Policy | StatShark

End User Agreement

Definitions:

End User: The term End User, also referred to herein as User, shall mean any person, persons or entity who, or which, is a user of the StatShark Application and who, or which, is, or was at any earlier time, registered with FanMonster, LLC as a valid End User.

Software: The term Software shall mean executable computer code that provides End User functionality and utility to perform certain task as desired by End User.

StatShark Application: The Term StatShark Application, also referred to herein as StatShark and the Application, shall mean the Software package developed by FanMonster, LLC and of which the End User has elected to install on their computer.

StatShark Website: The term StatShark Website, also referred to herein as the Website, shall mean any website which the End User may elect to visit, or, to which the End User is redirected, that is owned and managed by FanMonster, LLC, regardless of whether or not the word “StatShark” is present within the website in any form.

Intellectual Property: The term Intellectual Property, also referred to herein as IP, shall mean any and all computer code, Software, functionality or utility provided to User through his, her or its use of the StatShark Application or the StatShark Website or data provided to the StatShark application even if such data is intercepted prior to hitting the StatShark application.

FanMonster, LLC: The term FanMonster, LLC shall be known as the Delaware based limited liability company that produced and provides access to the StatShark Application and the StatShark Website.

End User Rights and Limitations of Use:

End User hereby acknowledges, understand and accepts that:

● Personal Use Only: End User may use StatShark for personal use only and may not use StatShark, or any data provided via the StatShark application, for any purposes beyond personal use.

● Single Computer License: Each license issued to a User is for a single computer and the application may not be installed on any other computer, under the same license, without the express permission of FanMonster, LLC. If you have a need to install the software on two, or more, separate computers please contact FanMonster, LLC to see if your need for a second license qualifies for secondary computer use.

● No Application Sharing: Any effort to share the use of the application, any output created via the use of StatShark or share data provided by FanMonster, LLC is strictly forbidden and may result in the immediate or eventual termination of StatShark’s functionality.

● Liability in the Event of Termination: In the event of termination of the StatShark Application’s functionality FanMonster, LLC holds no liability associated with End Users outstanding lineups or bets.

End User Obligations:

End User hereby acknowledges, understands and accepts that:

● End User Solely Liable: End User is solely and fully responsible for all transactions, financial or otherwise, that End User may elect to execute as a result of End User’s use of StatShark.

● No Guarantees by FanMonster, LLC: FanMonster, LLC makes absolutely no claim, implicit or explicit, that lineups generated via the use of StatShark, or, any other information or data provided through the use of StatShark, will provide any increase in the likelihood of wining bets or of being of any economic value whatsoever.

End User Liabilities:

End User hereby acknowledges, understand and accepts that:

● Maintain Account in Good Standing: To ensure that there is no lapse in the use of StatShark End User is responsible for maintaining an active paid subscription in good standing with FanMonster, LLC.

● End User Solely Liable: End User is, at all time, fully and solely liable for any and all decisions made by End User related to any financial transaction that the End User may elect to enter into and that at no time will FanMonster, LLC have any liability to End User, or associates thereof, for any decision made or any action taken, or failure to act, by End User.

● Illegal Activities Related to Software and Intellectual Property: Any effort taken by End User to copy, “crack”, reverse engineer, or similar, the StatShark application, or any portion or function thereof, will be construed as theft, or attempted theft, of corporate secretes and intellectual property of FanMonster, LLC and such actions on behalf of End User will be prosecuted both criminally and civilly to the full extent as provided by law. As a result of such action taken by FanMonster, LLC End User may be liable to FanMonster, LLC for any award provided by any court of competent jurisdiction to the benefit of FanMonster, LLC. Such awards may include, but are not limited to, injunctive relief, loss of business suffered by FanMonster, LLC, and all related legal and legal representation costs.

