Terms of Service
Last updated: (2/7/2018)
These Terms of Service (thereinafter referred to as: “Terms of Service”) apply to EACH AND EVERY User visiting and/or using this Website, Content and/or Services. These Terms of Service are available on our Website. Along with other auxiliary documents you express your consent to, these Terms of Service constitute a single, legally binding document between you and Rotosurance. By accessing and using Rotosurance, you are hereby compliant and expressly AGREE to all conditions contained in these Terms of Service, and thus find them reasonable. Furthermore, your behavior on this Website is at ALL times governed and subject to these Terms of Service and all auxiliary documents you are given access to, and thereby acquainted with.
Character Café is a legitimate and legally-bound service, registered and incorporated within the appropriate US Registry. As such, contact and identification information shall be made available on the Website for any possible needed contact with the administrative or logistics staff.
References in these documents to Rotosurance, “We” or “Us” mean Rotosurance, or (if different) an owner Company or another Parent or Daughter Company that is conducting the specific Sale and/or any successors and assigns there to. References to “You”, “Your” and “User” mean the person, group or other entity utilizing Rotosurance. Contributors are a group of users which are uploading content, which is a result of their creative work. Rotosurance’s platform allows for proper identification and accreditation of the work. While submitting a creative work (thereinafter referred to as: “Submission”), you are regarded as a Contributor, and the provisions set out bellow are to further govern your behavior on our platform.
By visiting and using Rotosurance Website and/or Software, You are hereby compliant to all Provisions including the express terms and restrictive covenants these General Terms of Service and Rotosurance other legal documents and/or notifies include, and thus find them to be reasonable. If you do not find these provisions reasonable, please stop using this Website and/or Services. Deletion of your User Account or Profile information is also required. Unless you do so, you WARRANT that you are compliant to these Terms of Service and provisions to which you are properly notified via Our Website. Furthermore, you hereby INDEMNIFY Rotosurance, its owner Company, Subsidiaries, Offices, Partners, Employees, Management or Administrative Team, other Representatives and all future individuals or legal persons involved with Rotosurance, in respect to any losses possibly suffered in connection to the Website, Software, Content and Services. Rotosurance, being a private entity does NOT support intolerant behavior and does not promote any type of penal activity.
You may visit this Service if you are 18 years of age or older. If you are under 18 years of age and are visiting this Website, please stop using this Service. All individuals entering into an individual Insurance Agreement with the Service as regulated in these Terms of Service warrant and represent that they are of sufficient legal age and capacity to enter into such Agreement. By visiting and using this Service, you hereby represent and warrant that you are of relevant legal age to form a binding contract and meet all foregoing eligibility requirements. If you, by any reason whatsoever, do not meet these requirements, you may not access this Service.
TERMS OF SERVICE
Usage Guidelines. Copyright notice.
One shall withhold of any solicitation, causing or assisting to any employee, officer, director, agent, admin, commissioner, consultant or helper in: terminating, suspending, discontinuing of employment, consultancy and/or any relationship this person has with Rotosurance; becoming employed by, or work for any other person, group or entity other than Rotosurance. One shall further withhold from soliciting or causing an existing or potential Customer to cease using Rotosurance and the provided Products and Services or soliciting and causing a potential Customer to use other Products or Services competitive with Rotosurance Products and Services. One may NOT, in any way aid, abet or authorize any person, group or entity in any of the aforementioned actions. One shall further withhold from making any slanderous, negative or defamatory statements about Rotosurance or any of its Representatives, which may result in hurting the reputation, image or goodwill of Rotosurance or its Representatives.
Users, for the purposes of visiting and browsing our Website may or may not have a registered account. Please note that some aspects of functionality of Rotosurance are to be limited without having a registered account. Upon registration, some personal information may be required from you. For the purposes of purchases, please see the “Purchasing on Rotosurance” subsection. The personal information that may be required from you is your contact details (such as, without limitation: name, e-mail address, shipping address, country/state, telephone number) and your billing details (such as, without limitation: the billing credentials as per your preferred way of purchasing goods from Rotosurance).
