017