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SportsFan.me Terms of Use Agreement

Last Updated: April 30, 2013

Welcome to SportsFan.me! In order for us to present our videos, photos, commentary and additional sports related content, it is important that we incorporate certain legal guidelines and rules to make sure everyone’s rights are respected and that we are doing what we can to protect content owners’ rights and your personal privacy.

Please read this Terms of Use Agreement (the “Terms of Use”) carefully, as it constitute a legally binding agreement and applies to your use of www.SportsFan.me.com (the “Site”), whether you are accessing the Site via a personal computer, a wireless or mobile device or any other technology or device now known or hereafter developed or discovered (each, a “Device”). The Site is made available by SportsFan.me, Inc. and its affiliates (“SportsFan.me”, “we”, “our” or “us”), and as used herein, the term “Site” includes all: (a) websites and web pages within the Site, as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the Site; and (b) all products, applications, features, functionality and services offered by SportsFan.me on the Site, including, without limitation, viral features and related technology (e.g., embeddable media players, etc.) (collectively, the “Site Services”). These Terms of Use govern only the Site, and the content, features, and activities made available on the Site, and do not cover other websites or any corresponding content, features, and activities made available by any other company, even if URLs or hyperlinks to such websites are provided on the Site, unless specifically stated.

These Terms of Use apply to all users of the Site who are not registered athletes and celebrities, whether you have registered for, or simply browse, the Site (referred to herein as “User”, “you” or “your”), and by using this Site, you understand, acknowledge and agree that you shall comply with the terms and conditions of these Terms of Use and any additional terms and conditions that govern certain Site Services (e.g. the “Restrictions on Content and Use”), which may be presented in connection with the Site Services (collectively, the “Additional Terms”). The Site may also provide rules of participation for certain activities and services, including, without limitation, contests, sweepstakes, and other initiatives (the “Rules”). The Site's Privacy Policy, the Additional Terms, and the Rules are hereby incorporated into these Terms of Use by reference. To the extent that there is a conflict between these Terms of Use and the Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. To the extent that there is a conflict between these Terms of Use and the specific Rules for the activity in which you choose to participate, these Terms of Use shall govern.

1. Eligibility.

By using the Site, you represent, warrant and covenant that: (a) you are 18 years of age or older, or if you are a minor, you have obtained your parent or guardian’s consent to use the Site in accordance with these Terms of Use; (b) your use of the Site does not violate any applicable law, rule or regulation; and (c) all registration information you submit is truthful and accurate and that you shall maintain and promptly update the accuracy of such information. If you provide information that is untrue, inaccurate, not current or incomplete, or SportsFan.me suspects that such information is untrue, inaccurate, not current or incomplete, SportsFan.me has the right to suspend or terminate your registration (in whole or in part) and refuse any and all current or future use of the Site (or any portion thereof), in its sole discretion. If you reside outside of the United States of America (the “U.S.”), you further acknowledge and agree that the Site is operated exclusively from, and is being provided solely in accordance with, the laws of the U.S., and the laws of the U.S. may differ from those of your particular jurisdiction(s). Please ensure that you are comfortable with these differences before accessing and using the Site.

2. Modifications.

We may modify these Terms of Use from time to time, and at any time, without notice to you, for any reason, in our sole discretion, and each such modification shall be effective upon posting on the Site. We recommend that you check back frequently and review these Terms of Use regularly so you are aware of the most current rights and obligations that apply to you.

3. Term.

These Terms of Use, and any posted revision or modification thereto, shall remain in full force and effect while you use or are registered for the Site. You may terminate your use of or registration to the Site at any time, for any reason, and SportsFan.me may terminate your use of or registration to the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party. Even after your registration is terminated, your obligations under these Terms of Use, the Privacy Policy, the Additional Terms and the Rules, including, without limitation, any indemnifications, warranties and limitations of liability, shall remain in effect.

4. Fees.

The Site is free to all users. However, SportsFan.me reserves the right in its sole discretion to charge a fee for any portion of the Site. If SportsFan.me terminates your use of or registration to the Site because you have breached these Terms of Use, the Additional Terms or the Rules, you shall not be entitled to a refund of any unused portion of any fees, payments or other consideration.

5. Content and Use.

You are solely responsible for your conduct and any content you generate on the Site as described further in Section 9 below. The Site has a set of restrictions on the content you can generate on the Site and your use of the Site. These restrictions are designed to make participation on the Site a good experience for everyone. Please review the Restrictions on Content and Use, which are part of the Terms of Use, for a complete description of the limitations on content and use of the Site.