Submissions on Rotosurance
For the purposes of this section, all forms mutual communications between users or between users and this Website’s administrators, including, but not limited to: comments, ratings or other communications such as text, videos, pictures or other multimedia files on this Website will be referred to as “User Submissions” or simply “Submissions”. User Submissions are a type of content added by (all types of) users, as opposed to the created and displayed content by Rotosurance. All content uploaded to this Service is to be regarded primarily as a User Submission. Rotosurance reserves the right, but not the obligation, to start inquiries about possible breaches of these Terms of Service. Rotosurance does not, in any way, endorse, favor or otherwise approve of any User Submission which is freely uploaded by the Registered Users. Violations of the Terms under which Content may be uploaded may result in removal of the Submission with or without previous notice. Repeated breaches of the Content Terms may result in a part-time or permanent ban of a User from accessing certain functionalities of our Service. Upon sharing your User submission, you retain all proprietary rights. You hereby grant Rotosurance a Universal, Worldwide, non-Exclusive, Royalty-free, Transferrable License to be used, reproduced, performed, modified, displayed and otherwise manipulate with the User Submission. These licenses granted by you in User Comments are perpetual and irrevocable. The licenses are not valid for User submissions which have or had been deleted by the Users. Please note that this license is only granted to Rotosurance in order to feature or display some of your user submissions on its Website worldwide. User submissions of General users allowed to upload user comments in various forms (text or multimedia) is not to infringe any copyright, intellectual property right or other proprietary rights of any third party whatsoever, outside the scope of fair use. In case a user submission (ex. User comment) is used for marketing goals on behalf of Rotosurance, the name or nickname of the user will be included as a form of accreditation.
Third party payment protocols
Rotosurance and Third-party authorized websites use third-party billing protocols in order to securely process your payment. The third-party billing protocols enjoy a high level of encryption and security, in order for your payment to be safely made without any risks.
BREACH OF TERMS. ACCOUNT TERMINATION. INQUIRIES.
Rotosurance reserves the right to terminate a User’s access to its Website or Software if, under appropriate circumstances, they are determined to be repeated Infringers. Rotosurance further reserves the right to decide, weather User Submissions of any kind are appropriate, and if they comply with these provisions. Rotosurance reserves the right, but not the obligation to initiate personal inquiries of potential abuse and/or misbehavior personally or upon filed reports or complaints, regarding any Users’ activity. Any investigation or inquiry will be at the sole discretion of Rotosurance and it will include any steps that Rotosurance finds appropriate. Note that these steps may include disclosing User conduct to one or more entrusted parties. Sanctioned by U.S. Governing law, any misconduct and/or breach of the aforementioned usage provisions will be treated as seen fit by Rotosurance under its sole discretion.
Methods of preventing further damage or nuisance towards other Users may, Rotosurance staff or other third parties towards which Users have committed a breach of their rights include: - Suspension or Termination of Your User Account with or without previous notification; - Temporary or permanent Bans from Our Websites with or without previous notification; Other methods Rotosurance staff/administrators see fit. Further note that Rotosurance, in dealing with specific breaches of these provisions, does exclude bringing up civil and/or penal legal action against an individual or group, whom or which have taken part in this type of behavior. Note that Rotosurance may disclose Your personal information in the NECESSARY range under U.S. Governing law in connection with any current or future legal proceedings in order to constitute or defend its respective rights or in case Rotosurance needs to comply with the demands (namely formal requests) of appropriate State authorities.
Some definitions on Insurance
By “Policy period”, we mean the period of time within which insurance protection is granted. If not stated otherwise in these Terms of Service, Policy periods shall be listed in the individual Listings made available to the Users on the Website.
By “Insurance” or “Policy”, we mean our Contractual relationship with an individual User in the subject matter regulated under this Heading.
By “Premiums” we mean one-time or recurring payments that need to be paid by the User in order to form or sustain a valid Insurance contract with the Service. If not stated otherwise in these Terms of Service, Premium rates shall be listed in the individual Listings made available to the Users on the Website.
By “Grace period”, we mean the period of time after the due date of submitting a payment for Insurance premiums. If not stated otherwise in these Terms of Service, Grace period times shall be listed in the individual Listings made available to the Users on the Website.
By “Insurance Provider”, we mean the Service
By “Person Insured”, we mean the User who has entered into an individual Insurance Contract as per the regulations stated under this Heading and further specified in the individual Listings made available on our Website. Eligibility requirements are to be stated in these Terms of Service under the “Insurance Term” Heading, as well as specific requirements in the Listings available on the Service’s Website.
By “Insurance Event”, we mean the factual event that fulfills criteria for Insurance Execution. Unless stated expressly in these Terms of Service, Insurance Events are to be listed in individual Listings offered to Users on the Service’s Website. In order to receive coverage, and if not listed expressly otherwise on the Service’s website, persons insured are eligible to receive Policy Coverage in the sole case the Player has missed 9 or more Team-Organized events within the same Season.
