WhatifSports.com, Inc. Terms of Use Agreement

Our Terms of Service below also includes our Fair Play Guidelines. These guidelines consist of game-specific rules of conduct. We've included this link at the top of the page for quick reference.

Effective as of June 28, 2013.

Welcome to the WhatifSports web site http://www.whatifsports.com and its related websites (collectively or individually, the "Site") which is operated by Whatifsports.com, Inc. ("Whatifsports") and Fox Sports Interactive Media, LLC ("FSIM" collectively with Whatifsports "Fox" "we" or "us"). The materials on the Site are primarily owned by Fox. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and Fox. The services offered on the Site include features, content, applications offered from time to time by Fox in connection with the Site, email newsletters, mobile text alerts, and emails with special offers, updates about the Site, contests and other offerings (collectively, the "Site Services"). The Site Services are hosted in the United States of America.

This Terms of Use ("Agreement") sets forth the legally binding terms for your use of the Site Services. By using the Site Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Site), a "Subscriber" (which means that you have subscribed to: (i) receive one or more newsletter, email alerts or partner emails; (ii) participate in one or more SimLeague; or (iii) participate in one or more Dynasty Game), or a "Member" (which means that you have registered with Fox). The term "User" refers to a Visitor, a Subscriber or a Member. You are only authorized to use the Site Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Site and discontinue use of the Site Services immediately. If you wish to become a Member or a Subscriber and make use of the Site Services, you must read this Agreement and indicate your acceptance during the Registration or Subscription process. If and when you register to become a Member of the Site or a Subscriber, you agree to: (a) provide true, accurate, complete, and current information (such information being the "Registration Data" or the "Subscriber Data"); and (b) maintain and promptly update the Registration Data or Subscriber Data to keep it true, accurate, current, and complete. You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, Fox reserves the right to terminate your membership, subscription and/or your use of the Site and/or remove from the Site any User Content (as defined in Section 6 of this Agreement) provided by you. Note that additional terms may apply to the SimLeague and Dynasty Games (see Section 14 of this Agreement) and the Message Boards and Public Forums (see Section 15 of this Agreement).

This Agreement includes Fox's policy for acceptable use of the Site Services and Content posted on the Site, and your rights, obligations and restrictions regarding your use of the Site Services. In order to participate in certain Site Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise stated, or provided for, in the additional terms and conditions applicable to the Site Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

You may receive a copy of this Agreement by emailing us at website@whatifsports.com Subject: Terms of Use Agreement. Fox may modify this Agreement from time to time and such modification shall be effective upon posting by Fox on the Site. You agree to be bound to any changes to this Agreement when you use the Site Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Fox reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and public messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Site Services at any time, for any or no reason, with or without prior notice, and without liability. Fox expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Site Services if Fox determines, in its sole discretion, that you pose a threat to Fox and/or its Users.

1. Eligibility. Use of, subscription to, and membership in the Site Services is void where prohibited. By using the Site Services, you represent and warrant that: (a) all Registration Data and Subscription Data you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) if you are a Member or Subscriber, you are 13 years of age or older; (d) if you subscribe to play any SimLeague or Dynasty Game you are 13 years of age or older; and (e) your use of the Site Services does not violate any applicable law or regulation. Your Member profile may be deleted and your membership or subscription may be terminated without warning, if we believe that you are under 13 years of age.

2. Term. This Agreement shall remain in full force and effect while you use the Site Services or are a Subscriber or a Member. Fox may terminate your subscription or membership at any time, without warning. Even after subscription or membership is terminated, this Agreement will remain in effect, including without limitation Sections 5-25.

3. Username and Password. When you sign up to become a Member or Subscriber, you will also be asked to complete the Fox registration credentials and choose a password and username. After you complete the registration credentials you may receive an email from Fox requiring you to confirm your email account before you can proceed with the registration process. If we believe that you have used a non-functioning or fake email address to set up your membership or subscription your membership or subscription may be terminated without warning. You are entirely responsible for maintaining the confidentiality of your password and username. You agree not to use the account, username, or password of another Member or Subscriber at any time or to disclose your password to any third party. You agree to notify Fox immediately at website@whatifsports.com if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

4. Non-commercial Use by Users. The Site Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Fox. Illegal and/or unauthorized use of the Site Services, including, without limitation, collecting usernames and/or email addresses of Members or Subscribers by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site is prohibited. 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 for any illegal or unauthorized use of the Site Services.

