ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND DORIOT WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You must be at least 13 years old to use the Game.
You may not use a violent, discriminatory, unlawful, hateful, pornographic or sexually suggestive username or photo via the Game.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Doriot prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Doriot upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You agree that you will not solicit, collect or use the login credentials of other Doriot users.
You are responsible for keeping your password secret and secure.
You may not use the Game for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Game and your Content (defined below), including but not limited to, copyright laws.
You are solely responsible for your conduct and any data, text, files, information, and usernames that you submit, post or display on or via the Game.
You must not change, modify, adapt or alter the Game or change, modify or alter another website so as to falsely imply that it is associated with the Game or Doriot.
You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any Doriot users.
You must not use domain names or web URLs in your username without prior written consent from Doriot.
You must not interfere or disrupt the Game or servers or networks connected to the Game, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Doriot page is rendered or displayed in a user’s browser or device.
You must not create accounts with the Game through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
We reserve the right to modify or terminate the Game or your access to the Game for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Game or you use the form detailed above to deactivate your account, your data will no longer be accessible through your account but the data may persist and appear within the Game.
We reserve the right to refuse access to the Game to anyone for any reason at any time.
We reserve the right to force forfeiture of any username for any reason.
You are solely responsible for your interaction with other users of the Game, whether online or offline. You agree that Doriot is not responsible or liable for the conduct of any user. Doriot reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
There may be links from the Game, or from communications you receive from the Game, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Game. The Game also includes third-party content that we do not control, maintain or endorse. Functionality on the Game may also permit interactions between the Game and a third-party web site or feature, including applications that connect the Game or your profile on the Game with a third-party web site or feature. Doriot does not control any of these third-party web Games or any of their content. You expressly acknowledge and agree that Doriot is in no way responsible or liable for any such third-party Games or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE GAME ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Game or your profile on the Game with a third-party Game (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Game profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Game being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Doriot has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Doriot Parties (defined below) harmless for activity related to the Application.
You agree that you are responsible for all data charges you incur through use of the Game.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Game via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Doriot’s express consent).
The Game contains content owned or licensed by Doriot (“Doriot Content”). Doriot Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Doriot, Doriot owns and retains all rights in the Doriot Content and the Game. You will not remove, alter or conceal any copyright, trademark, Game mark or other proprietary rights notices incorporated in or accompanying the Doriot Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Doriot Content.
Fantasy Startup® and Doriot™ name and logo are trademarks of Doriot EDU, LLC and may not be copied, imitated or used, in whole or in part, without the prior written permission of Doriot. In addition, all page headers, custom graphics, button icons and scripts are Game marks, trademarks and/or trade dress of Doriot, and may not be copied, imitated or used, in whole or in part, without prior written permission from Doriot.
Although it is Doriot’s intention for the Game to be available as much as possible, there will be occasions when the Game may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
It is Doriot’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Doriot does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Doriot is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and Games, without any liability or payment of any kind to you.
Reporting Copyright and Other IP Violations
We respect other people’s rights, and expect you to do the same.
We provide you with tools to help you protect your intellectual property rights.
If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
Disclaimer of Warranties
THE GAME, INCLUDING, WITHOUT LIMITATION, DORIOT CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER DORIOT NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “DORIOT PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE GAME; (B) THE DORIOT CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO DORIOT OR VIA THE GAME. IN ADDITION, THE DORIOT PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE GAME YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE GAME.
THE DORIOT PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE DORIOT PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE GAME; (B) THE DORIOT CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE GAME; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE DORIOT PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE GAME; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE GAME’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE DORIOT PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE GAME). IN NO EVENT WILL THE DORIOT PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE DORIOT PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF DORIOT’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, GAME, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE DORIOT PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, GAME, OR OTHER CONTENT OWNED OR CONTROLLED BY THE DORIOT PARTIES.
BY ACCESSING THE GAME, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE ANY LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
DORIOT IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Doriot can require the other to participate in an arbitration proceeding. To opt out, you must notify Doriot in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
ATTN: Arbitration Opt-out
2600 S. Henderson, #213 Bloomington, IN 47401
You must include your name and residence address, the email address you use for your Doriot account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Doriot.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Doriot must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law & Venue
The information provided within the Game is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Doriot to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Game or any portion of the Game, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, Game or other feature that Doriot provides.
Software related to or made available by the Game may be subject to United States export controls. Thus, no software from the Game may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Game, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
Effective date: September 1, 2020.
Welcome to Doriot EDU, LLC (“Doriot,” “we,” “us” or “our”). Doriot is the creator and owner of Fantasy Startup® (Game).