By “Coverage”, we mean the execution of the content of the individual Insurance Agreement that is to be executed by the Service towards the Person Insured, namely upon fulfilling the Insurance Event (unless stated otherwise in these Terms of Service or the specific Listing made available on the Service’s Website).
By “Policy Schedule”, we mean a schedule outline of the cover provided under the specific Policy, stating details of the Insurance Provider, his line of work and the cover given in the relevant limits, Insurance events and Excess. Listings on this Website stating different Policies contain Policy Schedule details, except the relevant date of start and end of Policy Coverage, Covered Player and particular Season.
By “Season”, we mean the regular sports season (period of time) in which the Insurance Policy Term is related to.
By “Insurable interest”, we mean the derivation of a benefit from the health condition of the insured Player
By “Player”, we mean any participating person in a Team-Coordinated event (Match or Training)
By “Team-Coordinated Event” for the purposes of individual Insurance Contracts, we mean any Match or Training done within the Seasons, in which the Insured Player participates.
Upon entering into the individual Insurance Agreement with the Service, users warrant and represent that they are of sufficient legal age and sufficient legal capacity to enter into the insurance Agreement with the Service. Eligibility may be verified by means of requesting a valid document as proof of identity as recognized under applicable law (ID, Passport et aut). In order to receive coverage, and if not listed expressly otherwise on the Service’s website, persons insured are eligible to receive Policy Coverage in the sole case the Player has missed 9 or more Team-Organized events (games) within the same Season for NFL, 29 or more Team-Organized events (games) within the same season for NBA, and 26 or more Team-Organized events (games) within the same season for NHL, Player has missed 78 or more Team-Organized events (games) within the same Season for MLB, Pitchers has to play in 15 or fewer Team-Organized events (games) within the same Season for MLB. For an insured player to be eligible for a claim in Daily Fantasy they must miss the entire second half of the game due to injury in the game (contest) in which the insurer has bought coverage for NBA & NFL. For an insured player to be eligible for a claim in Daily Fantasy they must miss the second and third period of the game due to injury in the game (contest) in which the insurer has bought coverage for NHL. For an insured player to be eligible for a claim in Daily Fantasy they must miss 5 out of the 9 innings in the game due to injury in the game (contest) in which the insurer has bought coverage for MLB (Extra innings does not count towards your coverage).
Offer and Acceptance
Listings available on the Service’s Website are invitations to offer made towards an unlimited number of Users. Upon opting to choose an insurance Policy, the User shall enter into an Individual Insurance agreement as per the regulations stated in this specific Heading, as well as any special conditions included in the individual Policy Listing.
A valid offer is made by the User when the User opts to pay for an individual Policy. An acceptance of offer made by the Service is issued in the form of payment confirmation. Any policy bought during that insured players sporting event will officially start after that specific contest. Please note that if any conditions in the payment confirmation should differ from the published conditions in the Policy listing, this confirmation of payment shall be considered as an offer made from the Service towards the individual User, pending further acceptance. Confirmations of payment shall be sent out electronically, or (where possible) in the manner chosen by the User.
Alongside the purchase confirmation or prior to it, you will be offered with Policy documentation that described the individual Insurance Contract you enter into with the Service. When you receive your documents, please ensure that you read your insurance policy carefully. In particular, you should check the start and end dates of the cover, the Insured name on the policy, ensure the information on the insurance certificate/schedule is correct and review the policy wording. All "pre-draft" insurance policy holders must submit their players before the season starts or the policy will not be available to claim. Please contact us if you have any questions about any aspect of your policy. You are advised that the full terms and conditions of our policies should be consulted prior to your completing your policy purchase and if you have any questions you should make sure these are answered to your satisfaction. If you haven’t received a copy of the full policy terms and conditions before you book your insurance, a copy will be provided with your insurance schedule.
Personal Information handling in individual Insurance Agreements
Any personal data included in the Contract shall be processed pursuant to laws on the protection of individuals with regard to the processing of personal data. It shall be processed solely for the purposes of the performance, management and follow-up of the Contract by the Agency. The Contractor shall have the right of access to his personal data and the right to rectify any such data that is inaccurate or incomplete. Should the Contractor have any queries concerning the processing of his personal data, the User may contact the Service with any questions throughout the provided contact information on the Service’s Website.
Orders and Payment
For the Purposes of this Section, an “Order” has been made once the terms of Insurance listed on our Website have been accepted by the User. Users are hereby acquainted with these Terms of Service, and agree that these Terms of Service under the “Insurance Terms” heading will apply to every insurance agreement stipulated and agreed to between the Service and the User, unless explicitly stated otherwise in the specific Listing description. For the purposes of this section, an Order is a valid acceptance of the offer once paid for in the agreed terms of insurance described in the insurance listing. Automated payment protocols may be used to process your payment in order to enter into the individual Insurance Agreement between the Service and the User.
