Please Note: FanIQ has made changes to its Terms of Use, effective June 5, 2012.

Date of Last Revision: June 5, 2012

Welcome to FanIQ, a sports and social online community that allows sports fans to create personal profiles and compete, interact, and have fun with other sports fans. The FanIQ service and network are operated by PulsePoint, Inc. (the "Company"). By accessing or using our website at www.FanIQ.com, any related online applications, or the mobile versions thereof (collectively "FanIQ" or "Website") or by posting a link on your website, you signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of FanIQ. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) FanIQ. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Please know that you post User Content (defined below) on the Website at your own risk. All information posted on FanIQ is public and can be viewed by other users. As with any content posted on the Internet, content posted on FanIQ may be available on FanIQ or any other website long after it is deleted by the user. You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other users have copied or stored your User Content. Additionally, please be aware that whenever you voluntarily post public information on FanIQ, that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications.

Your FanIQ.com profile may not include the following items: telephone numbers, street addresses, email addresses, or photographs containing nudity, violence, or offensive subject matter. Information provided by other FanIQ users (for instance, in their personal profiles) may contain inaccurate, inappropriate or offensive material, products or services. FanIQ assumes no responsibility or liability for this material.

FanIQ.com reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.

Eligibility

Membership in FanIQ is void where prohibited. By using the Website, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of FanIQ shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that you are misrepresenting your age. Your account is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all content published or displayed through your account, including any email messages, and for your interactions with other members.

Additionally, you are only eligible to play FantasyIQ for cash prizes if you are at least 18 years old and meet all of the other criteria stated in the FantasyIQ Rules. However, (i) non-U.S. residents, and (ii) residents of Alaska, Arkansas, Arizona, Illinois, Iowa, Louisiana, Maryland, Montana, and Vermont are not eligible to play FantasyIQ for cash prizes (but you can play for FanIQ's virtual currency).

FanIQ Proprietary Rights & Trademarks

FanIQ and all other Company graphics, logos, designs, games, page headers, button icons, scripts and service names are registered trademarks or trade dress of the Company in the U.S. and/or other countries. FanIQ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

You are solely responsible for the profiles (including your name, image, and likeness), photos, messages, notes, text, information, music, video, advertisements, listings, articles, blogs, and other content that you upload, publish or display (hereinafter, "post") on the Website, or transmit to or share with other users (collectively the "User Content").

All content on the Website, including designs, text, graphics, pictures, video, information, applications, games, software, music, sound and other files, and their selection and arrangement (the "Website Content"), are the proprietary property of FanIQ, its users, or its licensors with all rights reserved. No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content that you legally post on the Website. Provided that you are eligible for use of the Website, you are granted a limited license to access and use the Website and the Website Content and to download or print a copy of any portion of the Website Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Website Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Website Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Website or the Website Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

User Conduct on FanIQ

The Website is for the personal use of FanIQ users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by FanIQ. Each FanIQ user is only permitted to have one user account. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Website, or FanIQ virtual currency "farming" will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by FanIQ for any illegal or unauthorized use of the Website.

You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Website will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

IIn addition, you agree not to use the Website:

  • to harvest or collect email addresses or other contact information of other users from the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
  • to use automated scripts to collect information from or otherwise interact with the Website;
  • to upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • to upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose FanIQ or its users to any harm or liability of any type;
  • to upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
  • to register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
  • to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • to upload, post, transmit, share, store or otherwise make publicly available on the Website any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • to solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • to upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • to intimidate or harass another;
  • to upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • to use or attempt to use another's account, service or system without authorization from FanIQ, or create a false identity on the Website; or
  • to create multiple FanIQ user accounts for the purpose of virtual currency "farming."

User Content Posted on FanIQ

You may not post, transmit, or share User Content on the Website that you did not create or that you do not have permission to post. You understand and agree that FanIQ may, but is not obligated to, review the Website and may delete or remove (without notice) any Website Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Website or provide to the Company.

When you post User Content to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Website. By posting User Content to any part of the Website, you hereby grant, and represent and warrant that you have the right to grant, to the Company a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publish, stream, store, retain, publicly perform, publicly display, reformat, modify, edit, frame, translate, excerpt (in whole or in part), adapt, and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.

You further represent that your User Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any User Content you post on the Website. The Company reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the membership of such violators.

You may remove your User Content from the Website at any time. If you choose to remove your User Content, FanIQ will cease distribution of your User Content as soon as practicable, and at such time when distribution ceases, the license will terminate. You understand, however, that due to the interactive and social nature of FanIQ, your User Content (particularly Website comments, posts on other users' profiles, etc.) may "live on" for a significant amount of time after it is removed, during which time the license you granted to FanIQ over your User Content will continue. You further acknowledge that the Company may retain archived copies of your User Content.

