Terms of Service
SumerSports Terms of Service
Effective Date: November 3, 2023
Welcome to SumerSports. These are the terms of service (“Terms”) for the SumerSports website, the SumerSports FantasyBot, and other application(s) and related services (collectively, the “Site”) provided to you (“you” or “User”) and other users or customers (together with you, “Users”). The Site is owned and operated by SumerSports LLC, and its affiliates (collectively, “Sumer,” “we,” “us” or “our”).
Click on one of the links below to go to the listed section:
- Account and Access
- User Conduct
- Privacy and Cookies
- Intellectual Property
- Intellectual Property Infringement
- Accuracy and Appropriateness of Information
- Third Party Websites and Apps
- Indemnification and Release
- Warranties, Disclaimers
- LIMITATION OF LIABILITY
- Deletion; Termination
- Entire Agreement, Governing Law and Other Provisions
- Waiver and Severability
1. Account and Access
When creating an account on the Site, you acknowledge and represent that you have the legal capacity to enter into contracts and use our services in your jurisdiction. You are required to provide your name, email address and other information when creating an account (“Account”). You agree not to provide a false name, email address or other information, impersonate any person or entity or otherwise provide misleading information. You may establish, maintain, use and control only one account on the Site. Each account on the Site may only be owned, maintained, used and controlled by one individual. For the avoidance of doubt, users may not “co-own” accounts on the Site. In the event Sumer determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that Sumer may have, Sumer reserves the right to immediately suspend or terminate any or all of your accounts. When you register for the Site, we may use a third-party service provider to provide authentication services by sending a link to your registered email address or phone number that enables you to access your account. Sumer does not store any user passwords. You are responsible for protecting and maintaining the confidentiality of your login credentials and for restricting access to the Site. Sumer cannot and will not be liable for any loss or damage arising from your failure to comply with the foregoing sentence. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your account credentials, you agree to notify us immediately at email@example.com.
2. User Conduct
You agree not to access, use or otherwise exploit the Site or any content (including without limitation, Inputs and Outputs) provided through the Site to perform (or have performed) any activity that:
- constitutes an illegal or tortious act;
- harms other persons, including without limitation minors, or infringes their rights, including their right to privacy;
- involves content that is fraudulent, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, pornographic, obscene, unlawfully threatening, or unlawfully harassing to any individual or entity;
- includes political activism or the dissemination of propaganda;
- involves active commercial prospecting;
- violates any intellectual property rights or any other proprietary rights of any third party (including ours);
- accesses, uses, copies or otherwise exploits any portion of the Site or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms;
- uploads any content containing any virus, malware, ransomware or any other program that could damage data, software, or computer hardware;
- distributes advertising or unsolicited spam or incorrect warnings of viruses, defects, or similar material;
- transmits, stores, or uploads Inputs, hyperlinks or content that you do not have the right to provide, such as where such Input, hyperlinks or contents are in breach of confidentiality;
- reverse assembles, reverse compiles, decompiles, translates or otherwise attempts to discover the source code or underlying components of any models, algorithms and systems of the Site (except to the extent such restrictions are contrary to applicable law);
- uses Outputs or the Sumer FantasyBot to develop, train or improve any artificial intelligence, machine learning, deep learning or similar models that compete with the Sumer FantasyBot;
- uses the Sumer FantasyBot for purposes unrelated to fantasy sports or in a manner that drives the Sumer FantasyBot to act in a manner that contravenes our policies, including these Terms;
- uses the Sumer FantasyBot in a manner that attempts to circumvent any safety filters;
- uses the Sumer FantasyBot or any Output for automated decision-making that has legal or similarly significant effects on individuals, unless done so with sufficient human review and in compliance with all applicable laws and regulations;
- generates any Output that is intended to misinform, misrepresent or mislead, including without limitation, representations that any such Output was human-generated or approved by Sumer; or
- generates any Output from the Sumer FantasyBot that would, or would facilitate or promote, violation of these Terms.