SportsFan.me reserves the right to investigate and take appropriate legal action against anyone who, in SportsFan.me’s sole and reasonable discretion, violates, or is suspected of violating, this Section 5, including, without limitation, reporting you to law enforcement authorities. Further, you acknowledge, consent and agree that SportsFan.me may access, preserve and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with the legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any content or information violates the rights of any third party; (iv) respond to your requests for customer or technical service; or (v) protect the rights, property or personal safety of SportsFan.me, its Users or any third parties.

6. Proprietary Rights.

  1. SportsFan.me owns, solely and exclusively, all right, title and interest in and to the Site and all content (other than the User Postings as described in Section 9(D) below) contained and/or made available on, through or in connection therewith (the “Content”), and all such Content is protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, rules, regulations and treaties. The term “Content” includes, without limitation, all video (and the sound recordings embodied therein), artwork, photographs, illustrations, graphics, logos, copy, lyrics, text, computer code, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Site, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Site). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term “Site” includes “Content” as well.
  2. Except as explicitly provided herein, you may not use SportsFan.me’s name, trademarks, service marks or any other IP Right of SportsFan.me in any manner whatsoever to suggest association or affiliation with or endorsement by SportsFan.me without the express prior written consent of SportsFan.me, which SportsFan.me may withhold at its sole discretion.
  3. The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Site, including, without limitation, notices on any Content you transmit, display, print, stream or reproduce from the Site. Except as expressly authorized by SportsFan.me (e.g., Site Services that allow for the use of embeddable or viral features, etc.), you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use, any Content without the express, prior written consent of SportsFan.me or its owner if SportsFan.me is not the owner. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall aggressively enforce such rights to the fullest extent of the law, including seeking criminal prosecution. We likewise respect the intellectual property of others. If you believe that the Site contains elements that infringe your copyrights, please follow the procedures set forth in Section 7 below.

7. Digital Millennium Copyright Act.

  1. If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
    • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Written notification of claimed infringement must be submitted to the following Designated Agent: SportsFan.me Copyright Agent, 492-C CEDAR LANE, Teaneck, NJ 07666.

    Email Address of Designated Agent: copyright@SportsFan.me.com

    For clarity, only DMCA notices should be sent to the Designated Agent and any other feedback, comments, requests for technical support, and other communications should be directed to SportsFan.me customer service by sending an email to feedback@SportsFan.me You acknowledge and agree that if you fail to comply with all of the requirements of this Section 7, your DMCA notice may not be valid.

  2. We reserve the right to remove any and all content that we reasonably perceive to infringe another’s copyrights. However, if you believe that your content which 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 applicable law, to make such content available to SportsFan.me for use on the Site, you may send a counter-notice containing the following information to our 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 a mistake or a misidentification of the content; and
    • Your name, address, telephone number, and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.

    If a counter-notice is received by our Copyright Agent, SportsFan.me may send a copy of the counter-notice to the original complaining party informing that person that it 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 or the 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 SportsFan.me’s sole discretion.

  3. Please note that you may be liable for damages (including attorneys' fees and other costs) if you materially misrepresent a claim that content is infringing upon your copyright. Thus, if you are not sure if material available on the Site infringes your copyright (it may be protected under exceptions to the copyright law, like fair use), we suggest that you contact legal counsel before submitting any claim. We do not and cannot provide any legal guidance regarding the merits of any copyright-related claim or dispute.

8. Personal Information.

We respect your privacy and the use and protection of your personally identifiable information. In the course of your use of the Site, you may be asked to provide certain personalized information to us (such information referred to herein as “Personally Identifiable Information”). Our information collection and use policies with respect to the privacy of such Personally Identifiable Information are set forth in the Site’s Privacy Policy which is incorporated herein by reference for all purposes. WE ENCOURAGE YOU TO READ THE PRIVACY POLICY, AND TO USE IT TO HELP MAKE INFORMED DECISIONS. WE FURTHER ENCOURAGE YOU TO READ THE PRIVACY POLICIES OF OUR BUSINESS PARTNERS AND/OR AFFILIATES. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND CONTENT OF PERSONALLY INDENTIFIABLE INFORMATION.

