Please carefully read the following official Terms and Conditions ("Terms"). By registering for, accessing, browsing, or using www.fanfutsal.com (the "Site"), you acknowledge that you have read, and understood the following rules, terms of service and conditions, including any additional guidelines and agree to all of them. These rules, terms of service and conditions are subject to modification at any time, at the discretion of the Sponsor, and during the Season if necessary in the opinion of the Sponsor due to changes in law or official interpretation of law, or any of the extraordinary circumstances set out in these rules. If at any time you do not agree to these Terms, please immediately terminate your use of the Site.
The following Terms for the Site form a legal contract between you, an individual Participant ("You" or "Participant"), and Knittel Ventures, LLC, ("FAN FUTSAL," or sometimes, the "Sponsor" or "we"), owner of the Site and sponsor of the Game, regarding your use of the Site and the rules for playing the fantasy soccer (i.e. football game ("Game"). These rules, terms and conditions were last updated on July 19, 2016. If we make changes to them, we will post a notice on the Site informing you of the changes made. Periodically, please check the Site for such changes. Your continued use of the site after such changes are announced will constitute your acceptance of the changes.
The Game is a fantasy sports Game involving hypothetical teams. The Game is a skill-based fantasy European football i.e. soccer ("football") game. The Game is based on points that a Participant will accumulate based upon club performance statistics earned during individual matches by a football (soccer) club.
If you believe that a user of the Site is displaying content to which you own the copyright or trademark right, please refer to the Copyright Policy at the end of this document. The registered Participant shall be deemed to have taken any and all actions with respect to such Participant's account.
THESE TERMS REQUIRE THAT YOU ARBITRATE ANY CLAIMS ARISING UNDER THEM OR PERTAINING TO THE GAME. PLEASE SEE BELOW FOR DETAILED INFORMATION CONCERNING YOUR ARBITRATION OBLIGATIONS.
Instead of drafting individual players, fantasy owners draft professional clubs to their fantasy team. The clubs function in the same way as individual players in the traditional fantasy setting. Users start 5 professional soccer clubs in each competition entered. Fantasy owners can start a professional club in any position but they must start at least one club in each position* below:
Goals For are worth 1 fantasy point.
Results are worth:
3 fantasy points for a win
1 fantasy point for a draw
0 fantasy points for a loss
Goals Allowed are scored in the following manner:
|GOALS ALLOWED||FANTASY POINTS|
|GOALS ALLOWED0||FANTASY POINTS3|
|GOALS ALLOWED1||FANTASY POINTS1.5|
|GOALS ALLOWED2||FANTASY POINTS0.5|
|GOALS ALLOWED3||FANTASY POINTS0|
|GOALS ALLOWED4||FANTASY POINTS-0.5|
|GOALS ALLOWED5+||FANTASY POINTS-1|
Scoring multipliers are applied based on the position in which a fantasy owner starts a professional club in their lineup
Fantasy owners can start their clubs in the following positions:
Multipliers are applied to a club’s Goals For and Goals Allowed based on the club’s position in the lineup:
|POSITION||GOALS FOR MULTIPLIER||GOALS ALLOWED MULTIPLIER|
|POSITIONGK||GOALS FOR MULTIPLIEROX||GOALS ALLOWED MULTIPLIER6X|
|POSITIONDF||GOALS FOR MULTIPLIER2X||GOALS ALLOWED MULTIPLIER4X|
|POSITIONMD||GOALS FOR MULTIPLIER4X||GOALS ALLOWED MULTIPLIER2X|
|POSITIONST||GOALS FOR MULTIPLIER6X||GOALS ALLOWED MULTIPLIER0X|
Results are not subject to any multipliers. Any club on a fantasy owner’s team can be started in any position
Positions determine the scoring multipliers applied to a club’s Goals For and Goals Allowed Eligible Formations:
|FORMATION1-2-1||POSITION BREAKDOWN1 GK, 1 DF, 2 MD, 1 ST|
|FORMATION1-1-2||POSITION BREAKDOWN1 GK, 1 DF, 1 MD, 2 ST|
|FORMATION1-0-3||POSITION BREAKDOWN1 GK, 1 DF, 3 ST|
|FORMATION2-1-1||POSITION BREAKDOWN1 GK, 2 DF, 1 MD, 1 ST|
|FORMATION2-0-2||POSITION BREAKDOWN1 GK, 2 DF, 2 ST|
|FORMATION3-0-1||POSITION BREAKDOWN1 GK, 3 DF, 1 ST|
The sanctioning body of football is FIFA. You can find the rules that generally govern football competitions on the sanctioning body's web site: www.FIFA.com.