3. Privacy and Cookies
5. Intellectual Property
Site Content: The Site, including, without limitation, text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components, and the design, selection, and arrangement of content provided through the Site (collectively, the “Materials”) is exclusively the property of Sumer (or its licensors) and is protected by copyright, trademark and other intellectual property laws. Any unauthorized use or other exploitation of the Site or any Materials is strictly prohibited and may violate copyright, trademark, and other laws. You may not copy, reproduce, display, duplicate, sell, publish, post, license, distribute, or create derivative works of the Site (or any part thereof) or any Materials without the prior written consent of Sumer.
User Feedback: You may choose to submit comments, bug reports, ideas or other feedback about the Site (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use, disclose and otherwise exploit such Feedback at our discretion, without providing notice or compensation to you. You hereby grant us a perpetual, irrevocable, non-exclusive, worldwide, transferable and sublicensable license under all rights necessary for us to use and otherwise exploit your Feedback for any purpose.
Reservation of Rights: Except as expressly set forth herein, your use of the Site does not grant you ownership of or any other rights with respect to any Materials, Outputs, or any intellectual property rights. We reserve all rights that are not expressly granted to you in these Terms.
6. Intellectual Property Infringement
Complaints. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe we are hosting your content in a way that constitutes copyright infringement, you can report this by contacting us at:
Attn: Christa Hayes
109 Royal Palm Way,
Palm Beach, FL
To be effective, the notification must be in writing and contain the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
- A description of the copyrighted work or other intellectual property right that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the website, with enough detail that we may find it;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice. If you believe your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your content, you may send a written counter-notice containing the following information to the notice address above:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the New York Federal Court District, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by us, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Site and/or terminate the memberships of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
Infringement by Outputs. Due to the nature of machine learning, Outputs generated by the Sumer FantasyBot may incorporate third-party content or materials, and we make no representation or warranty with respect to the non-infringement of third party intellectual property rights by any Output. Any use or reliance on Outputs by you is done solely at your own risk, and subject to all of these Terms, including without limitation, the warranty disclaimers, indemnification and release, and limitation of liability as provided herein.
7. Accuracy and Appropriateness of Information
We do not represent the completeness, timeliness, truthfulness, accuracy, or reliability of any Outputs, Materials or other content contained in the Site, nor do we endorse opinions expressed in any such Output, Material or content. Outputs, Materials and any other content on the Site are provided for general information only, “AS IS” and should be independently reviewed and verified by you. If you use or rely on any Outputs, Materials or other content received through the Site, you do so solely at your own risk and agree to not use or rely upon such Outputs, Materials or other content without consulting more accurate, more complete or timelier sources of information, including without limitation, human review. You acknowledge and agree that machine learning sometimes produces inaccurate or incomplete results, or “hallucinations” which are responses that appear to be true, but are in fact based on fabricated facts. Furthermore, by using the Site, you may be exposed to content that you find offensive, deceptive, mislabeled, or otherwise inappropriate. The Site is not affiliated with or sponsored by the National Football League.
8. Third Party Websites and Apps
The Sumer FantasyBot is provided in partnership with Brilliantly AI, and access is granted via login with your social media account. The Site may also contain links to external, third party websites, applications and features for your convenience. All third party partners, websites and applications will be governed by the privacy and other practices of such applicable third parties. We shall have no liability for any content, information or other material provided to or by such external, third party websites, applications and features.
9. Indemnification and Release
To the maximum extent permitted by applicable law, you agree to release, indemnify, defend, and hold harmless Sumer and each of its affiliates, and its and their shareholders, members, directors, officers, employees, representatives, consultants, agents, suppliers, licensors, predecessors, successors and assigns, from and against any and all claims, demands, complaints, actions, liabilities, damages, losses, costs, judgments, settlements, fines, penalties, expenses, or fees (including, without limitation, reasonable attorneys’ fees and costs) that arise out of or in connection with (a) any violation of these Terms, including without limitation, your access to or use of the Site in violation of these Terms, (b) your misuse of any material, data, or other information obtained through the Site, (c) any allegation that you have infringed or otherwise violated the intellectual property or other proprietary rights of any third party in connection with your use of the Site, or (d) any violation by you of applicable law. Sumer reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and, in such case, you agree to cooperate with Sumer in the defense of such claim. If you are a resident of another jurisdiction other than the United States of America, you agree to the foregoing and waive any comparable statute or doctrine to the fullest extent permitted by law in that jurisdiction. This indemnity and release obligation survives the termination or expiration of these Terms.
