Billing Terms and Conditions
DailyFantasyCafe.com ("DFC", "we", "us" and "our") provides it's "Premium Service" (as defined herein) to you (also "User"), subject to the following Billing Terms of Service ("BILLINGTOS"), which may be updated by us from time to time at our sole discretion without notice to you. Please read the BILLINGTOS completely before purchasing a Premium Service (Premium Content, Advanced Tools or Professional), using our web site and internet forums. We recommend that you refer to the BILLINGTOS from time to time to help make sure you are aware of changes to this BILLINGTOS.
This terms and conditions of use agreement ("Agreement") applies to the websites and services (as defined below) which are owned and operated by Daily Fantasy Cafe Inc By accessing this Website you are agreeing to the terms and conditions that appear below. If you have any comments or questions please contact us at Daily Fantasy Cafe Inc, 5319 University Dr. #175, Irvine, CA 92612.
This Website and services are provided by Daily Fantasy Cafe Inc below ("Provider", also referred to as "we", "us" and "our") whose registered office is at 5319 University Dr. #175, Irvine, CA 92612.
1. Introduction and definitions. The Premium Services offered by Provider through the Website include any paid features, content, or applications offered or made available from time to time by Provider and/or its licensors in connection with the Website (collectively, the "Premium Services"). The Premium Services may be hosted inside or outside of the United States." Website Member" means a private individual who either: a) has subscribed to or registered with the Website; or b) is expressly entitled to access the Website and the Services by virtue of subscription to another product or service provided by Daily Fantasy Cafe Inc in accordance with the terms and conditions thereof. "User" means a Visitor or a Website Member. "Visitor" means anyone using the Website who is not a Website Member."Websites" means the websites (including their constituent pages) with their home pages as set out below:www.dailyfantasycafe.com; and any other websites or electronic media sites or services from time to time (whether designed for access by mobile or fixed devices or otherwise), owned or operated by Daily Fantasy Cafe Inc as may link to these Terms and Conditions from time to time (and "Website" means any one of them).
2. Acceptance.
This Agreement sets forth the legally binding terms for your use of the Premium
Services. By using the Premium Services, and in consideration of Provider
providing the Services to you, you agree to be bound by this Agreement, whether
you are a Visitor or a Website Premium Member. Only Website Premium Members are
entitled to access areas of the Website restricted to Website Premium Member
only access except and to the extent that Provider otherwise expressly consents
in writing. You are only authorized to use the Premium Services (regardless of
whether your access or use is intended) if you agree to abide by all applicable
laws and to this Agreement. Please read this Agreement carefully and save it.
If you do not agree with it, you should leave the Website and discontinue use
of the Premium Services immediately. If you wish to register to become a
Website Premium Member, and make use of the Premium Services available only to
Website Premium Members, you must read this Agreement and indicate your
acceptance during the registration and purchase process. Availability of the
Website will commence on a date determined by Provider.
3. Modification.
Provider may modify this Agreement from time to time and such modification
shall be effective upon posting by Provider on the Website. The BILLINGTOS can
be viewed at any time at https://www.dailyfantasycafe.com/billingterms/. You
agree to be bound by any changes to this Agreement when you access the Website
or use the Premium Services after any such modification is posted. If you do
not agree to be bound by them, you should not use the Website or the Premium
Services.
4. Free Trial.
You agree that if you don't cancel within the 7 day free trial period, your
subscription starts and you will be billed. The 7 day free trial starts on the
date and time the Submit button is clicked and Payment is processed. You
understand that full nor partial refunds will be provided.
5. Cancellation.
You can cancel at anytime. Login to your account. Click on My Dashboard in top
right corner. Click on Billing Tab. Click the Cancel Subscription button and
confirm. You will receive a cancellation email and your credit card will be not
be charged on the next billing date.
6. Refunds.
Refunds of any kind are not provided unles there is a mistake in you being
charged in accordance with the BILLINGTOS.
7. Privacy.
Use of the Website and the Services is also governed by our Privacy Policy,
found at https://www.dailyfantasycafe.com/privacy/ which is incorporated into
this Agreement by this reference.
8. Disclaimers.
Provider is not responsible for any incorrect or inaccurate content posted on
the Services or the Website or in connection with the Website or the Services,
whether caused by Users of the Website or the Services or by any of the
equipment or programming associated with or utilized in the Website or the
Services. Profiles created and posted by Website Members on the Website or the
Services may contain links to other websites although we are not responsible
for any User generated links or linked-to content. Provider is not responsible
for the content, accuracy or opinions expressed on such websites, and such
websites are in no way investigated, monitored or checked for accuracy or
completeness by Provider. Inclusion of any linked website on the Website and
the Services does not imply approval or endorsement of the linked website by
Provider. When you access these third-party sites, you do so at your own risk.