5. Purchasing Site Products.

A. If and when you elect to purchase any service or products, including, without limitation: (i) subscription to any SimLeague; (ii) subscription to any Dynasty Game; (iii) any gift certificates; or (iv) purchase any additional services or products offered from time to time by Fox (collectively, the "Site Product"), from the Site Services, you may be required to provide personal financial information such as credit card and billing information (such information being the "Personal Financial Information") to an independent third party company (or companies) selected by Fox. You acknowledge and agree that any Personal Financial Information you provide on the Site and all payment obligations for such Site Products shall be governed by the terms of service and privacy policy of the applicable independent third party company responsible for collecting, transmitting and/or processing your Personal Financial Information. You should review the terms of service of the applicable independent third party company prior to placing you order. You must be 13 years of age or older to submit Personal Financial Information on the Site, including to purchase a Site Product on the Site. You must be 13 years of age or older to subscribe to any SimLeague or Dynasty Game. Once you have accessed any particular Site Product, whether by downloading, streaming or otherwise, you will be deemed to have enjoyed the full benefit of the transaction, regardless of the extent of your viewing. You are responsible for any and all charges to your account.

B. If and when you elect to purchase a Site Product, you agree to: (a) provide true, accurate, complete, and current Personal Financial Information; (b) maintain and promptly update Personal Financial Information to keep it true, accurate, current, and complete. In addition you acknowledge and agree that: (i) the terms of service and privacy policy of the independent third party company (or companies) selected by Fox to collect, transmit and/or process your Personal Financial Information shall apply to all Personal Financial Information; and (ii) you expressly consent that your online order for the Site Product will be fulfilled by the applicable independent third party company selected by Fox. You acknowledge and agree that in the event such independent third party company experiences a data breach that compromises or otherwise affects your Personal Financial Information Fox will in no way be responsible or liable to you for any such breach. You shall contact the applicable independent third party company regarding such any data breach.

C. Refund Policy for SimLeague and Dynasty Games.

1. SimLeague: You may receive a full refund of the purchase price of any SimLeague or Hardball Dynasty Game until the schedule is generated for your league; however, once the schedule has been generated for such game, a refund can not be issued. If you request a refund for any unused teams purchased as part of a multi-pack purchase, the maximum refund you may receive will be for the balance of the purchase amount minus the used teams at the non-discounted price. For example, if you purchase a 6 pack of SimLeague Baseball teams for $59.95 and use 2 of those teams in leagues and request a refund for the remaining 4 teams, you would receive a refund of $34.05 ($59.95 - $12.95 - $12.95).

2. Dynasty Games. You may receive a refund for unused Dynasty Game (with the exception of Hardball Dynasty Game, which is governed by C.1 above) seasons if the request comes before the renewal deadline for the current Dynasty Game season you are participating in. If the unused seasons were purchased as part of a multi-pack, the maximum refund you may receive will be for the balance of the purchase amount minus the used seasons at the non-discounted price. For example, if you purchase a 10 pack of Hoops Dynasty seasons for $99.95 and use 5 of those seasons and request a refund for the remaining 5 seasons, you would receive a refund of $35.20 ($99.95 - (5 x $12.95)).

Violating our Terms of Service, Privacy Policy and/or Fair Play Guidelines disqualifies you from being eligible for any refunds. All other refund requests will be subject to the sole discretion of Fox.

Fox reserves the right to refuse the purchase of any Site Product if Fox determines the User to be unsuitable for such purchase.

6. Proprietary Rights in Content on the Site.

A. Fox does not claim any ownership rights in the text, files, images, photos, video, stills, audio, sounds, musical works, works of authorship, or any other materials (collectively "Content") that you may post to the Site Services (Content posted by any User, "User Content"); provided, however, that User Content shall not include any Content posted by a User that is already owned by Fox or any Fox affiliates, which for purposes of this Section shall include all subsidiaries of Twenty-First Century Fox, Inc. After posting your User Content to the Site Services, as between Fox and you, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose; provided that such User Content is not owned by Fox or its affiliates. By displaying or publishing ("posting") any User Content on or through the Site Services, you hereby grant to Fox and our affiliates, licensees and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, modify, create derivative works based upon, publicly perform, publicly display, reproduce, and distribute such User Content on and through all media formats now known or hereafter devised, (including, without limitation, through the Site or mobile devices), for any and all purposes including, without limitation, promotional, marketing, trade or commercial purposes. Fox's use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity.

B. You represent and warrant that: (i) you own the User Content posted by you on or through the Site Services or otherwise have the necessary rights, licenses, consents and permissions to grant the license set forth in this Section, and (ii) the posting of your User Content on or through the Site Services does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Site Services.