You must be at least 13 years of age to open an account and participate in Games offered by the Website. Some of our contests offer prizes and you must be at least 18 years of age to be eligible for prizes except as outlined below. If you enter contests to win prizes, you must be at least 19 years of age at time of Game registration if you are a legal resident of Alabama or Nebraska to be eligible to win prizes. Legal residents of U.S. Territories (i.e. Puerto Rico) and possessions are expressly excluded from registering on the website and playing the Games. Legal residents of Canada (other than Quebec who is also expressly excluded) are eligible to open an account and participate in Games offered by the Website.
If you do not meet the eligibility requirements of this section, then you are not authorized to use the Service. FAN FUTSAL may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize. This includes by requesting that you fill out an affidavit of eligibility. To the extent FAN FUTSAL requests that you fill out such an affidavit and you fail to do so within 5 days, or FAN FUTSAL otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that FAN FUTSAL may have in law or equity, FAN FUTSAL reserves the right to terminate your account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, FAN FUTSAL will pay out any withheld or revoked prizes to the other entrants in the relevant Game in a manner consistent with the prize structure of the Game, to be precisely determined by FAN FUTSAL in its sole discretion.
FAN FUTSAL employees may use the Service for the purpose of testing the user experience, but may not win prizes. FAN FUTSAL consultants or promoters of the Service may play in Games without such limitation, but only if (i) their arrangement with FAN FUTSAL does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service and (ii) they do not receive any other advantages in their play on the Service.
Athletes, coaches and other team management, team support personnel (e.g. without limitation, team physicians) and team owners may not participate in any FAN FUTSAL Games in the sport or sports with which they’re associated. Team owners, referees, league employees, sports commissioners and other individuals who through an ownership interest or game-related employment can influence the game-play are likewise ineligible.
In order to participate in a Game on the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or FAN FUTSAL has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, FAN FUTSAL may deny you access to areas requiring registration, or terminate your account, at its sole discretion.
Account Password and Security
At the time of registration for online account access, you must provide a valid email address and supply a Username and Password to be used in conjunction with your account. You may not use a Username that promotes a commercial venture or a Username that FAN FUTSAL in its sole discretion deems offensive. Many portions of the Service require registration for access (the "Restricted Areas"). You are responsible for maintaining the confidentiality of your Username and Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) never to use the same Password for the Service that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify FAN FUTSAL of any unauthorized use of your Username and Password or account or any other breach of security; and (d) use only your own Username and Password to access the Service’s Restricted Areas. FAN FUTSAL cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that FAN FUTSAL is authorized to act on instructions received through the use of your Username and Password, and that FAN FUTSAL may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason.
FAN FUTSAL may require you to change your Username or may unilaterally change your Username.
Communications and Information Practices.
As a result of your registration for the Service, you may receive certain commercial communications from FAN FUTSAL. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to firstname.lastname@example.org. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
Disqualification and Cancellation
If for any reason the Service is not running as originally planned (e.g., if the Site becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of FAN FUTSAL corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), FAN FUTSAL reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Site.
The failure of FAN FUTSAL to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of FAN FUTSAL (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
FAN FUTSAL is not affiliated with or sponsored by the English Premier League, Liga BBVA, Ligue 1, Serie A, Bundesliga, Liga MX, Major League Soccer, or any other professional soccer league.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by FAN FUTSAL. By way of example, and not as a limitation, you agree not to:
Abuse, harass, impersonate, intimidate or threaten other FAN FUTSAL users.
Post or transmit, or cause to be posted or transmitted, any Content that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party.
Use the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws.
Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any FAN FUTSAL user.
Create or submit unwanted email ("Spam") to any other FAN FUTSAL users.
Infringe upon the intellectual property rights of FAN FUTSAL, its users, or any third party.
Submit comments linking to affiliate programs, multi-level marketing schemes, sites re-purposing existing stories or off-topic content.
Post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service.
Use artificial means, including creating multiple user accounts, to inflate your position and standing with the FAN FUTSAL leader boards and community.
Advertise to, or solicit, any user to buy or sell any products or Service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
Sell or otherwise transfer your profile.
Attempt to influence the play in any sports event that is the subject of a competition on FAN FUTSAL in which you are involved or in which you have a direct or indirect interest.
Message Boards; Content
The Sponsor provides message boards for Participants in the Game. Message boards are not monitored but the Sponsor reserves the right to do so. The content of messages that Participants post on these message boards is subject to the following mandatory guidelines and deletion at the sole discretion of the Sponsor or (if the Sponsor concurs) upon the reasonable request of a Participant.
