Knipster Limited owns and operates the websites and apps (collectively the“Apps”) that link to these Terms and Conditions. We are pleased to offer you access to our Apps and the ability to participate in our fantasy sports contests of skill, other content, products, services, and promotions (collectively the “Services”) that we may provide through our Apps.
Knipster Limited is a company registered in Malta under company number C 79836, having its registered address at 52 Rudolph Street, Sliema SLM 1275, Malta.
Knipster Limited is referred to as “Knipster”, “Company”, “we” or “us” and the user as “you” or the “User”.
2.1. In the Agreements, the following terms shall be understood as follows, unless the context clearly implies otherwise:
“Account” means the account created by a User upon registration.
“Contest” means any Fantasy Sports contest between two or more Users based on one or more professional sports games.
“Fantasy Sports” means a game of skill in that participants assemble imaginary teams of real-life athletes who are active in professional sports games whereby they then rack up points for certain actions of those athletes in the sports games on which the respective Contest bases;
“Entry” means a Users’ participation in a Contest by submitting his selection of athletes
3.1. By ticking the respective checkbox during the Account opening, you acknowledge that you have read, understood, agreed to comply with and be bound by these Terms and Conditions in their entirety. They will remain valid and binding until termination. You are advised to refrain from using our Services should you disagree with any of our Terms and Conditions.
3.2. From time to time, we may need to carry out material changes to these Terms and Conditions for any reason including by way of regulatory requirements. We will notify you prior to any changes by not later than two weeks before the effective date of such proposed changes and you are required to reconfirm your acceptance of the Terms and Conditions before the expiry of the notice period.
3.3. If you deem any proposed modification or new condition as being unacceptable, you must refrain from using our Services and close your Account, prior to the expiration of the stipulated notice period, following which any subsequent use of our Services shall be deemed to constitute your acceptance of such modifications or new conditions.
3.4. We are not obliged to inform you about changes that are beneficial to you or do not affect your rights and obligations, such as reordering of terms.
3.5. These Terms and Conditions and the Agreements, in general, may be published also in languages other than English, for reference purposes only. We will use our best endeavors to ensure that all language versions will convey the same principles. In case of discrepancies between the English version and a version in any other language, the English version shall prevail.
3.6. The email address that shall be used to contact Knipster for any communication in relation to your Account is email@example.com.
3.7. We consider these Terms and Conditions and our Game Rules to be fair. Please contact us should you require further information or assistance regarding these Terms and Conditions, the Rules or any of our Services. We are however unable to assist you with any queries related to the legality of the use of our Services from any jurisdiction in which you might be in at any point over time.
3.8. Knipster employees may use the Apps, and will from time to time do so for the purpose of testing the user experience, socializing and competing with Users to build a community, and other reasonable and fair uses at the discretion of Knipster.
4.1. Certain personal information must be provided upon registration of an Account in particular your name, email address. It is your responsibility to ensure that the information you provide is true, complete, correct and up-to-date. Any changes to this data must be provided immediately via the App and if this is not possible communicated to Knipster via email. We shall not be held responsible for any failure on your part to update your details.
4.2. Knipster shall refrain from opening an Account for any individual upon becoming aware or upon reasonable suspicion that the individual has provided false information. Where an account has already been opened, Knipster shall immediately close that Account. In such cases, Knipster will not be contractually bound towards that individual and will therefore not be obliged to honour its contractual obligations towards that individual.
4.3. It is your sole responsibility to keep your login details such as username and password confidential and secure. You are advised to refrain from disclosing your login details to anyone and you are advised to choose a strong and non-predictable password for your security. Knipster is not responsible for any abuse or misuse of your Account due to your disclosure of your login details to any third party, whether intentional or accidental, whether active or passive.
4.4. Each individual may only register one Account. Where we have reasonable grounds to suspect that any two or more registered Accounts are linked to the same individual, including whether they are linked to the same device, IP address, pattern of use, proximity of transactions, common address or otherwise and that our Services are being abused in any way, we shall be entitled to close the Accounts. 4.5. If you wish to close your Account, you may request this at any time via email.
5.1. Contests offered are contests of skill. Winners are determined by the objective criteria described in the Contests’ Rules and Scoring, and any other applicable documentation associated with the Contest. From all entries received for each contest, winners are determined by the Users who use their skill and knowledge of relevant sports information and fantasy sports rules to accumulate the most points according to the corresponding scoring rules.
5.2. Each Contest or promotion might be governed by its own set of official rules. We encourage you to read such Contest and promotions rules before participating.
5.3. The scoring of each Contest is based on the statistics and actions provided by the third-party data provider defined in the Contests’ Rules during the game. Any corrections of such statistics or actions that are transmitted by the data provider after the completion of the sports game will have no effect on the scoring, except in Knipsters’ sole discretion.
