FanIQ.com Terms of Use Agreement

FanIQ.com is an online community that allows sports fans to create unique personal profiles and compete and communicate with other fans. The service is operated by Sportelligence, Inc. By using the FanIQ.com Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member, communicate with other Members and make use of the FanIQ.com services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process.

This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service. FanIQ.com may modify this Agreement from time to time and such modification shall be effective upon posting by FanIQ.com on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes FanIQ.com's policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and FanIQ.com's Privacy Policy.

FanIQ.com is strictly for entertainment purposes and may not be used in connection with any form of gambling. You hereby agree and acknowledge that the contests and polls on FanIQ are determined primarily by skill. Additionally, you hereby acknowledge and agree that you have read, understand, and will abide by the contest rules and that the contest rules are fair.

Please choose carefully the information you post on FanIQ.com and that you provide to other Members. Your FanIQ.com profile may not include the following items: telephone numbers, street addresses, and any photographs posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other FanIQ.com Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and FanIQ.com 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 and/or Services at any time, for any or no reason, with or without prior notice, and without liability.

Eligibility

Membership in the Service is void where prohibited. By using the Website and the Service, 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 the FanIQ.com 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 Membership 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.

Term/Fees

This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your membership at any time, for any reason by emailing FanIQ. FanIQ.com may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your Membership application or such other email address as you may subsequently provide to FanIQ.com. If FanIQ.com terminates your Membership in the Service because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. Even after membership is terminated, this Agreement will remain in effect. FanIQ.com's Terms of Use and/or subscription fees that were provided to you at registration may change from time to time. By using the Service and by becoming a Member, you acknowledge that FanIQ.com reserves the right to charge for the Service and has the right to terminate a Member's Membership should Member breach this Agreement or fail to pay for the Service, as required by this Agreement.

Non Commercial Use by Members. The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of FanIQ.com. 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 or unauthorized framing of or linking to the Website 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.com for any illegal or unauthorized use of the Website.

Proprietary Rights in Content on FanIQ.com. FanIQ.com owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of FanIQ.com and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Content Posted on the Site.

• All of the statistics generated by FanIQ are proprietary and are the property of FanIQ.
• You understand and agree that FanIQ.com may review and delete any content, messages, FanIQ.com Messenger messages, photos or profiles (collectively, "Content") that in the sole judgment of FanIQ.com violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.
• You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members.
• By posting any Content to the public areas of the Website, you hereby grant to FanIQ.com the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Website. This license will terminate at the time you remove such Content from the Website. You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, and (ii) your 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 Content you post on the Website. d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. FanIQ.com 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 Service and terminating the membership of such violators. Prohibited Content includes Content that: i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; ii. harasses or advocates harassment of another person; iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; v. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); vii. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes. You must use the Service in a manner consistent with any and all applicable laws and regulations.
• You may not include in your Member profile any telephone numbers, street addresses, URLs or email addresses.
• You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although FanIQ.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, FanIQ.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which FanIQ.com deems appropriate in its sole discretion.
• You may not cover or obscure the banner advertisements on your personal profile page, or any FanIQ page via HTML/CSS or any other means.
• Any automated use of the system, such as using scripts to add friends, is prohibited.
• You may not attempt to impersonate another user or person who is not a member of FanIQ.com. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account.
• You may not sell or otherwise transfer your profile.

Copyright Policy.

• FanIQ may now or in the future permit the submission of photos, videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. 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 Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) 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 Submissions to enable inclusion and use of the User Submissions 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 on your profile page; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to FanIQ, you hereby grant FanIQ a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the FanIQ Website and FanIQ's (and its successor's) business, including without limitation for promoting and redistributing part or all of the FanIQ Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the FanIQ Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the FanIQ Website.
• In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant FanIQ all of the license rights granted herein or else 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 on your profile page; (ii) publish falsehoods or misrepresentations that could damage FanIQ or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. FanIQ does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and FanIQ expressly disclaims any and all liability in connection with User Submissions. FanIQ does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and FanIQ will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. FanIQ reserves the right to remove Content and User Submissions without prior notice. FanIQ will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. FanIQ also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. FanIQ may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
• In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. A physical or electronic signature of a 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 the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. 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
6. 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.
   
   FanIQ's designated Copyright Agent to receive notifications of claimed infringement is: CopyRight Office, 2420 Lake Street; SF, CA 94121, email: copyright@FanIQ.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

Member Disputes.

You are solely responsible for your interactions with other FanIQ.com Members. FanIQ.com, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.

Privacy

Use of the Website and/or the Service is also governed by our Privacy Policy.

Disclaimers

FanIQ.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. FanIQ.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. FanIQ.com 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, any user or Member communication. FanIQ.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall FanIQ.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and FanIQ.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FanIQ.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

Limitation on Liability

IN NO EVENT SHALL FANIQ.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF FANIQ.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FANIQ.COM.S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO FANIQ.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

U.S. Export Controls

Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Disputes

If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of California without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco.

Indemnity

You agree to indemnify and hold FanIQ.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

Other

This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and FanIQ.com regarding the use of the Website and/or the Service. The failure of FanIQ.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. FanIQ.com is a trademark of FanIQ, Inc.. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.