Inappropriate message board content which is subject to deletion includes and is not limited to (i) strong expletives, (ii) hate speech, (iii) crude or explicit sexual references, (iv) messages pertaining to illegal drugs, (v) strong language generally considered offensive (including without limitation, references to a particular race or nationality, sexual orientation, gender, etc.), (vi) incitation to illegal violence or criminal activity, (vii) threatening or abusive content, (viii) defamatory statements pertaining to any juridical or natural person, (ix) infringing material and (x) content which in the opinion of the Sponsor is inconsistent with the legitimate conduct of the Game. Also subject to deletion is any message board content that in the Sponsor's sole opinion is speech that would not normally be acceptable in a room full of strangers or in the work place.
The Sponsor cannot monitor all message board content and will not attempt to do so. If any message board Participant encounters content that the Participant believes should be deleted or believes is inconsistent with these rules, the Participant can report it to the Sponsor at email@example.com.
The Sponsor does not pre-screen or filter all content that Participants post on message boards or endorse or otherwise approve any such content or any opinions expressed in it. The Sponsor reserves the right to remove message board content for any reason whatsoever, including and not limited to content which in the Sponsor's sole opinion is inconsistent with these rules. Neither the Sponsor nor any affiliate or employee of the Sponsor assumes any liability for message board content or for any failure to remove message board content or delay in removing it. Participants who post content on Sponsor-provided message boards, by so doing, assume full personal responsibility for the lawfulness, completeness, accuracy, usefulness and compliance with these rules, of all such content. Any Participant posting content shall indemnify, reimburse and hold Sponsor harmless from any and all damages, losses, liability and costs (including without limitation attorney fees and court costs) arising from, based upon or in connection with the posted content or such Participant's use of the Site.
Game Statistics and Live Scoring
To the extent that we offer 'live' statistics during game-play, all 'live' statistics and other information provided through the FAN FUTSAL Website and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our Games. While FAN FUTSAL and the third parties used to provide the FAN FUTSAL Services use reasonable efforts to include accurate and up-to-date information, neither FAN FUTSAL nor its third party providers warrant or make any representations of any kind with respect to the information provided through the FAN FUTSAL Website and related information sources. FAN FUTSAL and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the FAN FUTSAL Website and related information sources, and shall not be responsible or liable for any error or omissions in that information.
FAN FUTSAL AND OTHER TRADEMARKS CONTAINED ON THE WEBSITE ARE TRADEMARKS OR REGISTERED TRADEMARKS OF FAN FUTSAL IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE WEBSITE.
Ownership and Use of Trade Marks, Copyright and Other Rights
Content shown on the Sponsor's web site includes trademarks and copyrighted materials (including software) owned by the Sponsor or third parties, or as may apply, owned by third parties and licensed to the Sponsor or others. Content shown on Third-Party Sites accessible via a link provided on the Sponsor's web site includes trademarks and copyrighted materials (including software) owned by or licensed to the operator of the Third-Party Site. Some of this content includes the names and logos of clubs, leagues and sanctioning bodies and the names, photographs and likenesses of athletes and other public figures and such persons' rights of publicity. No downloading or copying of any content by Participants is allowed and no ownership or license rights are granted to any Participants or any other entity. All right, title and interest shall remain with and is reserved to its owner. By your act of registration, you have agreed not to download, copy, modify or otherwise use any property that is not your own. A Participant who downloads or copies such content is subject to termination of the Participant's registration with the Sponsor and termination of all rights in respect to the Game. Any copying or downloading by any entity will be considered an infringement or other offense under applicable law, exposing the infringer or offender to criminal and civil penalties. It is the Sponsor's policy to cooperate with all investigations of infringement or unlawful copying or other use of content, conducted by governmental agencies or the owners of rights. Participant and any other entities will indemnify, reimburse, and hold Sponsor harmless from any and all damages, losses, liabilities and costs (including without limitation attorney's fees and court costs) arising from, based upon or in connection with any (i) claims alleging that action of the Participant have or have resulted in the infringement of any third-party rights, or (ii) the Participant has violated any of these Terms and Conditions.
Your act of posting or sending any content to the Sponsor constitutes your warranty that you have the right to do so and that such content does not infringe any other person's rights. Your act further constitutes your irrevocable grant to the Sponsor of the complete right to publicly display, use, communicate, perform, quote, modify and broadcast such content, anywhere in the world, with or without attribution and without notice or compensation.
Other Terms and Conditions
All Participants release the Sponsor, together with all other businesses and persons involved with the conduct of the Game, as well as their owners, directors, officers and agents, from all claims and liability related to participation in the Game. YOU HEREBY AGREE NOT TO BRING, AND HEREBY WAIVE ANY CLAIM, SUIT, ACTION OR PROCEEDING AGAINST ANY SPONSOR ARISING FROM YOUR USE OF THE SITE, AND HEREBY EXPRESSLY RELEASE SPONSORS FROM LIABILITY FOR ANY DAMAGES INCURRED THROUGH YOUR USE OF THE SITE, AND HEREBY WAIVE ANY RIGHT TO RECEIVE AND/OR ANY RIGHT TO COLLECT DAMAGES OR COMPENSATION OF ANY KIND. Any materials or communications of, by or for the Sponsor, including notices and writings in any form that contains an error (printing, human, technical or other) shall be deemed null and void. Malfunction of software or electronic equipment associated with the Game, voids all play on it. Winners may be required, at the sole discretion of the Sponsor, to sign and return an affidavit or declaration of eligibility/liability release and indemnity and where legally permissible, a publicity release (all in form acceptable to the Sponsor).