Provider takes no responsibility for third party advertisements which are
posted on the Website or through the Services, nor does it take any
responsibility for the goods or services provided by its advertisers. Provider
is not responsible for the conduct, whether online or offline, of any User of
the Website or the Services. Provider assumes no responsibility for any error,
omission, interruption, deletion, corruption, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized
access to, or alteration of, any User communication or any content provided
through the Website. Provider is not responsible for any problems or technical
malfunction of any telephone network or lines, electronic networks, computer
online systems, servers or providers, computer equipment, software, failure of
any email or players due to technical problems or traffic congestion on the
Internet or on any of the Services or combination thereof, including any injury
or damage to Users or to any person's computer related to or resulting from
participation or downloading materials in connection with the Website or the
Services. Under no circumstances shall Provider be responsible for any loss or
damage resulting from use of the Website or the Services, attendance at an
event organized through the Website or the Services, from any content posted on
or through the Website or the Services, or from the conduct of any Users of the
Website or the Services, whether online or offline. The Services are provided
"AS-IS" and as available and Provider makes no representations or warranties of
any kind as to the Website, the Services or the content thereof, including
without limitation, as to availability of the Website and/ or Services for
access and use. In particular Provider expressly disclaims all warranties of
fitness for a particular purpose, accuracy, completeness or non-infringement.
Provider cannot guarantee and does not promise any specific results from use of
the Website and the Services. Nothing in this Agreement shall be construed as
limiting or excluding Provider's liability for death or personal injury caused
by its negligence.
10. Choice of law and Jurisdiction.
This Agreement shall be governed by and interpreted in accordance with English
law and you irrevocably agree that the courts of England and Wales shall
(subject to the paragraph below) have exclusive jurisdiction to settle any
dispute which may arise out of, under, or in connection with the Agreement.
Nothing in this clause limits the right of Provider to bring proceedings
against you arising out of or in connection with the Agreement (a) in any other
court of competent jurisdiction or (b) concurrently in more than one court of
competent jurisdiction.
11. Indemnity.
You agree to indemnify and hold Provider, its subsidiaries, and affiliates, and
their respective officers, agents, partners and employees, harmless from any
loss, liability, demand, claim or legal proceedings brought or threatened,
including expenses of any character suffered or incurred arising out of your
use of the Website or the Services in violation of this Agreement, and/or
arising from your use of or conduct on the Website or in use of the Services
and/or a breach of this Agreement.
12. Advertising and Sponsorship.
The Website may contain advertising and sponsorship. Advertisers and sponsors
are responsible for ensuring that material submitted for inclusion on the
Website complies with applicable laws, codes and regulations. We exclude to the
fullest extent permitted by law any responsibility for any error or inaccuracy
appearing in any advertising or sponsorship material. Your dealings with any
third parties, in particular advertisers and/or merchants, through the services
provided by the Website and any terms, conditions, warranties or
representations with such third parties are solely between you and such third
party. You agree that we are not liable for such dealings, and you agree to
indemnify us in the manner referred to above in the Agreement in relation to
such dealings.
13. Termination.
13.1 We may terminate the provision of the Website or the Services or restrict
your access to them and/or terminate your Website Premium Membership without
any prior notice to you where (by way of example and without limitation): (1)
there is a regulatory or statutory change limiting our ability to provide the
Website and/or the Services; (2) any event beyond our reasonable control
prevents us from continuing to provide the Website or the Services (for
example, without limitation, technical difficulties, capacity problems and
communications failures); (3) we consider in our sole discretion that you are
abusing the Services provided by the Website or are otherwise acting in breach
of the Agreement;
13.2 If we give you notice that we will increase the price of your subscription
and you do not wish to continue with your subscription you should let us know
within four weeks and we will cancel your subscription.
13.3 You have the right to cancel your subscription or registration.
13.4 To cancel your subscription you must Login to your account. Click on My
Dashboard in top right corner. Click on Billing Tab. Click the Cancel
Subscription button and confirm. You will receive a cancellation email and your
credit card will be not be charged on the next billing date.
13.5 Your subscription or registration will commence at the time and date on
which your registration or subscription processing is complete and will
continue unless we terminate it or you cancel it in accordance with this
clause.
13.6 As this is a shared service with other Users, you agree that if the demand
for the Services provided by the Website is in excess of our ability to meet
the capacity, we may either share the capacity among all Users or we may give
you notice by e-mail that the provision of the Website will terminate. Any such
termination will not affect your accrued liabilities incurred prior to any such
termination.
13.7 We may change, suspend or discontinue any aspect of the Website and/or
Services at any time including the availability of any feature of or other
content in the Website.
13.8 We reserve the right to offer the Website and/or Services only to
residents of certain territories. We may terminate registrations of anyone who
is not a resident of those territories.
13.9 Where you have purchased your subscription to the Website through a third
party commencement and cancellation provisions may apply as may be notified to
you by that third party at the time of purchase. Your dealings with any third
party and any terms, conditions, warranties or representations with such third
parties are solely between you and such third party. You agree that we are not
liable for such dealings, and you agree to indemnify us in the manner referred
to above in the Agreement in relation to such dealings.
14. General Site Terms and Conditions.
This agreement operates alongside the general terms and conditions for site use
as can be found from the link on the bottom of the DFC website and these
pre-existing terms are also applicable. In the event of dispute between the
terms, the pre-existing terms and conditions take precedent.