By using the Draft Nation website (‘DN’), you agree to be bound by these Terms of Service and to use DN in accordance with them, the Privacy Policy, and any additional terms and conditions that are referenced herein or that may apply to specific sections of DN, or to products and services that are available to you through DN (all of which are deemed part of these Terms of Service). Accessing DN, in any manner, whether automated or otherwise, constitutes use of DN and your agreement to be bound by these Terms of Service. Your accessing of DN for the limited and exclusive purpose of reviewing the Terms of Service does not constitute ‘use’ of DN or agreement to be bound by the Terms of Service unless you further access DN.

We reserve the right to change these Terms of Service or to impose new conditions on the use of DN and if we do then we will post the revised Terms of Service on this website and update the date to reflect the last update date for the Terms of Service. Any material change will not be enforced retroactively unless we notify you by posting a prominent notice of the change on the home page of DN or otherwise notify you of the changes so that you may elect whether to accept the changes to DN’s Terms of Service or terminate your account. By continuing to use DN after the posting of such changes or notification of material changes, you accept the Terms of Service as modified.

We also reserve the right to deny access to DN or any features thereof to anyone who violets these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy DN or infringes on the rights of others.

Restrictions on Use

DN and all the materials on DN are the sole property of DN and/or our affiliates, and are protected by copyright, trademark, and other intellectual property laws. DN is provided solely for your noncommercial and personal use. You may not use DN or its materials in a manner that constitutes an infringement on our rights or that has been authorized by us. Unless explicitly authorized in the Terms of Service or by the owners of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or otherwise distribute in any manner or medium (including by email or other electronic means) material from DN. You may, however, from time to time, download and/or print one copy of individual pages of DN for personal and noncommercial use provided that you keep intact all copyright and other intellectual property notices. 

Copyright Infringement

Notwithstanding the intellectual property rights of DN, if you believe that any material contained on DN or its affiliates infringes on your copyright, you should notify DN of your copyright infringement claim in accordance with the following procedures:

DN will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (‘DCMA’) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this site’s Designated Agent:

To be effective, notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

1. Physical or electronic signature of a person authorized to act on behalf of the party claiming an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled pending information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or agents;

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Trademark and Patent Information

DN and related logos are trademarks of DN in the United States. Other trademarks and patents are as designated on this website. All other companies, product, or service names may be trademarks or registered trademarks of their respective owners.

Privacy

We respect the privacy of everyone who uses DN. Please review our Privacy Policy for full details. These Terms of Service include and fully incorporate our Privacy Policy.

Username and Password Responsibility

To use or access certain features or services on DN you will need to create an account with a username and password. We reserve the right to reject or terminate the use of any username that we deem inappropriate or offensive. You are responsible for maintaining the confidentiality of your password and account and are responsible for all activities that occur under your password or account whether or not it was by you. You also agree to notify us immediately of any unauthorized use of your password or account or any other breach of security and to ensure that you exit from your account at the end of any session on a public device. DN is not liable for any loss or damage arising from your failure to protect your password or account information.

Subscriptions

Certain services of DN may require you to sign up for a subscription in order to access them (‘Subscription’). Subscriptions may be purchased by clicking on the subscription term that you wish to subscribe to and then following the prompts that appear. You may check and correct any input errors in your purchase up to the point at which you submit your purchase request by clicking the ‘Subscribe’ button on the checkout page. By clicking that ‘Subscribe’ button you acknowledge that you enter into an obligation to pay for the Subscription and a contract will be formed between you and DN in relation to the Subscription.

When you sign up for a Subscription you will be charged a subscription fee based on the Subscription you select and the length of your Subscription (the ‘Subscription Term’). The subscription fee for the Subscription (‘Subscription Fee’) will be charged to you in advance as further described below. We may add new subscriptions or services for additional fees and charges, or amend fees and charges for existing services, at any time, but we will notify you before any change comes into effect so you can decide if to accept the change or terminate your subscription.

By signing up to a Subscription you agree to pay the Subscription Fee and any other charges you incur in connection to your account for your Subscription including any applicable taxes at the rates in effect when the charges were incurred. 

Auto Renewal of Subscriptions

Your Subscription will be automatically renewed at the end of each Subscription Term and your Payment Method (defined below) will be charged for the next Subscription Term. If you wish to cancel the auto renewal of your Subscription for the following Subscription Term, you must cancel your plan through your account page at least one (1) day prior to the end of your then-current Subscription Term. DN may change the Subscription Fee upon notice to you, but such change will only take effect once your then-current Subscription Term has ended. If you do not wish to pay the new Subscription Fee, your only remedy will be to cancel your Subscription for the following Subscription Term prior to the expiration of your then-current Subscription Term.

