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”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. BY USING THE SITE, YOU AGREE TO (1) BE BOUND BY THESE TERMS, (2) THE COLLECTION, USE, DISCLOSURE AND OTHER HANDLING OF INFORMATION AS DESCRIBED IN OUR PRIVACY POLICY AND (3) ANY ADDITIONAL TERMS, RULES AND CONDITIONS PROVIDED TO YOU FROM TIME TO TIME. If you do not agree with ANY of these Terms, you may not use any portion of the Site.
We reserve the right to update or modify these Terms at any time in our sole discretion, including without limitation, in order to comply with applicable law, and will post the effective date of any updates or modifications at the top of these Terms. Use of the Site by you after any modification to the Terms constitutes your acceptance of the Terms of Use as modified.
Click on one of the links below to go to the listed section:
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 privacy@sumersports.com.
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:
Please see our Privacy Policy that describes how we process and disclose the information we collect and process information in connection with cookies.
You must be at least 18 years of age to create an account on the Site. Please see our Privacy Policy for information on the processing of personal data relating to minors.
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.
Sumer FantasyBot Content: Subject to compliance with these Terms, you may provide input to the Sumer FantasyBot (“Input”), and receive output from the Sumer FantasyBot generated in response to your Input (“Output”). As between you and Sumer, to the extent permitted by applicable law, you will own any available right, title or interest in and to Input, and subject to these Terms, [Sumer hereby assigns to you any right, title and interest we may have in and to Output.] Due to the nature of machine learning, certain Outputs provided to you may be similar or identical to Outputs independently provided by the Sumer FantasyBot to others, and such Outputs will not be assigned to you pursuant to the foregoing sentence. You are responsible for ensuring your use of the Inputs, Outputs and Sumer FantasyBot does not violate any applicable law or regulation, or these Terms. We may use Inputs, Outputs and any other information you provide to the Sumer FantasyBot, and you hereby grant us a perpetual, irrevocable, non-exclusive, worldwide, transferable and sublicensable license to use and otherwise exploit such Inputs, Outputs and other information that you may provide (a) in connection with maintenance, development, use, operation, improvement or other exploitation of the Sumer FantasyBot or other products and services, (b) to comply with applicable laws or regulations, and/or (c) to enforce these Terms and our policies. Please see our Privacy Policy for additional information on how we process and disclose the information we collect in connection with the Sumer FantasyBot.
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.
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:
SumerSports LLC
Attn: Christa Hayes
109 Royal Palm Way,
Palm Beach, FL
Email: privacy@sumersports.com
To be effective, the notification must be in writing and contain the following information:
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:
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.
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.
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.
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.
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.
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.
You may request the deletion of your account at any time. If you would like to delete your account, please contact us at privacy@sumersports.com. 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.
These Terms, together with the Privacy Policy and any additional terms or conditions provided to you when using the Site, constitute the entire and exclusive and final statement of the agreement between you and Sumer with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Sumer with respect to such subject matter. These Terms, the Privacy Policy and the relationship between you and Sumer shall be governed by the laws of United States and the State of New York. All lawsuits arising from or relating to these Terms, the Privacy Policy or your access to or use or other exploitation of the Site shall be brought in state or federal courts located in New York County in the State of New York, United States, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Sumer to exercise or enforce any right or provision of these Terms or the Privacy Policy shall not constitute a waiver of such right or provision. If any provision of these Terms or the Privacy Policy is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Sumer and you as reflected in the provision, and that the other provisions of these Terms or the Privacy Policy remain in full force and effect. The section titles in these Terms or the Privacy Policy are for convenience only and have no legal or contractual effect. These Terms and the Privacy Policy will be interpreted without application of any strict construction in favor of or against you or Sumer. These Terms and the Privacy Policy shall remain in full force and effect notwithstanding any termination of your access to or use other exploitation of the Site. These Terms, the Privacy Policy, and any rights and licenses granted hereunder or thereunder, may not be transferred or assigned by you. These Terms, the Privacy Policy, and any rights and licenses granted hereunder or thereunder, may be assigned by Sumer without restriction. You hereby consent in advance to such assignment, which will become effective upon written notice to you, and accept that Sumer will not be liable for the performance of these Terms or the Privacy Policy following such assignment.
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 dca@dca.ca.gov. If you have any other questions or concerns regarding these Terms, or wish to make a complaint or a claim, please contact us at:
in writing at:
Attn: Christa Hayes
109 Royal Palm Way,
Palm Beach, FL 33480
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.