Please note that no Policy covers the event that an individual Player misses the game due to illness, suspension, maternity or paternity leave or any other events not directly related to injury. Therefore, no Person insured shall receive Insurance Execution benefits from an event not related to Player injury. Unless specified expressly otherwise in Policy Listings on the Service’s Website, this section is to apply for every Insurance Policy Provided by the Insurance Provider.
In order to execute Insurance Coverage, an Insurance Event in a Team-coordinated event must ensue. Any Insurance Events outside Team-Coordinated events are not covered by any Insurance Policy, unless stated differently in individual Insurance Listings on the Service’s Website. Your insured player must miss the stated amount of games or more games of the team's regular season games to be covered. Insurance Plans do not cover Playoff games.
Insurance Claims. Policy Excess
Coverage may be claimed by individual users with Insurance Claims sent to the Service’s referred address, available on the Service’s Website. Insurance Claims are to be made no later than 30 days prior to the end of the regular Season. Any Claims after this period are not to be accepted by the Service, unless specified otherwise in the individual Policy Listings made available on the Service’s Website. Under most sections of the Insurance Coverage provided by the Service, claims are to be subject to an Excess. This means that you’ll be responsible for paying part of the claim. The amount you have to pay is the excess. For details on your policy excess, please refer to your insurance certificate or schedule made available or sent to you.
Limits to insuring Players
Users may not insure any Player that is not a part of their team and that they do not have insurable interest in. Users may not insure players after the rotosurance's deadline of the regular season unless stated on our website and our terms are updated. Any purchased Insurance after the injury of a Player in an active season to which the Insurance Policy is extended to is null and void. If the player is injured before the effective date, that player must come back to play in at least one game which would serve as the new policy effective date. Users under any circumstance can not use this insurance platform as a betting or gambling platform on the event of gambling on an injury happening. We reserve the right to ask for verification of the insured player being or had been on your team at the point you purchased an insurance policy.
SOFTWARE LICENCE AGREEMENT
This specific software license and terms of service, along all rights or obligations notifies constitute a single, legally binding agreement between Rotosurance and you. These terms of service along with auxiliary and supplemental documents form the complete and exclusive statement of the provisions governing the usage and privacy notifies of Rotosurance software, documentation and auxiliary materials, which form a full and functional service. You express your intent to use the aforementioned. By expressing consent expressly or in any other ways including, but not limited to: written or oral statements, usage of this website or other conclusive manner possible. You are hereby compliant, and therefore bound by this set of legal documents. By using Rotosurance software, websites, products or services, you are compliant with the provisions of these terms of service, and supplemental documents, and thus find all provisions to be reasonable. If you are not compliant to this set of documents, or in any way do not find these provisions reasonable, please stop using Rotosurance software, website and/or services. Deletion of profile information is required. Unless you do the aforementioned, you conclusively warrant that you are compliant to the aforementioned documents and their express provisions.
Express Licensing Grant
Rotosurance hereby grants you a non-exclusive and non-transferrable license to use of this Website’s content and services. This license limited to personal use, and is further limited according to any Terms or Contract Rotosurance stipulates with you. Applicable Licensing Terms may be displayed at an accessible place or visible to you.
OTHER CONTRACT PROVISIONS
Rotosurance website, content and services are all provided “as is”. Rotosurance does not unilaterally provide any express or implied terms, representations, warranties or conditions. Rotosurance, it’s employees, offices, agents or other representatives are further not liable, to the maximum extent permitted by law for any: direct, indirect, special or consequential loss; business or private losses, including: income, savings, or profit loss, loss of contract, loss of goodwill or representations loss, warranty loss, data corruption, personal loss. The aforementioned limitations are voided in the exclusive case that Rotosurance has willingly voided its limitation of liability in a specific Set of Terms and/or Contract. Limitations apply in the case that Rotosurance had been advised of the potential loss. Rotosurance does not take any responsibility for the unreasonable behavior of visitors and/or third parties. Furthermore, Rotosurance does not take any responsibility for publishing any content, which is not in any way meant to constitute and/or provide any type of professional advice. Rotosurance is further not responsible in any way, to no extent in the unlikely case of severe host and/or server failure or breach, or any other Vis major, which is not in scope of Rotosurance ability to control. This disclaimer cannot and will not exclude any warranty or liability implied by U.S. Governing law, will not exclude and/or limit any warranty or liability which is illegal or unlawful to limit or exclude in compliance with U.S. Governing law. You hereby understand this liability limitation statement, and are fully compliant with it in its entirety.
