GOTFANZ - TERMS OF SERVICE

1. INTRODUCTION

GotFanz, Inc. ("GotFanz") welcomes you! GotFanz provides the Services found on the GotFanz Site (located at http://www.gotfanz.com) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at http://www.gotfanz.com/TermsOfService.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING GOTFANZ SERVICES.

By using the GotFanz Site or by clicking a box that states that you accept or agree to these terms, you signify your agreement to the TOS. If you do not agree to the TOS, you may not use the GotFanz Site.

Note that special terms may apply to some services or promotions offered on the GotFanz Site, like subscription-based services, rules for particular contests or sweepstakes or other features or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to the TOS, and in the event of a conflict, prevail over the TOS.

You acknowledge that the TOS are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the GotFanz Site and receipt of data, materials and information available at or through the GotFanz Site, the possibility of our use or display of content you generate on the Site and the possibility of the publicity and promotion from our use or display of such content.

2. CONTENT

All information, materials, functions and other content ("Content") contained on the GotFanz Site are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or relevant third parties. We may change the GotFanz Site or delete Content or features at any time, in any way, for any or no reason.

3. LICENSES AND REPRESENTATIONS

You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit content generated by you on, or in connection with the use of, the GotFanz Site (in whole or in part, in all media formats and channels now known or hereafter, on our broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in the TOS.

4. ACCOUNTS

Some services on the GotFanz Site permit or require you to create a FREE account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us at [email protected] of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any GotFanz Site. In addition, you agree to exit from your account at the end of each session.

We may suspend or terminate your account and your ability to use any GotFanz Service or the GotFanz Site or portion thereof for failure to comply with the TOS or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

5. FORUMS AND COMMUNICATION

Forums refer to an area, site or feature offered as part of the GotFanz Site that offers the opportunity for users to distribute content or communicate with others, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function, and any other modes or platforms of communication that may be provided.

You acknowledge that these Forums and features offered are for public and not private communications, and you have no expectation of privacy with regard to any submission to such a Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

You are and shall remain solely responsible for content you distribute on or through any GotFanz Site under your username or otherwise by you in any Forum and for the consequences of submitting and posting the same. We have no duty to monitor any Forum.

GotFanz is not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum and we specifically disclaim any and all liability in connection therewith.

We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to any submission, posting or other content you distribute on the GotFanz Site.

6. RULES OF CONDUCT

The following Rules of Conduct apply to the use of GotFanz Services and the GotFanz Site. By using the GotFanz Site, you agree that you will not engage in any conduct or distribute any content that is:

  1. (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
  2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including those related to: child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
  3. infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
  4. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
  5. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the GotFanz Site or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the GotFanz Site; or
  6. (a) does not generally pertain to the designated topic or theme of the relevant Forum; (b) violates any specific restrictions applicable to a Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
    We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of the TOS, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. Similarly, these Rules of Conduct do not impose a duty on GotFanz to assure compliance by all users.

7. COOPERATION; REMOVAL OF CONTENT

We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any GotFanz Site that violates these Terms of Service (including the Rules of Conduct) and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Service (including the Rules of Conduct) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including any the GotFanz Site. Moreover, we retain all rights to remove any content, including user-generated content, at any time for any reason or no reason whatsoever.

8. CONTENT ACCESSIBLE THROUGH LINKS FROM GOTFANZ AND SEARCH RESULTS

You should be aware that when you are on the GotFanz Site, there are links to other sites that take you outside of our service to sites that are beyond our control, such as banner advertisements and links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us; different terms of service and privacy policy may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from GotFanz or third-party Content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.

9. DISCLAIMERS

THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO GOTFANZ OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY GOTFANZ SITE, INCLUDING FANTASY SPORTS RECOMMENDATIONS AND ADVICE, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GOTFANZ SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

The GotFanz Site may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.

10. INDEMNIFICATION

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the TOS or claims arising from your use of GotFanz Services, the GotFanz Site, and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

11. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY GOTFANZ SERVICE, SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF GOTFANZ OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE GOTFANZ SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE NATURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

WE MAY TERMINATE YOUR FURTHER ACCESS TO THE GOTFANZ SITE OR CHANGE THE GOTFANZ SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THE TOS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

12. JURISDICTIONAL AND VENUE ISSUES

You agree that any action at law or in equity arising out of or relating to the TOS or the GotFanz Site shall be filed, and that venue properly lies, only in state or federal courts located in the state of Massachusetts, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that Content on the GotFanz Site is appropriate or available for use in any particular location. Those who choose to access GotFanz do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

13. NOTICE

GotFanz may, but is not required to, provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the GotFanz Site, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing GotFanz Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed GotFanz services in an authorized manner.

14. GENERAL PROVISIONS

The TOS shall be governed by and construed in accordance with the laws of the State of Massachusetts and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of the TOS shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the TOS and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of the TOS by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under the TOS shall not constitute a waiver of such right or provision. In the TOS, the word "including" is used illustratively, as if followed by the words "but not limited to." YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THE TOS OR ANY GOTFANZ SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Supply of goods, services and software through the GotFanz Site is subject to United States export control and economic sanctions requirements. By acquiring any such items through GotFanz, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through GotFanz if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.

15. CLAIMS OF COPYRIGHT INFRINGEMENT

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.

Notification of Claimed Infringement must be submitted to: Dominique Wise, [email protected]

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. 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;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has 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
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give you notice that we have removed or disabled access to certain material by means of a general notice on the GotFanz Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which GotFanz may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

16. ENTIRE AGREEMENT

This Agreement (including Appendix A - Special Notices) and the Privacy Policy constitute the entire and only agreement between GotFanz and the User with respect to the Service, and supersedes all other communications and agreements with respect to the subject matter hereof.

APPENDIX A - NOTICE TO CALIFORNIA USERS:

As required by California Code Section 1789.3, this notice is to advise you of the following: a. GotFanz.co is a service provided by GotFanz, LLC. b. The fees and charges for the Service vary depending on the premium features available and selected by the user. GotFanz.co reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on thirty days' notice to the Users of the Service. c. If you have a complaint regarding the Service or desire further information on use of the Service, contact GotFanz by email at [email protected]. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.

Revision Date: December 23, 2012