C. The Site Services contain Content of Fox or its licensors ("Fox Content"). Fox Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and Fox, Fox owns and retains all rights in the Fox Content and the Site Services. Fox hereby grants you a limited, revocable, nonsublicensable license to use the Fox Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Site Services. If you wish to reproduce or distribute any Fox Content found on this Site you may submit a request for permission to reproduce or distribute such Fox Content by contacting Fox in writing at:

1. For requests related to video content contact: Fox Sports Interactive Media, LLC, c/o Fox Cable Networks, Business & Legal Affairs, 10201 West Pico Boulevard, Building 103, Los Angeles, California 90035.

2. For request related to all other content (including reprints of written content posted on the Site) contact: Fox Sports Interactive Media, LLC, c/o Fox Cable Networks, Business & Legal Affairs, 10201 West Pico Boulevard, Building 103, Los Angeles, California 90035.

You are also strictly prohibited from creating works or materials (including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise) that derive from or are based on the Fox Content or materials contained on the Site or through the Site Services. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. The only exception to this policy is if Fox provides the material to Users of the Site solely as part of a contest or challenge, however, such works or materials and any derivative works created by any User as part of any such contest or challenge, and any copyright or other rights related thereto, will at all times remain the sole property of Fox.

D. Except for User Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on the Site or through the Site Services.

7. Content Posted.

A. Fox may delete any User Content that in the sole judgment of Fox violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Fox assumes no responsibility for monitoring the Site Services for inappropriate User Content or conduct. If at any time Fox chooses, in its sole discretion, to monitor the Site Services, Fox nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.

B. You are solely responsible for the User Content that you post on or through any of the Site Services. Fox does not endorse and has no control over the Content. Content is not necessarily reviewed by Fox prior to posting and does not necessarily reflect the opinions or policies of Fox. Fox makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content.

8. Content/Activity Prohibited.

A. Please choose carefully the information you post on the Site and that you provide to other Users. Your Member profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter, including, without limitation, photographs, video and/or text. Despite this prohibition, information provided by other Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Fox assumes no responsibility or liability for this material. If you become aware of misuse of the Site Services by any person (including, but not limited to, any of the items listed in this Section 8), please send an e-mail directly to: website@whatifsports.com and include the nature of the misuse and include the URL of the related page in your e-mail.

B. The following, in addition to the Rules of Conduct, (as described in Section 16 below) is only a partial list of the kind of Content that is illegal or prohibited to post on or through the Site Services. Fox reserves the right to investigate and take appropriate legal action against anyone who, in Fox's sole discretion, violates this provision, including without limitation, removing the offending communication from the Site Services and terminating the membership of such violators. "Prohibited Content" includes, but is not limited to the following types of Content that, in the sole discretion of Fox:

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

2. exploits people in a sexual or violent manner;

3. contains nudity, violence, or offensive subject matter or contains a link to an adult website;

4. solicits personal information from anyone under 18;

5. provides any telephone numbers, street addresses, last names, URLs or email addresses;

6. contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing unauthorized copies of movies or television series or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

7. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

8. contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); or

9. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users.

C. The following, in addition to the Rules of Conduct, is a partial list of the kind of activity that is illegal or prohibited on the Site and through your use of the Site Services. Fox reserves the right to investigate and take appropriate legal action against anyone who, in Fox's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to any of the following activities:

1. spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, trademark infringement or theft of trade secrets.

2. covering or obscuring the banner advertisements on your personal profile page, or any Fox page via HTML/CSS or any other means.

3. interfering with, disrupting, or creating an undue burden on the Site Services or the networks or services connected to the Site Services.

4. attempting to impersonate another User or person.

5. using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account.

6. selling or otherwise transferring your profile.

7. using any information obtained from the Site Services in order to harass, abuse, or harm another person.

8. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on the Site or through the Site Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose

9. using the Site Services in a manner inconsistent with any and all applicable laws and regulations.

D. With respect to the Site's video player(s), you must not modify, enhance, or otherwise alter in any way any portion of a video player or its underlying technology. This restriction includes disabling or otherwise modifying a video service in a manner that enables Users to view the Content without using the Site's video player(s). Also, you may not embed the Site's video player(s) on any website or other location that contains Prohibited Content.

9. Notice and Procedure for Claims of Copyright Infringement.

Fox respects the intellectual property of others, and requires that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is the Site's policy to terminate, in appropriate circumstances, the membership of repeat infringers. Fox has a policy of terminating repeat infringers in appropriate circumstances.