If any provision of these Terms of Service is, or is to be found by an appropriate authority, unenforceable under U.S. Governing law, that will not affect the enforceability of any other provisions of these Terms of Service. These Terms are written in compliance with U.S. Governing law and international standards. The Parties agree to solve all disputes or controversies, including those arising from termination of employment in a manner other than filing court actions. Alternative dispute-resolution prevents statute barring of the rights and obligations arising from this Agreement. If these dispute-resolving methods prove unsuccessful, they are to commence court proceedings. If any provision of this Agreement is, or is to be found by an appropriate authority, unenforceable under governing law, that will not affect the enforceability of any other provisions of this Agreement. Statutory provisions will govern all aspects of General Service Agreement, which have not been regulated by the provisions of this agreement, by U.S. law.
You hereby agree to indemnify and hold Rotosurance, it’s owner Company, Representatives and Partners harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys' fees and court costs, arising directly or indirectly from Your use of the Rotosurance Website, software or services and/or Your breach of any representation, warranty or restriction contained in this agreement.
This agreement is not to be in favor of a weaker party, as there is not such party under this specific contract. Due to the fact that both the Service and the Users have high bargaining powers in stipulating a contract with each other, as well as several dozens of options for customizing the user experience, we believe that this agreement, even if it is a main framework for the functioning of this Service, is a collection of the basic rules and guidelines all Services of this type abide by.
Availability of Insurance Policies
Rotosurance does business in certain states in the United States of America. Not all of the products or services described on this site are available in all states or provinces. You may not be eligible for all products and services and Rotosurance reserves the right to determine such eligibility as permitted by law. Where noted, certain products or services may be subject to specific terms, conditions, representations or agreements. The portions of this site related to such products and services provide additional information about terms, conditions representations, agreements, eligibility and availability.
State Farm's securities products are offered by Rotosurance. These products are not FDIC Insured, are not Bank Products and may lose value. For more complete information, potential investors should obtain a prospectus for the mutual funds or variable products, by contacting us directly, and read these Terms of Service as well as possible other materials sent to them carefully before investing.
No users can present themselves as sponsored or endorsed by, or affiliated with Rotosurance or its subsidiaries or affiliates. You agree to withhold of any defamation or disparaging of the Service, withhold of adapting, translating, modification, decompiling, disassembling or reverse engineering the Service and its software. You are fully responsible for all your actions in accordance to applicable law, international treaties and other applicable covenants regulating the subject matter herein.
You agree that this contractual relationship between you and Rotosurance does not create a partnership, joint venture, agency, employer-employee relationship, nor does it establish an obligation or consideration of such. Neither party has the right to represent the other without a written power of attorney, and neither party shall be considered to be the agent of the other.
Rotosurance reserves the right to discontinue any portion of the whole service with or without previous notice. Rotosurance is not to be held liable for such discontinuance. Any concluded sales will survive the discontinuance of these Terms of Service, and are to be executed on behalf of Rotosurance. Every older version of these documents is superseded with the issuing of a renewed version. In case of change of our Terms of Service, we will notify you on this Web page, by e-mail, or by means of notice on our Home Page. These Terms, along with all supplemental documents you have expressed your consent to, without limitation to conclusive means of acceptance, are to be regarded as a single, legally-binding contract between you and Rotosurance.
ASCENT AND END PROVISIONS
Document as a whole
These Terms of Service reflect the policy of Rotosurance in regards to your usage of this Website. They are further intended to inform Rotosurance’s Users of the possible results of breaches of these Terms, in regards to using this Website, Software and/or Services. If you have any questions, do not hesitate to contact us via e-mail, post, telephone number or by using our Online Support Service.
Consumer Protection Clause
Headings arranged in numerical and contextual value have been used in this document. Please note that these headings are inserted for mere convenience, and the names do not have to necessarily produce legal effect.
You hereby conclusively enter into this agreement by repeated usage of this Website. If you find any of these provisions unreasonable, please refrain from further usage of this Website.
Providing feedback may be possible by any given means within the Service. All feedback given in the form of user comments, blog posts or similar feeds shall be available to the World Wide Web. Please refrain from using any obscenity or profanity, as the Service reserves all discretional rights as per this Agreement and the Content Policy.
All questions or other inquiries made directly to the service may be sent at the designated e-mail address in the Contact section of our Website.