Fantasy LIVE

Effective Date: August 15, 2010

OPEN SPORTS NETWORK, INC. TERMS OF USE
Effective Date: August 15, 2010

GENERAL

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE ("TOU") BEFORE USING THE WEB SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
OPEN Sports Network, Inc. ("Company" or "we," "our," or "us") owns or controls, and provides access to, several interactive web sites (however accessed and/or used, whether via personal computers, mobile devices or otherwise) or other interactive features and widgets that are accessible or downloadable through the web sites owned or controlled by Company and that link to these TOU (collectively, "Web Sites"). These TOU govern your use of the Web Sites. These TOU only apply to the Web Sites, and not to any other web site or any offline activities by Company (unless specifically stated).

1. ACCEPTANCE OF TERMS

Your use of the Web Sites is subject to these TOU, which may be updated by us from time to time without notice to you. It is important for you to refer to these TOU from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these TOU. Your use of the Web Sites constitutes your acceptance of these TOU.

2. DESCRIPTION OF WEBSITE SERVICES

The Web Sites currently provide users with access to a rich collection of online resources, including various sports-related content, information and data, online forums, games and fantasy games, contests, communications tools, personalized content and branded content.  Unless explicitly stated otherwise, any new features that augment or enhance the Web Sites, including the release of new or specialized Company web-based services, are subject to these TOU. In some instances, these TOU and a separate end user license or similar agreement will apply to a service or product offered by Company and/or the Web Sites. We may add, change, remove, suspend or discontinue any aspect of the Web Sites at any time without notice. We may also impose limits on certain features and services or restrict access to parts of or all of the Web Sites without notice or liability. In order to use the Web Sites, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, (e.g., personal computer, modem, cell phone, other access device, etc.).

3. INTELLECTUAL PROPERTY OWNERSHIP; LICENSE

The past, present and future Web Sites content, including, without limitation, organization, graphics, text, images, audio, videos, designs, compilations, advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to the Web Sites, including without limitation, the "look and feel" of the Web Sites (collectively, "Content") are protected by applicable copyrights and other proprietary (including, but not limited to, intellectual property) rights and are the property of Company, its parent, subsidiaries, affiliates, or its licensors. Except as expressly set forth in these TOU or otherwise expressly granted to you in writing by Company, no rights (either by implication, estoppels or otherwise) are granted to you. The copying, reproduction, rearrangement, sales, leasing, renting, distribution, redistribution, modification, downloading, exchanging, creating of derivative works, uploading, posting, transmitting, or publication by you, directly or indirectly, of the Content, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Web Sites. Copying, archiving or storing any part of the Web Sites for a purpose that is not permitted by these TOU is expressly prohibited without prior written permission from Company or the applicable copyright holder as identified on the Web Sites.
Subject to your strict compliance with these TOU, Company grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download - view, use and/or play a single copy of the Content (excluding source and object code), provided that you: (i) retain all trademark, copyright and other proprietary notices contained in the original Content or any copy you may make of the Content; (ii) do not allow or aid or abet any third party (whether or not for your benefit) to copy or adapt the object code of the Web Sites' software, HTML, JavaScript, or other code; reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Web Sites create to generate its web pages; or any software or other products or processes accessible through the Web Sites; and (iii) do not insert any code or product to manipulate the Content in any way that affects any user's experience.

4. LINKS TO OTHER WEB SITES

The Web Sites may contain hyperlinks to other web sites ("Other Sites"). If you use the hyperlinks to access these Other Sites, you will leave the Web Sites and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy and those Other Sites may have different practices and requirements than the Web Sites. Company may not have knowledge of, and is not responsible for, the content presented by any Other Site. As such, Company does not warrant or make any representation regarding the legality, accuracy, or authenticity of content presented by Other Sites. The hyperlinks to Other Sites do not constitute an endorsement by Company of any Other Site(s) or resources, or their content. The Web Sites are only providing these links to you as a convenience and will not be liable for any damages or injury arising from your access to such sites or content.