5.4. We reserve the right to move entrants from the Contests they have entered to substantially similar Contests in certain situations determined by Knipster in its sole discretion.
5.5. We reserve the right to cancel Contests at any time.
5.6. To the extent that we offer 'live' statistics during gameplay, all 'live' statistics and other information provided through the App and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our Contests. While Knipster and the third parties used to provide the Services use reasonable efforts to include accurate and up-to-date information, neither Knipster nor its third-party providers warrant or make any representations of any kind with respect to the information provided through the App and related information sources. Knipster and its third-party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the App and related information sources, and shall not be responsible or liable for any error or omissions in that information.
5.7. By entering a Contest, entrants agree to be bound by these Terms and Conditions and the decisions of Knipster. We, at our sole discretion, may disqualify any entrant from a Contest if the entrant engages in conduct we deem to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other entrants. Improper conduct includes, but is not limited to:
(a) Falsifying personal information required to enter a Contest
(b) Any violation of the Rules or the Terms and Conditions;
(c) Accumulating points through unauthorized methods such as automated bots, or other automated means;
(d) Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Apps or of any User for any purpose;
(e) Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
(f) Obtaining other entrants information and spamming other entrants; or
(g) Abusing the Apps in any way.
5.8. Knipster reserves the right, in its sole and absolute discretion, to deny any contestant the ability to participate in head-to-head contests for any reason whatsoever. Further, Knipster may, in its sole and absolute discretion, invalidate any head-to-head contest result for the purposes of preventing abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, illegal, or unfair activity.
6.1. Should you become aware of possible errors in our Apps or Services, you agree to refrain from taking advantage of them. Moreover, you agree to report any errors immediately to us.
- Breaches, Penalties, and Termination
7.1. If you breach any provision of these Terms and Conditions or if Knipster has a reasonable ground to suspect that you have breached them, Knipster reserves the right not to open, to suspend or to close your Account.
7.2. You acknowledge that Knipster shall be the final decision-maker of whether you have violated our rules, terms or conditions in a manner that results in your suspension or permanent barring from participation in our Services.
8.1. Complaints and suggestions may be sent to us via email. Complaints should be promptly notified to Knipster to enable it to deal with the complaint at its earliest. It is equally important to inform us promptly should you become aware of any defects or discrepancies in the Services offered, whether these impact you or otherwise. This will enable us to immediately tackle such defects or discrepancies to both your and our benefit.
- Limitation of Liability
9.1. Our liability shall be limited to the damages directly caused by our gross negligence or willful misconduct.
9.2. Knipster shall be entitled to correct obvious errors (wrong match data, etc.) at any time without incurring liability.
- Intellectual Property
10.1. Knipster owns the rights to the Apps and Services available to you. These are protected by copyright laws and/or other related intellectual property rights and you may only use the Services for your personal use in accordance with these Terms and Conditions stipulated by Knipster and applicable laws.
10.2. You will need prior approval by Knipster to display or use trademarks, service marks, trade names and/or accompanying logos, alone standing or in conjunction with any text, of the App in any manner except for private use.
10.3. Other products and service names displayed or referred to at any of the Apps may be trademarks and service marks of their respective companies and exclusive property of such respective owners. Without the written consent of the owners and/or holders of the trademark and service marks they may not be used publicly.
10.4. Avatars, images, background images, other graphics, photographs, video and audio clips, button icons, streaming data, downloadable materials, data compilations, and software, accessible from the Apps, is the proprietary information and valuable intellectual property of Knipster or any party responsible for providing the materials. Knipster owns all rights and interests in above-mentioned materials. The materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way except for private or personal use without the prior written consent of Knipster.
11.1. Should any provision of these Terms and Conditions be deemed invalid or unenforceable by a competent authority, the relevant provision shall be amended so that it can be enforced. The same applies if these Terms and Conditions contain a loophole. The change shall be made so that the intent of the original text is preserved to the highest extent permitted by law. The validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.
11.2. Each provision of these Terms and Conditions which proves invalid, illegal or unenforceable under a given legislation shall be repealed under such legislation, without prejudice to the validity, legality or enforceability of such provision under other legislation.
12.1. Knipster reserves the right to assign or otherwise lawfully transfer this Agreement. You shall not assign or otherwise transfer this Agreement.
- Law and Jurisdiction
13.1. These terms and conditions shall be governed by the Laws of Malta.
13.2. The parties agree that any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach, termination or invalidity thereof, shall be submitted to the exclusive jurisdiction of the Maltese courts.
Last Updated: 28 May 2018