Agreement to Terms
These Terms and Conditions of Use (the “Terms”) govern your access to and use of the Vandalay Investments, LLC web site located at www.dailyboogie.com, and all associated sites, including social media platforms, owned or operated by Vandalay Investments, LLC., its subsidiaries and affiliates, around the world (collectively, the “Site”). The Site is the property of Vandalay Investments, LLC, (“Daily Boogie Sports”) and its licensors. Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These terms apply to all visitors, users, and others who access or use the Site.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICE, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH DAILY BOOGIE SPORTS REGARDING COMPLIANCE WITH THESE TERMS BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
Daily Boogie Sports reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. 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 the Terms, Daily Boogie Sports grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
The Site is not an online gambling operator, or a gambling site of any kind. The Site provides information regarding fantasy sports advice, analysis, reviews, and other content.
Your Use of the Site
You must be 18 years of age to use the services on the Site. All information and content provided on the Site may be used solely for your personal, non-commercial use. You may not use a robot, spider, scraper, or other automatic device, program, algorithm or methodology or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Daily Boogie Sports server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not create more than one account on the Site without express permission from the Site.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Daily Boogie Sports server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Daily Boogie Sports, including any Daily Boogie Sports account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
Accounts may not be shared and may only be used by one individual per account.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Daily Boogie Sports systems or networks, or any systems or networks connected to the Site or to Daily Boogie Sports, including social media platforms.
You may not use the Site or any Content or Materials for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Daily Boogie Sports or others.
If you provide feedback to Daily Boogie Sports about the Site or any Content or Materials, such feedback will be deemed non-confidential and you hereby grant to Daily Boogie Sports a non-exclusive, irrevocable, unrestricted, worldwide and paid-up right and license to use the feedback for any purpose.
Rights to Terminate Use
You agree that Daily Boogie Sports may, at our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
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, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, 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 Daily Boogie Sports or its licensors, and is protected by U.S. and international intellectual property and proprietary rights.
Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Daily Boogie Sports’ express prior written consent.
All materials contained or distributed in this website (the “Materials”) are owned by Vandalay Investments, LLC. 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, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of Daily Boogie Sports. Materials may not be used in any unauthorized manner.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. Daily Boogie Sports may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice.
In order to prevent interruptions in service, Daily Boogie Sports uses a recurring payment structure for month-to-month memberships. Month-to-month memberships automatically renew until canceled by the customer. Once you cancel, you won’t be charged again, but you are responsible for whatever charges have already been incurred for the current billing period.
For example, if your billing cycle renews on the 17th of every month, and you cancel on the 24th, you’ll still have to pay for the current month, but you won’t be charged again after that. In order to treat everyone equally, no exceptions will be made.
Seasonal memberships do not automatically renew. Seasonal memberships begin and end on the specific dates specified on the Site.
All membership sales are final.
Daily Boogie Sports offers special early subscriber rates and regular rates.
It is the responsibility of the member to keep track of the account expiration date and cancel prior to renewal. Members can review their expiration date and/or cancel active memberships at any time by logging in and visiting the My Account page.
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. In consideration for the convenience of Daily Boogie Sports making this third-party content and tools available or accessible to you, you acknowledge that Daily Boogie Sports is not responsible for any such third-party content or tools. You also agree that Daily Boogie Sports is not responsible or liable for any losses or damages you experience with any third-party content or tools you chose to rely upon or advertisements you respond to, and that you must contact the third party directly for any remedies that may be available to you. Daily Boogie Sports 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.
DAILY BOOGIE SPORTS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, PRODUCT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. DAILY BOOGIE SPORTS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. DAILY BOOGIE SPORTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DAILY BOOGIE SPORTS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY DAILY BOOGIE SPORTS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST DAILY BOOGIE SPORTS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
You understand that the Site contains information about sports, fantasy sports, and sports betting, but that this information and Content does not constitute “advice”, nor does it constitute any “recommendation” on whether or how to engage in daily fantasy or sports betting activities. DAILY BOOGIE SPORTS ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF ANY OF THE MATERIAL ON THE SITES, OR AS A RESULT OF BETTING RISKS OR FANTASY SPORTS RISKS. ANY SPORTS BETTING OR FANTASY SPORTS ACTIVITY IS INHERENTLY RISKY UNDERTAKEN AT YOUR OWN RISK.
Applicable Law and Venue
By use of this Web site you irrevocably consent to the application of the laws of the States of Florida, without regard to its conflicts of laws provisions, to govern any and all disputes with Daily Boogie Sports related to these Terms. You also irrevocably consent to the exclusive venue of the courts of Miami-Dade County, Florida or the United States District Court for the Southern District of Florida. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Limitation of Liability
UNDER NO CIRCUMSTANCES IS DAILY BOOGIE SPORTS, ITS OFFICERS, DIRECTORS, AFFILIATES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORSEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION AND SERVICES AVAILABLE ON THE SITE. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THESE TERMS OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF DAILY BOOGIE SPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
The above limitation applies to your use, misuse, or reliance upon the Site, including, without limitation, damages you may incur because of third-party services or goods advertised on, or linked to the Site.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
You agree to defend, indemnify, and hold harmless Daily Boogie Sports and its affiliates and their officers, directors, employees, consultants, agents and suppliers from and against any and all claims, liabilities, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (a) your use of the Site, Materials or Services; (b) any violation of these Terms or applicable law by you in connection with your use of the Site, Materials or Services; (c) any actual or alleged infringement by you, or any person accessing the Site, Materials or Services using your password or account identifier, of any intellectual property or privacy or other right of any third party, or: (d) any unauthorized use of password protected Materials utilizing your account information, whether or not known or authorized by you.
Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. If you choose to access this site from other locations you do so on your own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.
Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. As previously stated, you may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
The Terms constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. The Terms may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the Site is in conflict or inconsistent with the Terms, the Terms shall take precedence.
Prevailing Party Attorneys' Fees
In the event of any dispute, contest, arbitration, mediation, or litigation between the parties hereto, the prevailing party in such dispute, contest, arbitration or litigation shall be fully reimbursed by the other party for all costs, including reasonable attorneys’ fees, court costs, expert or consultant’s fees and reasonable travel and lodging expenses, incurred by the prevailing party in its successful prosecution or defense thereof, including any appellate proceedings.
This Terms policy was last updated on June 9, 2019.