9. User Postings.

  1. The Site may provide you and other Users with an opportunity to participate in blogs, web communities and other message, comment and communication features and may provide you with the opportunity to submit, post, email, display, transmit or otherwise make available photographs, graphics, comments, reviews, links, materials, ideas, opinions, messages and other information via the Site (each, a “User Posting”, and collectively, “User Postings”). When you submit User Postings you may also be asked to provide information about you and your submission. This may include, without limitation, such things as your User ID, a descriptive title, information about the User Posting, your location and/or similar information. By submitting User Postings, you acknowledge and agree that the term “User Posting” also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your User Posting.
  2. You understand, acknowledge and agree that all User Postings are the sole responsibility of the person from which such User Postings originated. This means that you are solely and entirely responsible for the consequences of all User Postings that you submit, upload, post, email, display, transmit or otherwise make available. User Postings do not reflect the views of SportsFan.me and you understand that by using the Site, you may be exposed to other people’s User Postings that could be offensive, indecent or objectionable, and as such, SportsFan.me does not guarantee the accuracy, integrity, quality or content of any User Postings. Under no circumstances shall SportsFan.me be held liable in any way for User Postings, including, without limitation, errors or omissions in any User Postings, or any loss or damage of any kind incurred as a result of any User Postings submitted, uploaded, posted, emailed, displayed, transmitted or otherwise made available
  3. The Site, including, without limitation, all User Posting features and functionality, is for non-commercial purposes only and you may not submit, post, email, display, transmit or otherwise make available, in any manner, any User Posting that we deem to be an Unauthorized Posting (as defined below). We have the right, but not the obligation, to review any User Posting and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason whatsoever, any User Postings, including, without limitation, any Unauthorized Postings; provided, however, that SportsFan.me shall have no obligation or liability to you or any third party for failure to do so or for doing so in any particular manner. As used herein, the term “Unauthorized Posting” means any User Posting that is or may be construed as violating any of the terms and conditions of these Terms of Use, including, without limitation, Section 5 herein, or is deemed to be unacceptable to SportsFan.me, as determined in SportsFan.me’s sole discretion.
  4. In connection with all User Postings you submit, post, email, display, transmit or otherwise make available, you grant to SportsFan.me the unqualified, unrestricted, unconditional, unlimited, worldwide, non-exclusive, irrevocable, perpetual and royalty-free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Posting on the Site and any other websites, channels, services, and other distribution platforms, whether currently existing or developed in the future, for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to SportsFan.me, in our sole discretion. For the avoidance of doubt, the rights, licenses and privileges described in these Terms of Use and granted to SportsFan.me shall commence immediately upon submission of your User Posting and shall continue thereafter perpetually and indefinitely, regardless of whether you use the Site as a registered User or not. These rights survive the removal of your User Posting.
  5. SportsFan.me does not acquire any title or ownership rights in the User Postings that you submit and/or make available. After you submit, post, email, display, transmit or otherwise make available any User Posting, you continue to retain any such rights that you may have in such User Posting, subject to the rights, licenses and privileges granted herein. You also represent, warrant and covenant that: (a) you own the User Posting posted by you or otherwise have the right to grant the rights, licenses and privileges described in these Terms of Use and to perform and comply with all of the requirements set forth herein; (b) your submission, uploading, posting, emailing, displaying, transmission and/or making available of User Postings does not violate these Terms of Use, any rights of any other party or entity, any of your obligations, any law, rule or regulation or infringe upon, misappropriate or violate any intellectual property, proprietary, privacy, moral, publicity or other rights of any party or entity; (c) you are not a minor and you have the legal right and capability to enter into these Terms of Use and perform and comply with all of its terms and conditions or, if you are a minor, your parent or legal guardian has agreed to these Terms of Use on your behalf; and (d) you hold and shall continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under these Terms of Use and shall pay for all royalties, fees, and any other monies owing to any person or entity by reason of your User Postings.
  6. You acknowledge that other persons may have submitted User Postings to us, may have made public or developed, or may originate, submit, make public or develop, material similar or identical to all or a portion of your User Postings or concepts contained therein, and you understand and agree that you shall not be entitled to any compensation because of the use or exploitation thereof and the submission of User Postings, or any posting or display thereof, is not any admission of novelty, priority or originality. Even if you subsequently see or learn of a presentation, sound recording, composition, demo, idea, script, drawing, motion picture, photograph, film, video or any other content which appears to incorporate any idea or concept or include anything similar or identical to that contained in any User Posting you or anyone else submits, that is purely coincidental and unavoidable.

10. Account and Password.

In order to access and use certain content, features, functionality and/or Site Services, we shall require you to register for the Site and have a unique username and password combination (collectively, a “User ID”). If you elect to become a registered User of the Site, you are responsible for maintaining the strict confidentiality of your User ID, and you shall be responsible for any access to or use of the Site by you or any person or entity using your User ID, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify SportsFan.me of any unauthorized use of your User ID or account or any other breach of security, and (b) ensure that you log off from your account at the end of each session. It is your sole responsibility to (i) control the dissemination and use of your User ID, (ii) control access to your account, and (iii) cancel your account on the Site. We reserve the right to deny access, use and registration privileges to any User of the Site if we believe there is a question about the identity of the person trying to access any account or element of the Site. SportsFan.me shall not be responsible or liable for any loss or damage arising from your failure to comply with this Section 10.

