Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to all associated sites owned or operated by the Open DPI, its subsidiaries and affiliates (the “Open DPI”) including, but not limited to, the Open DPI website currently located at www.opendpi.org (collectively, the “Site”). The Site is the property of the Open DPI and its licensors.

YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE CONTENT, SERVICES AND TOOLS OFFERED BY THE SITE, YOU HAVE AGREED, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS THAT MAY APPLY. If you do not agree with these Terms of Use, please do not use this Site.

Open DPI reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time, consistent with applicable law. It is your responsibility to check these Terms of Use periodically for changes. Open DPI will post a notification on this Site or otherwise provide notice to you if these Terms of Use materially change. Such changes, whether in the form of modifications, additions, or deletions, shall become effective when specified in the relevant notification. If you do not agree to the changes, do not continue to use this Site after the date they become effective. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Open DPI grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

1. Content & Intellectual Property

All fantasy-related player salaries, player usage statistics, historical player performance, stadium weather, lines, odds, betting percentages, betting systems, fantasy trends, fantasy systems, fantasy angles, homerun rate predictions, pitcher strikeout rate predictions, stadium trends, picks, articles, text, hidden text within source code, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, music, sounds, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned by the Open DPI or its licensors, and is protected by U.S. and international intellectual property and proprietary rights.

All trademarks appearing on this Site are the property of their respective owners, including, in some instances, the Open DPI and/or its partner companies. Nothing contained on this Site should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos owned by the Open DPI or by any third party.

When accessing this Site, you agree to obey the law and to respect the intellectual property rights of the Open DPI and others. You agree that you shall be solely responsible for any violations of any applicable laws and for any infringement of third-party rights caused by any Feedback (as defined below), User Content (as defined below), and PII (as defined below) that you provide or transmit to us.

All materials contained or distributed in this website (the “Materials”) are owned by the Open DPI or its licensors. Except for downloading one copy of the Materials on any single computer for your personal, non-commercial home use, you must not reproduce, modify, copy, publish, transmit, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of the Open DPI and, if applicable, any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or printing the Materials. Materials may not be used in any unauthorized manner.

2. Feedback & User Content

Any feedback, suggestions, questions, comments, ideas, notes, concepts, and other similar information relating to the Site or the Open DPI that you provide to the Open DPI (but excluding your PII) (collectively, “Feedback”) is deemed to be the Open DPI’s proprietary information. The Open DPI may use such Feedback for any purpose, including, but not limited to, improvement and modification of the Site, and the Open DPI shall own all rights, title and interest in and to the Feedback and such improvements and modifications.

This Site may contain message boards, profiles, and other interactive features that allow users to post, submit, publish, display, or transmit content and materials, including, but not limited to, photos, videos, other creative transmissions (“User Content”). All User Content must comply with the standards set out in these Terms of Use. By providing any User Content on this Site, you hereby grant to the Open DPI and its affiliates, and each of their respective licensees, successors, and assigns a non-exclusive, irrevocable, unrestricted, perpetual, transferable, worldwide and royalty-free and fully paid-up right and license to use, reproduce, modify, perform, display, distribute, and otherwise exploit the User Content for any purpose. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted above to the Open DPI and its affiliates, and each of their respective licensees, successors, and assigns. The Open DPI is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site.

The terms “Feedback” and “User Content” do not include any personally identifiable information, such as your name, e-mail address, physical address, phone number(s), and credit card information (collectively, “PII”) that you may provide to the Open DPI, and which is subject to the privacy standards set forth in the Open DPI’s Privacy Policy. To access parts of this Site or some of the resources it offers, you may be asked to provide certain information, including, but not limited to, PII. It is a condition of your use of this Site that all the information you provide on this Site, including, but not limited to, PII, is correct, current and complete.

3. Privacy

Open DPI’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

4. Third-Party Content, Links and Services

The Site may display content or tools provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase products or services (collectively, “Third-Party Content”). In consideration for the convenience of the Open DPI making this Third-Party Content available or accessible to you, you acknowledge that the Open DPI has not reviewed all of the Third-Party Content and that the Open DPI is not responsible or liable for any such Third-Party Content, including, but not limited to, the privacy practices of third parties offering such Third-Party Content; you must contact the third party directly for any remedies that may be available to you. Please be aware that access to any Third-Party Content does not constitute an endorsement by the Open DPI or any of its subsidiaries or affiliates of any third parties or Third-Party Content. Likewise, the Open DPI is not the seller of products purchased from third parties offering Third-Party Content and is in no way responsible for shipping their products. The Open DPI may from time to time engage certain affiliates or other third parties to provide all or part of the Services to you, and you hereby acknowledge and agree that such third party participation is acceptable.

If the Open DPI provides links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through the Open DPI’s links, please note that the information you post, transmit, or otherwise make available on those websites may be viewed by the general public. The Open DPI does not control User Content on social media homepages and is not responsible for any third-party use of your User Content that you have posted, transmitted, or otherwise made available there.

5. Monitoring; Copyright Complaints

You agree that the Open DPI has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in the Open DPI’s sole discretion, any Material and Content anywhere on this Site. Notwithstanding this right, the Open DPI does not and cannot review all Materials, User Content, PII, and Feedback submitted to this Site. If notified, the Open DPI may investigate an allegation that content transmitted to the Open DPI is in violation of these Terms of Use, and the Open DPI will determine whether to have the communication removed. However, the Open DPI is under no obligation to remove content and assumes no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of this Site, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.