5. OUR LINKING POLICY

Any web site that links to the Web Sites: (a) must not frame or create a browser or border environment around any of the Content of the Web Sites; (b) may link to, but not replicate, the Content; (c) must not imply that Company or the Web Sites are endorsing or sponsoring it or its products, unless Company has given its prior written consent; (d) must not present false information about Company or its products or services; (e) must not use any Company trademarks without the prior written permission from Company; and (f) must not contain content that could be construed as distasteful, offensive or controversial. By linking to any of the Web Sites, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these TOU, we reserve the right to deny permission to link to the Web Sites for any reason in our sole and absolute discretion.

6. ACCEPTABLE USE

You will not use the Web Sites to:

  • Upload, post, e-mail, transmit, display, distribute, promote, or otherwise make available:
    1. any material that is false, unlawful, threatening, tortuous, disparaging (including disparaging of Company, its parent, subsidiaries or affiliates), anything that adversely affects OPEN Sports business such as discouraging any person or entity from advertising with, linking to or supplying OPEN Sports, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in Company's sole discretion;
    2. information, software, or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right;
    3. material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, or other malware;
    4. any material containing bots, scripts, or other components that automate use of the system,  restrict or inhibit any other user's uninhibited use and enjoyment of the Web Sites, interfere with or disrupt the Web Sites or servers or networks connected to the Web Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Sites;
    5. information or material of any kind that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the Web Sites, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to the Web Sites; or
    6. any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," requests for money, petitions for signature, or any other form of solicitation.
  • Encourage, promote, solicit or commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other entity.
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Web Sites are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • Stalk, abuse, sexually exploit, violently exploit, act violently toward or otherwise harass another user;
  • Use or attempt to use another's information, account, password, service or system except as expressly permitted;
  • Solicit or collect personal data including telephone numbers, addresses, last names, or email addresses, about other users.

You represent, warrant and agree that you will comply with the above acceptable use policy.


7. USER ACCOUNTS, ADDITIONAL TERMS, AND END USER LICENSE AGREEMENTS

Registration may be required for the use of certain portions of the Web Sites (e.g., e-mail, newsletters, fantasy games/content, community, games, sweepstakes, contests, specialized content downloads, web tools, retail sales, wireless alerts, etc.). In some instances, separate end user license agreements or supplemental terms of use may set forth additional conditions applicable to a service or product offered via the Web Sites. To the extent there is a conflict between these TOU and the terms of any service- or product-specific end user license agreement or supplemental terms of use, the end user license agreement or supplemental terms of use will control, unless the additional conditions expressly state that these TOU will control. In cases where there are no additional terms or conditions stated for any such registrations, services or products, these TOU will control. Registration data and certain other information about you are subject to the privacy policy posted at the Web Site on which you are providing your registration information. Please read that privacy policy for information on how your data will be handled.
If you choose to provide information to the Web Sites, you agree to provide only true, accurate, current and complete information. If you create a user account, you agree that you are responsible for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer, cell phone (or other internet access device, as applicable) so that others may not access any password-protected portion of the Web Sites using your name, user name or password in whole or in part.

The User agrees and acknowledges that:

  • OPEN Sports Network, Inc. will make reasonable efforts to ensure that deposits and withdrawals are processed in a timely manner. We give no warranties regarding the amount of time needed to complete processing. We cannot be held responsible for delays in the banking networks, failures on part of the processor or actions of other parties involved in the processing of funds that may result in processing delays, reprocessing or reversal of transactions or the seizure or freezing of funds, nor will we be liable for any actual or consequential damages arising from any claim of delay or seizure.
  • We will not be liable for any actual or consequential damages arising from any claim of delay or loss as a result of invalid, incomplete or erroneous financial or personal data provided by the User with their deposit or withdrawal request.
  • That all monies held in your account do not accrue interest.
  • As part of OPEN Sports Network, Inc.' licensing agreement and in compliance  with anti money laundering legislation, Users need to be aware they may be required to produce personal  documentation (such as  Government issued ID, bank statements and utility bills) upon request in order for their deposit or withdrawal to be processed.  This allows OPEN Sports Network, Inc. to help protect the Users and prevent OPEN Sports Network, Inc. being used as a vehicle for money laundering or fraud. Withdrawal can be made at anytime, but the total may not exceed $9,999 per transaction.
  • Any cancelled or rejected withdrawal will be refunded to your account in the currency and amount debited from your OPEN Sports Network, Inc. account balance with your original withdrawal request took place.
  • Any returned deposit will be debited from your account in the currency and amount credited to your OPEN Sports Network, Inc. account balance with your original deposit request took place.
  • OPEN Sports Network, Inc. is not a bureau de change (currency exchange). We are not responsible for any loss due to changes in exchange rate.