11. Advertisements.

From time to time, you may choose to communicate with, interact with, or obtain goods and services of or from third parties such as our Advertisers, sponsors, or promotional partners (collectively, the “Advertisers”) found on or through the Site or a hyperlinked site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser). PLEASE REVIEW THE TERMS OF SERVICE AND PRIVACY POLICIES OF SUCH ADVERTISERS.

12. Orders for Products.

We may make certain products available to Users of the Site. For example, you may be able to order certain sports-related products and/or licenses through the Site. You may only do so if, and you hereby represent, warrant and agree that (a) you are 18 years of age or older and a resident of the U.S. and (b) you shall pay in full the prices and fees (including, without limitation, all applicable taxes) for any purchases you make via credit, debit, charge card or other payment means acceptable to SportsFan.me concurrent with your online order. If payment is not received by us from your credit, debit, charge card issuer or its agents or other payment service provider, you agree to promptly pay all amounts due upon demand by us.

13. Hyperlinks to Third Party Web Sites.

The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of SportsFan.me, its successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, suppliers or operational service providers. We do not verify, endorse, or have any responsibility for any such third party websites, their business practices (including, without limitation, their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether the Site's or SportsFan.me’s logo and/or sponsorship identification is on the third party website as part of a co-branding or promotional arrangement. If any third party website you interact with obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability for their disclosure of your Personal Information. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit.

14. Assignment.

These Terms of Use, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by SportsFan.me without restriction and without notice to you.

15. Indemnification.

You agree to defend, indemnify and hold SportsFan.me, its successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, suppliers and operational service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, “Claims”), arising in any way out of or in connection with (a) your use of the Site, (b) your breach or violation these Terms of Use or (c) your User Postings. SportsFan.me reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with SportsFan.me’s defense of such Claim.

16. DISCLAIMER AND LIMITATIONS OF LIABILITY.

  1. THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.
  2. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SITE, INCLUDING, WITHOUT LIMITATION, USER POSTINGS AND CONTENT ASSOCIATED WITH YOUR USE OF THE SITE.
  3. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SPORTSFAN.ME, ITS SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
  4. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE SITE, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES AND TRANSMISSIONS, INCLUDING, WITHOUT LIMITATION, USER POSTINGS, MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT SPORTSFAN.ME ASSUME NO LIABILITY, RESPONSIBILITY OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE OR DELIVER TRANSACTIONS OR USER POSTINGS OR FOR ANY FAILURE OR DELAY ASSOCIATED WITH ANY USER POSTINGS AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE SITE FOR ANY TRANSACTIONS OR USER POSTINGS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THESE TERMS OF USE MAY NOT APPLY TO YOU.

17. Miscellaneous.

  1. These Terms of Use, together with any Additional Terms, Rules, our Privacy Policy, and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contain the entire understanding and agreement between you and SportsFan.me concerning the Site and supersedes any and all prior or inconsistent understandings relating to the Site and your use thereof. These Terms of Use cannot be changed or terminated orally. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms of Use shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms of Use; however, no action arising out of these Terms of Use or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
  2. This Agreement does not create any relationship of principal and agent, partners, joint ventures, employer and employee, fiduciary or similar relationship between the parties. You are prohibited from making any promise, warranty or representation on behalf of Sportsfan.me or obligating Sportsfan.me in any way. You may not represent to any person that you are the agent of Sportsfan.me, or are authorized to act on its behalf.
  3. The waiver or failure by Sportsfan.me to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. The rights and remedies of Sportsfan.me set forth in this Agreement are cumulative and are in addition to any rights or remedies Sportsfan.me may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.
  4. You acknowledge and agree that any breach or threatened breach of this Agreement may cause immediate and irreparable harm to Sportsfan.me which would not be adequately compensated by monetary damages and that Sportsfan.me may seek injunctive relief, specific performance, and/or other equitable relief as a remedy for any such breach or anticipated breach without the necessity of posting a bond or other security.
  5. Neither You nor Sportsfan.me shall not be responsible for delays or failures in performance resulting from acts of God, strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts, changes in governmental regulations, epidemics, fire, communication line failures, power failures, earthquakes, other disasters or any other reason where failure to perform is beyond the control of, and not caused by, the non-performing party.
  6. These Terms of Use and your use of the Site is governed by, construed and enforced in accordance with the internal substantive laws of the State of Delaware (notwithstanding the State's conflict of laws provisions) applicable to contracts made, executed and wholly performed in Delaware, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of Delaware and agree you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non convenience or otherwise. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
  7. This Agreement is in English and all disputes between the parties shall be resolved in English. You understand and acknowledge that any foreign language services provided by Sportsfan.me are for informational purposes only and it is Your obligation to obtain independent legal advice at Your own expense to ensure You understand the terms of this Agreement.
  8. The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement.
  9. These Terms of Use were last modified on the date indicated above and are effective immediately.

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