Cancellation; No Refunds

You may cancel your Subscription at any time on your account page however there are no refunds for cancelation. If you cancel before the end of your Subscription Term you will have access to your account for the remainder of the Subscription Term. In the event that DN suspends or terminates your account for the breach of these terms, you acknowledge and agree that you will receive no refund or exchange for any unused time on a Subscription, any Subscription Fees for any portion of the Subscription, any Content associated with your account, or anything else.

Payment Method

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive the payment from you on time, you agree to pay all amounts due on your Billing Account upon demand. If you do not pay us charges you own on time, including if any correct charge to your credit or debit card is not authorized, we may suspend or terminate your access to your Subscription (and we reserve the right to pursue any available legal remedy to collect the amount owed by you). However, charges will continue to be incurred until your Subscription is canceled.

Reaffirmation of Authorization

Your non-termination or continued use of a Subscription reaffirms that we are authorized to charge your Payment Method for the applicable Subscription Fees. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected your Subscription or as your payment terms may be amended thereafter.

Current Information Required

You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate such as changes in billing address, credit card number or credit card expiration date, and you must promptly notify us or your Payment Processor if your Payment Method is canceled (e.g. for loss or theft), or if you are aware of a potential breach of security such as the unauthorized disclosure or use of your username or password. Changes to such information can be made in your account settings. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of your Subscription under our billing account unless you have terminated your Subscription as set forth above.

Promotional Discounts and Free Trials

DN may offer discounted Subscriptions from time to time subject to the terms under which they are offered (as indicated in the relevant promotion). Any free trial or other promotion that provides access to a Subscription before must be used within the specified time of the trial. You must cancel your Subscription before the end of the trial period in order to avoid being charged for that Subscription. If you cancel prior to the end of the trial period and are inadvertently charged for a Subscription, please contact us at 

Suspension and Termination of Access

We reserve the right to terminate the use of any username or account or to deny access to DN or any features thereof to anyone who violates the Terms of Service or who in our sole judgment interferes with the ability of others to enjoy DN or infringes upon the right of others. 

Modifications or Discontinuation of DN

DN reserves the right to at any time to modify or discontinue, either temporarily or permanently, DN or any portion thereof with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of DN or any portion thereof.

Disclaimers

Throughout DN we have provided links and pointers to internet sites maintained by third parties. The simple act of doing so does not in any way imply an endorsement or sponsorship of such sites, the information on them, or the products or services offered on or through the sites. In addition DN nor any of our affiliates operate or control in any respect any information, products or services that third parties may provide on or through DN or on websites liked to by us on DN.

Indemnification

To the fullest extent allowed by applicable law, you agree to indemnify and hold DN, it’s affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of DN’s services (including any actions taken by a third party using your account), and (b) your violation of these Terms of Service. In the event of such a claim, suit, or action (‘Claim’) we will attempt to provide notice of the Claim to the contact information that we have for your account provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder. 

Assignment

You may not assign, delegate, or transfers these Terms of Services or your rights and obligations hereunder, or your DN account, in any way (by operation of law or otherwise) without DN’s prior written consent. We may transfer, assign, or delegate these Terms of Service and our rights and obligations without consent.

Governing Law and Forum

All matters relating to access to DN shall be governed by the laws of the Commonwealth of Pennsylvania and the United States, without regard to conflict of laws, provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. Unless waved by DN at our sole discretion, the jurisdiction and venue for actions related to the subject matter hereof shall be the Commonwealth of Pennsylvania and the United States Federal Courts of Pennsylvania. 

Miscellaneous

The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.

You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of DN and you do not have the authority of any kind to bind DN in any respect whatsoever.

These Terms of Service are the complete and exclusive statement of the mutual understanding between you and DN, and these Terms of Service supersede and cancel all previous written and oral agreements and communications relating to the subject matter of the Terms of Services.

If any of these Terms of Service are held to invalid, unenforceable, or illegal, the remaining portions of the Terms of Service shall continue to be valid and will be enforced to the fullest extent permitted by law, and the valid, unenforceable, or illegal terms will be amended and limited to the extent necessary to permit the maximum enforceability and/or validation of such provision under applicable law.