8. PROMOTIONS

The Web Sites may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor's requirements of you in connection with the applicable sweepstakes, contest or promotion.

9. SOFTWARE

Any software that we make available for download or use from the Web Sites and/or our servers (the "Software") is the copyrighted work of Company or its licensors or suppliers. Your use of the Software may be governed by the terms of an end user license agreement that accompanies or is included with the Software (the "License Agreement"). Please carefully read the License Agreement and Paragraph 7 above to determine the full extent of conditions governing the use of such Software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH SOFTWARE.

10. COPYRIGHTS AND COPYRIGHT AGENTS

We respect the intellectual property of others, and ask our users to do likewise.  Company may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company's copyright agent the following information: (a) 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 copyright 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 information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Company's copyright agent for notice of claims of copyright infringement on or regarding the Web Sites can be reached as follows:
By mail:

OPEN Sports Network, Inc.
2200 SW 10th Street
Deerfield Beach, FL 33442
Attn: Copyright Agent

By email: termsofuse@opensports.com

NOTE: This contact information is for inquiries regarding potential copyright infringement only.

11. THIRD PARTY CONTENT AND INFORMATION

The Web Sites contain Content that is provided for your convenience and enjoyment. Third parties provide some of the Content. You acknowledge and understand that the Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Content may be subject to terms and conditions, which may be found on the Web Sites or in the documents and policies of third parties. You agree that you solely bear the risk of any reliance on the Content.  We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing.
Third party advertisers may offer goods, services and other materials to you on the Web Sites. Your correspondence and business dealings with others found on or through the Web Sites including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that Company will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other Content on the Web Sites. Under certain circumstances, we may permit third party users to upload content, and you acknowledge that you may be exposed to content that you consider offensive, indecent or objectionable.
Descriptions of, or references to, products, services or publications within the Web Sites do not imply endorsement of that product, service or publication.

12. INFORMATION YOU SUBMIT

From time to time, the Web Sites may contain functionality through which you can upload or otherwise submit information, data, software, messages, photographs, audio, video, text and other materials to the Web Sites ("Your Upload Information"). For example, the Web Sites may offer forums, bulletin boards, wiki, chat rooms or other interactive areas ("User Forums"). Company, its parent, subsidiaries or affiliates or the directors, officers, employees, or other representatives of each of them do not endorse the content posted in User Forums. You acknowledge that Company may or may not pre-screen Your Upload Information, but  that Company and its designees shall have the right, but not the obligation, to delete, move or edit Your Upload Information, in whole or in part, for any reason in their sole discretion. Company reserves the right to suspend or terminate your access to the Web Sites and pursue all legal remedies if we believe your Upload Information infringes another's copyright or otherwise violates any law, rule or regulation. You acknowledge and agree that you are prohibited from accepting payment for Your Upload Information, including, without limitation, accepting payment for the inclusion of a logo, brand or other commercial content, in Your Upload Information.

All of Your Upload Information is your sole responsibility. This means that you, and not Company, are entirely responsible for all of Your Upload Information that you upload, post, e-mail, transmit or otherwise make available via the Web Sites. If you post personal information in User Forums or on other publicly available areas of the Web Sites then you may receive unsolicited messages from third parties. Company cannot ensure the security of any information you post on publicly available areas of the Web Sites. Under no circumstances will we be liable in any way for any of Your Upload Information including, but not limited to, any errors or omissions in Your Upload Information, or for any loss or damage of any kind incurred as a result of Your Upload Information. You represent and warrant that Your Upload Information is an original work by you or you have all necessary rights in it and to submit it to Company under the terms of these TOU; that it is not defamatory; and that it does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule, or regulation. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, connected to or arising from your breach of any representation or warranty, or other violation of the terms of the TOU or any User Agreement.