End User's Indemnification of FanMonster, LLC:

Indemnification of FanMonster, LLC by End User: End User hereby warrants that he, she or it does hereby fully indemnify FanMonster, LLC and any and all officers, directors, employees and affiliates of FanMonster, LLC of any claim brought against FanMonster as a result of any and all actions taken, or failure to take, by End User, financial or otherwise, that was predicated upon the use of StatShark or any information or data provided by StatShark. Indemnification includes, but is not limited to, attorney fees, court costs and all awards, fines and injunctive relief as provided for by any court, regulatory authority or governmental agency.

End User Warrantees:

End User hereby warrants that:

● Not a Direct Competitor or Employee Thereof: He, she or it is not a competitor, or employee or owner of a competitor, of FanMonster, LLC, directly or indirectly within the industries of Sports Betting (also known as Sports Gaming), Fantasy Sports or Daily Fantasy Sports (DFS). A competitor is hereby defined as any entity selling sport statistics analytical tools or any entity selling suggested lineups, bets, odds or similar. If FanMonster, LLC should discover that the StatShark Application is being used by any person construed to be a direct industry competitor, or an employee of any entity considered to be a direct industry competitor, or that StatShark access is being provided to any entity or person considered to be a direct industry competitor, that the said person, entity or End User will be immediately liable to FanMonster, LLC as outlined herein.

● No Warrantee of Accuracy or Completeness: End User acknowledges, understand and accepts that FanMonster, LLC make no claims whatsoever as to the accuracy or completeness of any data or information provided to End User regardless of how such information may be delivered to End User.

● Scope of Certain Definitions: End User acknowledges, understand and accepts that in any place where the term StatShark, or StatShark Application is used herein it is understood that both are inclusive of the terms StatShark Website or Website, as defined herein, and, as such, all terms, conditions, statements and warranties provided herein pertain equally to both the StatShark Application and the StatShark Website.

● Survival of Agreement: End User acknowledges, understand and accepts that all terms herein remain in force regardless of End User’s account status with FanMonster, LLC. As such, all terms, conditions representations and warrantees made by End User herein remain true and in force in perpetuity regardless of End User’s account status with FanMonster, LLC, including, but not limited to, End User terminating End User’s subscription with FanMonster, LLC.

● Impact Upon Computer System: End User acknowledges, understand and accepts that the StatShark Application is provided as-is. Additionally, End User acknowledges, understand and accepts that every computer is different in its configuration, but in terms of hardware, software, operating system and all updates, versioning, environmental configurations, and similar, and, as such, it is impossible for FanMonster to ensure that the installation or use of StatShark will not have, or result in, any deleterious impact upon the End Users computer. As such, FanMonster, LLC has no liability, now or at any future time, for any impact the StatShark Application may have upon the End User’s computer.

● Collection and Use of Related Data: End User acknowledges, understand and accepts that FanMonster, LLC will, for both security and functionality purposes, collect certain data from the End Users computer. Such data elements may include the serial number of the End User’s hard drive and central processing unit as well as the End User’s IP address and the geolocation of said IP address. Other data may include, if specifically approved by End User, account numbers and passwords for clearinghouses for the following functionality: i.) automated upload to said clearinghouses, ii.) automated lineup management at the clearinghouses, and iii.) End User performance tracking and analytics of said performance over time. End User’s data will be used in detailed form only for the purposes of the End User specifically. Any additional use of said data will be fully anonymized and aggregated across all End User and will only be used to calculate generalized statistics related to the performance and use patterns of the “average general user” of the StatShark Application. FanMonster takes the privacy of its customers information very seriously and the FanMonster privacy policy is provided herein.

● Compliance with Applicable Laws: While StatShark is available for download and use anywhere throughout the world, laws and regulations related to sports betting, sports gaming, Fantasy Sports and Daily Fantasy Sports vary across geographies. As such, End User is solely and fully responsible to ensure that End User’s participation in such activities is in compliance with all jurisdictional laws and regulations.

● Gambling may be Addictive: End User acknowledges, understands and accepts that it is well known and well documented that any form of gambling may be addictive and, as such, End User may find it difficult, or seemingly impossible, to quite gambling, betting, gaming and similar activities despite suffering potentially dire financial circumstance.

