1. Welcome to Undrafted
Undrafted Media (“Undrafted,” “we,” “us,” or “our”) is a sports media platform operated by Austyn McFadden LLC, a limited liability company organized under the laws of Ohio. Our website, mobile applications, products, services, and technologies (collectively, the “Services”) are provided by Undrafted Media.
Please read these Terms of Service (“Terms”) carefully. By using the Services, you agree to these Terms and any community guidelines or supplemental terms we provide for specific Services. These Terms form your entire agreement with us.
THESE TERMS CONTAIN LIMITATIONS OF OUR LIABILITY IN SECTION 8 AND A BINDING ARBITRATION AGREEMENT IN SECTION 13.
2. Using the Services
2.1 Authority
You agree that you are permitted to use the Services under applicable law. If you are using the Services on behalf of a company, business, or other entity, you represent that you have the legal authority to accept these Terms on behalf of that entity.
2.2 Age Requirement
You must be at least 13 years old to use the Services. If you are under 18, you must have permission from a parent or legal guardian.
2.3 User Conduct
You agree not to use the Services in any manner that violates these Terms or our Community Guidelines, including to:
- Obtain or attempt to obtain unauthorized access to the Services or our servers, systems, network, or data.
- Make available any content that is harmful to children, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or hateful.
- Violate any applicable laws or regulations.
- Impersonate any person or entity, or forge or manipulate identifiers to disguise the origin of any content.
- Make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person or entity.
- Post advertisements or commercial solicitations without our prior written permission.
- Distribute viruses, malware, or any code designed to interrupt, destroy, or limit the functionality of the Services.
- Interfere with or disrupt the Services or servers, systems, or networks connected to the Services.
- Access or collect data from our Services using automated means (robots, spiders, scrapers, data mining tools) without our express prior permission.
- Use any material from the Services to create a database, archive, mobile application, data feed, widget, or aggregated source that competes with or substitutes for the Services.
2.4 Intellectual Property
Using the Services does not give you ownership of any intellectual property rights in the Services or the content you access. You may not use any Undrafted branding or logos without our explicit written permission. You may not reproduce, modify, rent, lease, sell, distribute, broadcast, publicly perform, or create derivative works from any portion of the Services without our explicit written permission.
2.5 Software License
We grant you a personal, royalty-free, non-transferable, non-assignable, revocable, and non-exclusive license to use the Services in the manner permitted by these Terms.
3. Your Account
3.1 Account Information
If you create an account, you must keep your account information current, complete, accurate, and truthful. All Undrafted accounts are non-transferable.
3.2 Account Security
You are responsible for all activity that happens through your account. Keep your password confidential. Do not reuse your account password with other services. If you forget your password and cannot validate your account to us, your account may become inaccessible and data associated with the account may not be retrievable.
3.3 Notices
We may provide you with notices, including service announcements and notices regarding changes to these Terms, by email, in-app message, postings on the Services, or other reasonable means.
4. Privacy and Data Protection
Our Privacy Policy describes who we are, what information we collect, how we use it, who we share it with, and your rights under data protection laws.
5. Copyright and Intellectual Property Claims
We respect the intellectual property of others and expect our users to do the same. If you believe your copyright or intellectual property rights have been infringed, please follow the instructions in our Copyright & IP Policy.
6. Content in the Services and License Grant
6.1 Content Responsibility
Our Services display content that may be created by us, contributors, or third parties. The person or entity that makes content available is responsible for it. We may remove content that violates these Terms or applicable laws but do not actively monitor all content. By using the Services, you understand you may be exposed to content you find offensive, indecent, or objectionable.
6.2 Contributor Content License
If you contribute content to Undrafted (as a writer, photographer, editor, or other contributor), you retain ownership of any intellectual property rights in your content. You grant Undrafted a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, transferable, sublicensable license to use, host, store, reproduce, modify, prepare derivative works of, communicate, publish, publicly perform, publicly display, and distribute your content in any medium now known or developed in the future. Specific contributor agreements may modify or supplement this license.
6.3 User-Submitted Content
When you submit content via comments, forms, or other interactive features, you grant Undrafted the same license described in 6.2 for the purpose of operating and improving the Services.
7. Modifying and Terminating the Services
7.1 Service Changes
We are constantly innovating and improving the Services. We may, without notice, add or remove features, create new limits, or temporarily or permanently suspend a Service.
7.2 Account Termination
You may stop using the Services at any time. We may temporarily or permanently suspend or terminate your account at any time, without notice, for reasons including violation of these Terms, court order, or inactivity.
8. Warranties and Disclaimers
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDRAFTED MEDIA, ALONG WITH ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS, AND DISTRIBUTORS (COLLECTIVELY “UNDRAFTED ENTITIES”) DO NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES. WE PROVIDE OUR SERVICES “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WE DO NOT REPRESENT, PROMISE, OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT UNDRAFTED ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES. UNDRAFTED ENTITIES ARE NOT RESPONSIBLE FOR ANY LOST PROFITS, LOST REVENUES, OR LOST BUSINESS OPPORTUNITIES.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDRAFTED ENTITIES ARE NOT LIABLE FOR ANY AMOUNT GREATER THAN ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.
10. Feedback
Any recommendation, idea, suggestion, or feedback you submit to us about our products or services may be used by us without notice, obligation, or compensation to you.
11. Editorial Independence
Undrafted maintains editorial independence in its coverage. We do not allow advertisers, sponsors, partners, or any commercial relationship to influence our editorial content. Sponsored content is clearly labeled. Opinions expressed in articles are those of their respective authors and do not necessarily reflect the views of Undrafted Media.
12. About These Terms
12.1 Modification
We may modify these Terms from time to time. Modifications are effective when posted on this page. We will provide notice of material modifications.
12.2 Continued Use
Your continued use of the Services after the effective date of any modifications means you agree to the Terms as modified.
12.3 Severability
If any provision of these Terms is found invalid, the remaining provisions remain in full force.
13. Dispute Resolution
BINDING ARBITRATION AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED, YOU AND UNDRAFTED BOTH AGREE TO RESOLVE ANY DISPUTES, CONTROVERSIES, OR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES ONLY BY ARBITRATION ON AN INDIVIDUAL BASIS.
13.1 Informal Resolution
Before initiating arbitration, the party seeking arbitration must notify the other party of the Dispute in writing at least 60 days in advance. Notice to Undrafted should be sent to legal@theundrafted.org. The parties agree to attempt to resolve the Dispute informally before proceeding to arbitration.
13.2 Arbitration Procedure
Any Disputes will be resolved by arbitration before a sole arbitrator in accordance with the rules of the American Arbitration Association (AAA), excluding any rules permitting class or representative actions.
13.3 Class Action Waiver
YOU AND UNDRAFTED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
13.4 Jury Trial Waiver
IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND UNDRAFTED UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY.
13.5 Choice of Law and Forum
These Terms and any disputes will be governed by the laws of the State of Ohio, without regard to its conflict of law provisions. Any disputes that proceed in court will be brought exclusively in the state or federal courts located in Greene County, Ohio.
13.6 30-Day Right to Opt Out
You may opt out of the Arbitration Agreement by sending written notice to legal@theundrafted.org with the subject line “ARBITRATION OPT-OUT” within 30 days of first agreeing to these Terms.
14. Contact
For any questions about these Terms, contact us at legal@theundrafted.org.