The Company does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

FanIQ Currencies & Goods

The FanIQ site may include a virtual currency ("Virtual Currency") including that may be purchased from FanIQ for use solely on the FanIQ site if you are a legal adult in your country of residence. The Service may also include virtual, in-game digital items ("Virtual Goods") that may be purchased from FanIQ in exchange for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for "real world" money, goods or other items of monetary value from FanIQ or any other party. Additionally, transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within FanIQ. Outside of the FanIQ site, you may not buy or sell any Virtual Currency or Virtual Goods for "real world" money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms of Use and may result in a lifetime ban from the FanIQ site and possible legal action.

  • Other than a limited, temporary, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency on the FanIQ site, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating on the FanIQ site, or any other attributes associated with use of the FanIQ site or stored within the FanIQ site.
  • You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in FanIQ's sole and absolute discretion, or if FanIQ discontinues the FanIQ site or service.
  • FanIQ has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and FanIQ shall have no liability to you or anyone for the exercise of such rights.
  • Copyright Policy

    FanIQ may now or in the future permit the submission of photos, videos or other communications submitted by you and other users and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such user submissions are published, FanIQ does not guarantee any confidentiality with respect to any submissions.

    You shall be solely responsible for your own User Content and the consequences of posting or publishing them. In connection with User Content, you affirm, represent, and/or warrant that you EITHER own the necessary licenses, rights, consents, and permissions to use and authorize FanIQ to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated provided by the Website OR that you are IN GOOD FAITH and of your own accord and responsibility, making FAIR USE of a small sample of a copyrighted work as part of YOUR OWN review and discussion of that work.

    We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Website any materials that violate another party's intellectual property rights. When we receive proper notification of an alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the United States Digital Millenium Copyright Act ("DMCA"). A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a submission of User Content removed from the Website more than twice. If you believe that any material on the Website infringes upon any copyright which you own or control, you may file an infringement notification pursuant to the DMCA (click here to see FanIQ's DMCA Policy).

    Third Party Websites and Content

    The Website contains (or you may be sent through the Website) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, games, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to, originating from, or hosted by third parties (the "Third Party Content"). Such Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and FanIQ is not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. This includes, but is not limited to, the use of FanIQ "white label" games and the purchase of Virtual Goods that are shown on the FanIQ Websites but are hosted by a Third Party Website. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website or relating to any applications you use or install from the Website.

    Terms of Sale

    FanIQ provides users with relevant and useful affiliate partner service offerings (including, without limitation, tickets, merchandise and advertisements) via direct links on the Website. Additionally, FanIQ provides users with the ability to purchase Virtual Goods via the use of a partner service. Purchases from such affiliate partners will be governed by the partners' conditions and terms of sale. You agree to indemnify and hold FanIQ, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of transactions with FanIQ affiliate partners.

    User Disputes

    You are solely responsible for your interactions with other FanIQ users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

    Privacy

    We care about the privacy of our users. Click here to view FanIQ's Privacy Policy. By using the Website, you are consenting to have your personal data transferred to and processed in the United States.

    Disclaimers

    FanIQ is not responsible or liable in any manner for any User Content or Third Party Content posted on the Website, whether posted or caused by users of the Website, by FanIQ, by third parties or by any of the equipment or programming associated with or utilized in the Website. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Website or in connection with any User Content or Third Party Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Website.

    The Website may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Website. Under no circumstances will FanIQ be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Website, any User Content or Third Party Content posted on or through the Website or transmitted to users, or any interactions between users of the Website, whether online or offline.

    THE WEBSITE AND THE WEBSITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

    FanIQ reserves the right to change any and all content, software and other items used or contained in the Website offered through the Website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by FanIQ.

    Limitation on Liability

    IN NO EVENT WILL FANIQ OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

    CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

    Termination

    FanIQ may terminate your membership, delete your profile and any content or information that you have posted on the Website and/or prohibit you from using or accessing Website for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13.

    Governing Law; Venue and Jurisdiction

    By visiting or using the Website, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and FanIQ or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.

    Arbitration

    YOU AND FANIQ AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE WEBSITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE WEBSITE (INCLUDING YOUR VISIT TO OR USE OF THE WEBSITE) SHALL BE FINAL AND BINDING ARBITRATION.

    Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

    To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE WEBSITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Website (including your visit to or use of the Website) be instituted more than three (3) years after the cause of action arose.

    Indemnity

    You agree to indemnify and hold FanIQ, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Content you post or share on or through the Website, your use of the Website, your conduct in connection with the Website or with other users of the Website, or any violation of this Agreement or of any law or the rights of any third party.

    Submissions

    You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website ("Submissions"), provided by you to FanIQ are non-confidential and shall become the sole property of FanIQ. FanIQ shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

    Definitions and Constructions

    Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms of Use with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.

    Other

    These Terms of Use constitute the entire agreement between you and FanIQ regarding the use of the Website, superseding any prior agreements between you and FanIQ relating to your use of the Website. The failure of FanIQ to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.