Except as otherwise described in the posted privacy policy or other agreement on the Web Site at which you provide Your Upload Information, Your Upload Information will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including but not limited to claimed intellectual property owners. When you upload Your Upload Information via the Web Sites, you irrevocably grant to Company, its parent, subsidiaries, affiliates, and partners a perpetual, non-exclusive, worldwide, royalty-free, and fully sublicensable license to use, reuse, modify, adapt, alter, archive, publish, sub-license, publicly perform, publicly display, reproduce, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, any of Your Upload Information or portions of Your Upload Information, and to incorporate Your Upload Information into other works in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products using such Uploaded Information. You hereby waive any moral rights you may have in and to any of Your Upload Information, even if such material is altered or changed in a manner not agreeable to you. You agree and understand that Company, its parent, subsidiaries, affiliates, and partners are not obligated to use Your Upload Information submitted through the Web Sites or otherwise, and may alternatively choose to discard, and limit or block access to Your Uploaded Information without any liability whatsoever.

You acknowledge, consent and agree that Company may access, preserve and disclose Your Upload Information and your account information if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOU; (iii) respond to claims that any information violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Company, its users and the public.

13. DISCLAIMER OF WARRANTIES

THE WEB SITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITES, ARE PROVIDED "AS IS," "AS AVAILABLE, " AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEB SITES; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEB SITES; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITES; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEB SITES BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITES OR ANY LINKED SITE. COMPANY DOES NOT WARRANT THAT THE WEB SITES, ANY OF THE WEB SITES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR-FREE, OR UNAFFECTED BY INTERNET OUTAGES OR LATENCY; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEB SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEB SITES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITES OR THE CONTENT. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

14. DISCLAIMERS / LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITES AS SET FORTH BELOW:
UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS") BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM (1) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITES; OR (5) ANY OTHER MATTER RELATING TO THE WEB SITES. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

15. INDEMNITY

You agree to defend, indemnify and hold harmless the Company Entities And Individuals with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this TOU, including, without limitation: (a) your use of the Web Sites; (b) your violation of these TOU or any law, rule or regulation; (c) your use of the Content; or (d) any of Your Upload Information. You will cooperate as fully and reasonably as required by Company in the defense of any claim. Notwithstanding the foregoing, Company retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Company herein under the terms and provisions of this Section 15 and in no event shall you settle any such claim without Company's prior written approval.

16. GOVERNING LAW

The TOU and the relationship between you and Company shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.

17. ARBITRATION

Any controversy or claim arising out of or relating to these TOU, with the exception of those controversies or claims specifically excluded below, shall at the sole discretion of the Company to either litigate or be settled by binding arbitration in accordance with the American Arbitration Association (“AAA”) Commercial Arbitration Rules (“AAA Rules”), and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”). The determination of whether a dispute if not litigated and is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules.
You and Company agree that the following disputes are not subject to this binding arbitration provision: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Company’s intellectual property rights; (2) any dispute related, or arising from, allegations of invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
For any dispute not subject to arbitration, or where no election at the sole discretion of the Company to arbitrate has been made, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Broward County, Florida.  You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

18. MISCELLANEOUS

You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Web Sites and the Content, including, without limitation, those governing your transmission or use of any software or data. These TOU and any applicable end user license agreements or supplemental terms of use contain the sole and entire agreement between the parties with respect to the Web Sites, the Content and Your Upload Information and supersede any and all other prior written or oral agreements between them. The section titles in these TOU are for your convenience only and do not have any legal or contractual effect. If any provision of these TOU shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.  The failure of Company to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. No waiver on the part of Company of any of these TOU will be of any force or effect unless made in writing and signed by a duly authorized officer of Company.
You agree that, except as specifically provided in these TOU, there shall be no third party beneficiaries to these TOU.
Please see our Privacy Policy for information regarding the collection and use of personal information from this website.
The Websites and the information contained or referred to herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.

19. TERMINATION

You understand and agree that Company will determine your compliance with these TOU in its sole discretion. Company reserves the right to deny access to all or part of the Web Sites and to deny access to any person in its sole discretion without notice or liability of any kind. Any violation of these TOU may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by Company, you must destroy all materials obtained from this Web Site and all related documentation.

20.  MODIFICATIONS TO SERVICE

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Web Sites (or any part thereof), with or without notice.  You agree that Company shall not be liable to you or any third party for any modification, suspension or discontinuance of the Web Sites.

21. VIOLATIONS

You agree that you will report any violations of these TOU to termsofuse@opensports.com.