Resolution of all claims by Participants related to the Game shall be determined according to the law of the Commonwealth of Pennsylvania, United States of America, except that the conflict of law rules of Pennsylvania shall not be applied so as to require reference to the law of any sovereign other than Pennsylvania, including any jurisdiction outside of the United States.
All disputes, claims, or controversies arising out of or relating to these Rules, Terms and Conditions or the Site, that are not resolved by mutual agreement, shall on the notice of either party be resolved by binding arbitration to be conducted before JAMS or its successor. You expressly acknowledge and agree that you may not bring any type of legal action against the Sponsor or relating to the Site other than pursuant to an arbitration consistent with this section and hereby waive any right to do so; provided that the foregoing shall not apply to enforcing an arbitration award in a court of competent jurisdiction. Unless otherwise agreed between the parties, arbitration will be held in Philadelphia, Pennsylvania before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator approved by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in accordance with these Terms. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator's decision and award shall be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator shall not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing party) against any party to a proceeding. Any party refusing to comply with an order of the arbitrator will be liable for costs and expenses, including attorneys' fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
All causes of action or lawsuits in any way arising out of or connected with the conduct of the Games or any of them shall be resolved individually without resort to any form of class action litigation. Recovery against the Sponsor, the Sponsor's affiliates and the owners, officers, employees or agents of any of them, as to such causes of action, lawsuits or claims related to them, shall in any event be limited to actual out-of-pocket expenses incurred.
Limitations on Liability and on Warranty
YOU AGREE EXPRESSLY THAT YOUR USE OF ANY FACILITIES, SERVICES AND PRODUCTS PROVIDED BY THE SPONSOR AND YOUR USE OF THE INTERNET IS AT YOUR SOLE AND ASSUMED RISK. THESE FACILITIES, SERVICES AND PRODUCTS ARE PROVIDED ON THE BASIS OF "AS IS" AND "AS AVAILABLE WITHOUT EXPRESS WARRANTY, WITHOUT IMPLIED WARRANTY, AND WITHOUT FITNESS FOR ANY PARTICULAR PURPOSE, SUBJECT ONLY TO LAWS THAT RENDER A WARRANTY LEGALLY INCAPABLE OF EXCLUSION, BUT ONLY TO THE EXTENT OF SUCH LAW'S REQUIREMENT. THE SPONSOR PROVIDES THE GAME AND THE SERVICES OF fanfutsal.com ONLY AS MAY BE COMMERCIALLY REASONABLE. THE SPONSOR DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE OF fanfutsal.com AT TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT THE SPONSOR WILL HAVE ADEQUATE CAPACITY AS A WHOLE OR IN ANY COUNTRY OR STATE.
Paragraph and Section Headings
In these rules, paragraph and section headings are not intended to affect content or meaning. Headings do not imply that a subject indicated by the heading is addressed only under one heading. Rather, headings are no more than a convenience to aid the reader in reviewing these rules as a whole.
Copyright Complaints: Knittel Ventures respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Knittel Ventures of your infringement claim in accordance with the procedure below.
As set forth in this Secion 17, Knittel Ventures will process and investigate notices of alleged infringement and will take appropriate actions under the United States Digital Millennium Copyright Act ("DMCA") and other applicable intellectual Property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Knittel Ventures's Copyright Agent at: firstname.lastname@example.org (Subject Line: "DMCA Takedown Request").
To be effective, the notification must be in writing and contain the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
A description of the copyrighted work or other intellectual property that you claim has been infringed.
A description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site.
Your address, telephone number and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright to intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright agent:
Your physical or electronic signature.
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content; and
Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located near Philadelphia, Pennsylvania, United States of America and a statement that you will accept service of process of that court upon the suit of the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Knittel Ventures, LLC will send a copy of the counter-notice to the original complaining party informing that person that the Sponsor may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer policy: In accordance with the DMCA and other applicable law, Knittel Ventures, LLC has adopted a policy of terminating, in appropriate circumstances and at FAN FUTSAL's sole discretion, users who are deemed to be repeat infringers. FAN FUTSAL may also at its sole discretion limit access to the Site and/or terminate the participation of any users (Participants) who infringe any intellectual property rights of others, whether or not there is any repeat infringement.