10. Warranties, Disclaimers
Your access to and use and other exploitation of the Site, Outputs or any Materials is at your own risk. You understand and agree that the Site, Outputs and Materials are provided to you on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted under applicable law, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT (PROVIDED THAT, IN CERTAIN JURISDICTIONS WHERE THE LAW MAY NOT PERMIT THE DISCLAIMER OF ALL WARRANTIES, THIS DISCLAIMER SHALL BE DEEMED TO BE AS BROAD AS PERMITTED UNDER APPLICABLE LAW). No minimum level of service is guaranteed. To the maximum extent permitted under applicable law, we make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Site, Outputs or any Materials; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, Outputs or any Materials; (iii) the deletion of, or the failure to store or to transmit, any Inputs, Outputs, Materials and other communications maintained by us; and (iv) whether the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through the Site, will create any warranty or representation not expressly made herein. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in. The failure of Sumer to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sumer (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE (ii) ANY CONDUCT OR MATERIALS OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (iii) ANY OUTPUTS OR MATERIALS OBTAINED FROM THE SITE. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHERWISE LIMIT THE APPLICABILITY OF SOME OF THE LANGUAGE ABOVE. ACCORDINGLY, IN SUCH JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND THE LIABILITY OF SUMER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THESE TERMS.
We are not permitted to engage in any transactions with any person, entity, or country prohibited by any applicable export control and sanctions laws and regulations of the United States and any other applicable governmental authority, including without limitation, the U.S. Export Administration Regulations and U.S. sanctions regulations (“Export Control and Sanctions Laws”); including, without limitation: (a) a national or resident of any country subject to U.S. sanctions or similar restrictions (currently, Cuba, Iran, Syria, North Korea, Russia, and the regions Crimea, the Donetsk People’s Republic and the Luhansk People’s Republic) and (b) anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or other sanctions lists. We reserve the right to update the list of prohibited jurisdictions and reject applications to open accounts that we determine we would be unable to accept for regulatory or policy reasons in our sole and absolute discretion.
13. Deletion; Termination
You may request the deletion of your account at any time. If you would like to delete your account, please contact us at firstname.lastname@example.org. We may terminate or suspend your account or restrict your access and use of the Sumer FantasyBot for any reason (or no reason) without prior notice to you, including but not limited to if we suspect that you are using your account is being or the Sumer FantasyBot in an unauthorized manner or in violation of these Terms. However, where and to the extent required by applicable law, we will provide you with a reasonable prior notice of such termination or suspension. In the event of termination of your account or restricted access to the Sumer FantasyBot, you (i) may no longer have access to information in your account or content provided to you by the Sumer FantasyBot, (ii) acknowledge that we have no obligation to maintain any such information, and (iii) shall immediately cease and desist all activities and rights granted to you under these Terms. Termination shall be without prejudice to your accrued rights and/or liabilities. Any provisions in these Terms which expressly survive, or by their nature would be intended to survive, termination or expiration of these Terms, shall survive the termination or expiration of these Terms.
14. Entire Agreement, Governing Law and Other Provisions
Notice for California Users. Under California Civil Code Section 1789.3, Users of the Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Platforms of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact the California Department of Consumer Affairs at email@example.com. If you have any other questions or concerns regarding these Terms, or wish to make a complaint or a claim, please contact us at:
- by email at firstname.lastname@example.org
in writing at:
- SumerSports LLC
Attn: Christa Hayes
109 Royal Palm Way,
Palm Beach, FL 33480
15. Waiver and Severability
No delay or omission by Sumer in exercising any right under these Terms or against any User not in compliance with these Terms will operate as a waiver of that or any other right. If any part of these Terms is held invalid or otherwise unenforceable by a court of competent jurisdiction, then that portion of the Terms will be enforced to the maximum extent permissible and will not affect the enforceability of the remaining Terms.