● Seeking Help for Gambling Addiction: End User acknowledges, understands and accepts that, in the event they believe they are addicted to gambling, in an form, that they are fully and solely responsible to seek and obtain the help they may need in order to stop gambling in all of its forms. In such circumstance End User is encouraged to call a local chapter of Gamblers Anonymous. Phone numbers may be found at the following internet link:

http://www.gamblersanonymous.org/ga/hotlines

Liabilities, Obligations, Responsibilities, Representation and Warrantees of FanMonster, LLC: All functionality and services provided by FanMonster, LLC are on a best efforts basis. FanMonster, LLC provides no guarantees, warrantees or representations of any kind, implicit or explicit, that the StatShark application will function as expected, will function correctly, will provide any benefit or add any value of any kind at any time. Furthermore, FanMonster, LLC assumes no liability and does not provide any guarantees, warrantees or representations of any kind that the StatShark application will be compatible with your computer, and, as such, cannot guarantee that installation of the StatShark application will not, in some capacity, alter the capabilities or functionality of End User’s computer and that said computer will remain functional after such installation of the StatShark application. In summary, FanMonster, LLC holds no liability for anything that may happen as a result of End Users decision to install or use the StatShark software or any coincidental issues that may arise for End User at the time of installation of the StatShark application or any time thereafter.

Cost of the Software: The StatShark application is provided to End User at no cost. End User is permitted to keep a copy of the StatShark application even if the End User elects to discontinue End User’s subscription. In such a case, the StatShark application will remain functional with the data that was provided to User prior to the termination of the User’s subscription. However, if the End User fails to maintain an active and current account with FanMonster, LLC, End User will lose access to all future data as provided by FanMonster, LLC.

Miscellaneous:

● Expenses: Each party will pay its own costs and expenses including attorneys' fees, accountants' fees and other professional fees and expenses in connection with the negotiation, preparation, execution and delivery of this Agreement, except as may otherwise be specifically provided for herein.

● Scope: This Agreement shall be considered the entire and only agreement existing between End User and FanMonster, LLC and any other prior Agreement existing between the parties, either implicit, explicit or otherwise is hereby considered null and void.

● Failure to Exercise Right, Power Or Privilege: No failure to exercise and no delay in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

● Section Headings: The section headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.

● Construction: Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural and vice versa, and the masculine gender shall include the feminine and neuter genders and vice versa.

● Severability: Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. However, if any provision of this Agreement shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law or, if for any reason it is not deemed so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder thereof or any other provision being prohibited or invalid.

● Future Actions, Jurisdiction and Governing Law: This Agreement shall be governed by, and interpreted and construed in accordance with, the laws of the State of Delaware, without regard to principles of conflict of laws there under. The Parties hereto agree that any dispute, action or proceeding arising directly, indirectly, or otherwise in connection with, out of, related to, or from this Agreement, any breach hereof, or any transaction covered hereby, shall be resolved by a court of competent jurisdiction in the State of Connecticut.

● Cumulative Remedies: Remedies set forth in any section of this Agreement are not exclusive of remedies set forth in any other section of this Agreement and are to be read as additive and cumulative.

● Correspondence: All notices, requests, demands and other communications related to this Agreement shall be in writing and delivered by certified mail postage prepaid to the following address:

FanMonster, LLC
111 Morgan Street, Suite 410
Stamford, CT 06905

● Suggested Use of Attorneys: Each party does herby recognize that this Agreement constitutes a legally binding contract representing significant and material terms, rights, obligations, forfeiture of rights, and requirements to perform and that this Agreement may have significant future financial, implications. Each party hereby acknowledges and understands that he, she or it are strongly urged to consult with an attorney with regards to this Agreement and that if either party elects not to consult with an attorney with regards to this Agreement that said party does so at his, her or its own peril.

● Acknowledgement, Understanding and Acceptance: End User herby attests that he, she or it acknowledges, understands, and accepts all terms, conditions, covenants, liabilities, obligations, sections, and subsections of this Agreement, in parts and as a whole and that he, she or it enters into this Agreement willfully and without coercion of any kind by any party.

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