If you believe that any material contained in this Site, or any material or activity contained on a site to which Fox, by use of an information location tool, has referenced or linked, infringes your copyright, you should notify Fox of your copyright infringement claim in accordance with the procedure set forth below.

Fox will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is:

Copyright Agent
Fox Sports Interactive Media, LLC
Email: Whatif.DMCA@fox.com
Subject Line: Whatif Sports DMCA
Telephone: (310) 369-7069
Fax: (310) 969-5660
Address: 10201 W. Pico Blvd.
Los Angeles, CA 90035

To be effective, the notification must be in writing and contain substantially the following information (DMCA, 17 U.S.C. 512(c) (3) and 512(d)):

A. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

B. 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;

C. 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 (or in the case of references or links that are claimed to have infringing material or activity, identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link);

D. Information reasonably sufficient to permit the service provider 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;

E. 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;

F. A statement that the information in the notification is accurate and a statement, made 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.

E-mails sent to: Whatif.DMCA@fox.com for purposes other than communication about copyright claims may not be acknowledged or responded to.

10. Unsolicited Submissions. Fox does not knowingly accept, via this Site or otherwise, unsolicited submissions including, without limitation, submissions of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, ideas or concepts. Fox's policy is to simply delete any such submission without reading it or forwarding it to other Fox staff. Therefore, any similarity between an unsolicited submission and any elements in any Fox creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.

If unsolicited submissions are sent to Fox via this Site (including, without limitation, through any public forum) however, such submissions and any copyright become the property of Fox and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Fox sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Fox, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

11. Employment Opportunities. Fox may, from time to time, post Fox employment opportunities on the Site and/or invite Users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to Fox in response to employment listings, you are authorizing Fox to utilize this information for all lawful and legitimate hiring and employment purposes. Fox also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Site shall constitute a promise by Fox to contact, interview, hire or employ any individual who submits information to it, nor shall anything in this Agreement or contained in the Site constitute a promise that Fox will review any or all of the information submitted to it by Users of the Site.

12. Fox Newsletters and Email Alerts. Fox may deliver newsletters and email alerts to its Subscribers on a variety of Fox products and services. If you would like to subscribe to any of the newsletters or email alerts Fox offers or change the email address to which your Fox newsletters are sent, you may do so by visiting My Locker section of the Site. If you would like to unsubscribe from any Fox newsletter, you may do so in any of the following ways: (i) by sending an e-mail with the word "Unsubscribe" in the subject line to website@whatifsports.com; or (ii) by visiting http://www.whatifsports.com/locker/accountinfo.asp and following the instructions referenced at the top of the page.

13. Sweepstakes and/or Contests. Sweepstakes, contests, games and other promotions run on the Site by Fox may require the User to provide some personally identifiable information such as full name, address, e-mail address, and phone number (collectively, "PII"), in order to participate. Fox may use a reputable third party to manage and administer some or all of its sweepstakes and/or contests. This third party may have access to some or all of the PII that is provided by the User in order to participate in the sweepstakes and/or contest. In those instances, the third party will be instructed by Fox to use the PII solely for the specific sweepstakes and/or contest related purpose for which it was requested, and in compliance with the Site's Privacy Policy. Most often this information is used only to select and contact winners of the sweepstakes and/or contests. Any other use of the PII by the third party is strictly prohibited. Our sweepstakes and/or contests are targeted to individuals 18 years of age and older, and individuals under 18 years of age are not eligible to participate unless specifically permitted by the official rules of the related sweepstakes or contest. Fox requires proof of age in order for an individual to collect any prizes awarded. Individuals may only be a prize winner once in any ninety (90) day period.

14. SimLeague and Dynasty Games.

A. SimLeague and Dynasty Games that are run on the Site may require the Subscriber to provide Fox with some PII such as full name, address and e-mail address in order to participate. If the SimLeague and/or Dynasty Game require payment in order to play, the Subscriber will be required to provide Personal Financial Information. Fox may use a reputable third party to manage and/or administer some or all of the SimLeague and/or Dynasty Game, including using an independent third party company to collect, transmit and/or process your Personal Financial Information for payment for such SimLeague and/or Dynasty Game. This third party may have access to some or all of the PII and Personal Financial Information that is provided by the Subscriber in order to participate in the SimLeague and Dynasty Game. You should review the terms of service and privacy policy of the applicable independent third party company prior to subscribing, as those policies will govern the collection, transmission and processing of your PII and Personal Financial Information.