Our Policy applies to all visitors, Players, and others who access the Game (“Players”).
INFORMATION WE COLLECT
We collect the following types of information.
Information you provide us directly:
Your username, password and e-mail address when you register for a Doriot account.
Profile information that you provide for your user profile (e.g., first and last name, picture, phone number). This information allows us to help you or others be “found” on Doriot.
Game Content (e.g., investing decisions, statistics, etc.) that you answer as part of the Game.
Communications between you and Doriot. For example, we may send you Game-related emails (e.g., account verification, changes/updates to features of the Game, technical and security notices). Note that you may not opt out of Game-related e-mails.
We use third-party analytics tools to help us measure traffic and usage trends for the Game. These tools collect information sent by your device or our Game, including the web pages you visit, add-ons, and other information that assists us in improving the Game. We collect and use this analytics information with analytics information from other Players so that it cannot reasonably be used to identify any particular individual Player.
Cookies and similar technologies:
Log file information:
Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device.
When you use our Game, our servers automatically record certain log file information, including your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Game, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our Players which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Game.
When you use a mobile device like a tablet or phone to access our Game, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by Doriot.
A device identifier may deliver information to us or to a third party partner about how you use the Game and may help us or others improve the Game. Some features of the Game may not function properly if use or availability of device identifiers is impaired or disabled.
HOW WE USE YOUR INFORMATION
help you efficiently access your information after you sign in
remember information so you will not have to re-enter it during your visit or the next time you visit the Game;
provide personalized content and information to you and others, which could include online ads or other forms of marketing
provide, improve, test, and monitor the effectiveness of our Game
develop and test new products and features
monitor metrics such as total number of visitors, traffic, and demographic patterns
diagnose or fix technology problems
automatically update the Game on your device
Doriot or other Players may run contests, special offers or other events or activities (“Events”) on the Game.
SHARING OF YOUR INFORMATION
We will not rent or sell your information to third parties outside Doriot (or the group of companies of which Doriot is a part) without your consent, except as noted in this Policy.
Parties with whom we may share your information:
We may share your information as well as information from tools like cookies, log files, and device identifiers and location data (such as usage data, referring/exit pages and URLs, platform types, number of clicks, etc.), with organizations that help us provide the Game to you (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the Game under reasonable confidentiality terms.
We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.
Parties with whom you may choose to share your Game Content:
Any information or content that you voluntarily disclose for posting to the Game, becomes available to the public, as controlled by any applicable privacy settings that you set. To change your privacy settings on the Game, please change your profile setting. Once you have shared Game Content or made it public, that Game Content may be re-shared by others.
If you remove information that you posted to the Game, copies may remain viewable in cached and archived pages of the Game.
What happens in the event of a change of control:
Instances where we may be required to share your information:
Doriot will disclose your information where required to do so by law or by judicial process or if we reasonably believe that such action is necessary to:
comply with the law and the reasonable requests of law enforcement
protect the security or integrity of our Game
exercise or protect the rights, property, or personal safety of Doriot, our Players or others
HOW WE STORE YOUR INFORMATION
Storage and Processing:
Your information collected through the Game may be stored and processed in the United States or any other country in which Doriot, a company in the same group of companies as Doriot or Game Providers maintain facilities.
Doriot may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
We use commercially reasonable safeguards to help keep the information collected through the Game secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, Doriot cannot ensure the security of any information you transmit to Doriot or guarantee that information on the Game may not be accessed, disclosed, altered, or destroyed.
Please do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and Doriot, at all times. Your privacy settings may also be affected by changes the social media Games you connect to Doriot make to their Games. We are not responsible for the functionality, privacy, or security measures of any other organization.
YOUR CHOICES ABOUT YOUR INFORMATION
Your account information and profile/privacy settings:
Update your account at any time by logging in and changing your profile settings.
Unsubscribe from email communications from us by clicking on the “unsubscribe link” provided in such communications. As noted above, you may not opt out of Game-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Game, technical and security notices).
Review or modify your account information when necessary.
How long we keep your Game Content:
Following termination or deactivation of your account, Doriot may retain information (including your profile information) and Game Content for a commercially reasonable time for backup, archival, and/or audit purposes.
Doriot does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Game. The Game and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.
OTHER WEB SITES AND SERVICES
HOW TO CONTACT US ABOUT A DECEASED USER
In the event of the death of an Doriot User, please contact us. We will usually conduct our communication via email; should we require any other information, we will contact you at the email address you have provided in your request.
HOW TO CONTACT US