B. All Fox SimLeague and Dynasty Games and their components are offered for informational and/or entertainment purposes only and may not be used in connection with any form of gambling or wagering. Fox and/or any third parties used to provide the SimLeague and Dynasty Games will use reasonable efforts to include accurate and up-to-date information, such as statistics, rankings, etc., however, neither Fox nor the applicable third party warrant or make any representations of any kind with respect to the information provided to you. Neither Fox or any of its providers shall be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available, and shall not be responsible or liable for any error or omissions in that information. SimLeague and Dynasty Games are subject to all federal, state and local laws and void where otherwise prohibited or restricted by law.

C. All SimLeague and Dynasty Games and any related benefits are offered at the discretion of Fox, and Fox has the right to modify or discontinue, temporarily or permanently, any SimLeague and Dynasty Games, whether in whole or in part for any reason, with or without notice to you. You agree that Fox will not be liable to you or to any third party for any modifications or discontinuance. If you witness any user activity in any Fox SimLeague and Dynasty Games that violates this Agreement or the specific SimLeague or Dynasty Games rules then in effect, please notify us of such activity at: (i) http://www.whatifsports.com/knowledgebase/SubmitTicket.aspx; or (ii) feedback@whatifsports.com. Fox does not guarantee that any action will be taken as a result of your notification, but it appreciates your assistance.

D. To review the SimLeague and Dynasty Games Supplemental Fair Play Guidelines concerning the Fox SimLeague and Dynasty Games, please click here: SimLeague and Dynasty Games Fair Play Guidelines.

15. Message Boards and Public Forums. You acknowledge that message boards and public forums offered on the Site are for public and not private communications, and you have no expectation of privacy with regard to any User Content posted, submitted or distributed on or through a message board or public forum. Fox cannot guarantee the security of any information you disclose through any of these message boards or public forums; you make such disclosures at your own risk. Fox is not responsible for the content or accuracy of any information posted on a message board or public forum, and shall not be responsible for any decisions made based on such information. The Rules of Conduct, which is incorporated into this Agreement by this reference, apply to any post that you make on or through the message boards or public forums offered on the Site. To review the Rules of Conduct please click here: Rules of Conduct.

16. Member Disputes. You are solely responsible for your interactions with other Fox Members. Fox reserves the right, but has no obligation, to monitor disputes between you and other Members.

17. Privacy. Use of the Site Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

18. Jurisdictional Issues. Fox makes no representation that materials on the Site are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable.

19. Disclaimers. Fox is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Site Services, whether caused by Users of the Site Services or by any of the equipment or programming associated with or utilized in the Site Services. Profiles created and posted by Members on the Site may contain links to other websites. Fox is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Fox. Inclusion of any linked website on the Site or the Site Services does not imply approval or endorsement of the linked website by Fox. When you access these third-party sites, whether or not sites operated by companies affiliated or connected with Fox, you do so at your own risk. When visiting any third-party sites you should refer to each such web site's individual "Terms of Service" and not rely on this Agreement in any way. Fox takes no responsibility for third party advertisements which are posted on this Site or through the Site Services, nor does it take any responsibility for the goods or services provided by its advertisers. Fox is not responsible for the conduct, whether online or offline, of any User of the Site Services. Fox 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 communication. Fox 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 on any of the Site Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site Services. Under no circumstances shall Fox be responsible for any loss or damage, including personal injury or death, resulting from use of the Site Services, attendance at a Fox event, from any Content posted on or through the Site Services, or from the conduct of any Users of the Site Services, whether online or offline. The Site Services are provided "AS-IS" and as available and Fox expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Fox cannot guarantee and does not promise any specific results from use of the Site Services.

20. Limitation on Liability. IN NO EVENT SHALL FOX AND/OR THE SITE 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 SITE SERVICES, EVEN IF FOX AND/OR THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF Fox AND/OR THE SITE 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 FOX AND/OR THE SITE FOR THE SITE SERVICES DURING THE TERM OF MEMBERSHIP.

21. U.S. Export Controls. Software available in connection with the Site Services (the "Software") is further subject to United States of America export controls. No Software may be downloaded from the Site Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

22. Disputes. If there is any dispute about or involving the Site Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site.

23. Indemnity. You agree to indemnify and hold Fox, its subsidiaries, and affiliates, and their respective officers, agents, 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: (a) your use of the Site Services in violation of this Agreement; (b) your breach of this Agreement; (c) any violation of the Rules of Conduct; or (d) any breach of your representations and warranties set forth above and/or if any Content that you post on the Site or through the Site Services causes Fox to be liable to another.

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