1. Acceptance of Terms

College Fanz, Inc. d/b/a College Fanz Sports Network ("College Fanz", "we" or "us") provides the Service (as defined herein) to you, subject to the following terms of service ("TOS") which may be updated by us from time to time without notice to you. It is important for you to refer to this TOS from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this TOS. You can review the most current version of the TOS at any time at: http://www.collegefanz.com/help/tos.one. Your use of the Service constitutes your acceptance of the TOS.

Guidelines are available to explain the Service in more common language. Use of the Service constitutes your acceptance of the Guidelines.

2. Service Description

College Fanz currently provides users with access to a rich collection of online resources, including, various communications tools, online forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new College Fanz properties, shall be subject to these TOS. College Fanz may change, suspend or discontinue any aspect of the Service at any time. College Fanz may also impose limits on certain features and services or restrict access to parts of or all of the Service without notice or liability. In order to use the Service, you must obtain access to the world wide web, 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 world wide web, including a computer and modem or other access device. You agree that these TOS are personal to You and that You may not resell, lease, license, assign or redistribute the Service, in whole or in part, to any third party. College Fanz also may offer other services from time to time, which are governed by different terms of services.

3. Links

The Service contains hyperlinks to other world wide web sites which are not included as part of the Service ("Other Site(s)"). If you use the hyperlinks to access these Other Sites, you will leave the Service and your browser will be re-directed to the Other Sites. College Fanz may not have reviewed the content of any Other Site, and, whether or not it has reviewed the content of any Other Site(s), does not warrant or make any representation regarding any Other Site's accuracy or authenticity. The hyperlinks to Other Sites do not constitute an endorsement by College Fanz of any Other Site(s) or resources, or their content. College Fanz is only providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by College Fanz of the Other Site.

Any Other Site that links to the Service: (a) shall not create a browser or border environment around any of the content of the Service; (b) may link to, but not replicate, College Fanz content; (c) shall not imply that College Fanz is endorsing or sponsoring it or its products; (d) shall not present false information about College Fanz or its products or services; (e) shall not use Trademarks without the prior written permission from College Fanz; and (f) shall not contain content that could be construed as distasteful, offensive or controversial.

Notwithstanding anything to the contrary contained in this TOS, we reserve the right to deny permission to link to the Service from any website for any reason in our sole and absolute discretion.

4. Copyright; Trademark

The Service is protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws. All materials contained on the Service are protected by copyright and are owned or controlled by College Fanz or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Service. Copying or storing any part of the Service is expressly prohibited without prior written permission from College Fanz or the copyright holder as identified on the Service.

College Fanz.com, and other service marks, trademarks and logos displayed on the Service (the "College Fanz Trademarks") are the property of College Fanz or its licensors. You agree not to display or use the College Fanz Trademarks in any manner.

Permission to use materials from the Service (the "Materials") is granted provided that: (a) The copyright notice appears in all copies; (b) Use of such Materials is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media; and (c) No modifications of the Materials are made.

Elements of the Service including, but not limited to, the "look and feel," are protected by tradedress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Service may be copied or retransmitted unless expressly permitted by College Fanz.

5. Representations and Warranties

You represent, warrant and covenant that You will not upload, post, transmit, distribute or otherwise publish through the Service any materials which: (a) Restrict or inhibit any other user from using and enjoying the Service; (b) Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (c) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (d) Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (e) Contain a virus or other harmful or potentially harmful component; (f) Contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or (g) Constitute or contain false or misleading indications of origin or statements of fact.

You represent, warrant and covenant that You will comply with the College Fanz Acceptable Use Policy.

6. Registration and Privacy Policy

Registration may be required for the use of certain portions of the Service (e.g. member programs). Your registration shall not impose any duty on us to provide any particular service to you. If the terms of any College Fanz registration agreement conflict with the terms of this TOS, the registration agreement shall control.

Registration data and certain other information about you are subject to our privacy policy. For more information, see our full privacy policy at: www.College Fanz.com/privacy policy.

7. Software

Any software that we make available for download from the Service and/or our servers (the "Software") is the copyrighted work of College Fanz, licensors or its suppliers. Your use of the Software is governed by the terms of the end user license agreement which accompanies or is included with the Software (the "License Agreement"). An end user may not install any Software, which is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

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 ACCOMPANYING SUCH SOFTWARE.

Any Software which is downloaded from the Service or College Fanz' servers for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.

8. Termination Due to Improper Use of Copyrighted Materials

College Fanz has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide College Fanz' copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (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 that is to be removed or access to which is to be disabled, 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.

College Fanz' copyright agent for notice of claims of copyright infringement on or regarding the Service can be reached as follows:

College Fanz
Attn: Copyright Agent for College Fanz.com
PO Box 5384
Grand Island,
NE 68802

9. Service Content and Information; Features

The Service contains information, advice, text, materials, and goods and services (collectively, the "Materials") that are provided for your convenience and enjoyment. Third parties provide some of the Materials. You should be aware that the Materials might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Materials may be subject to terms and conditions which may be found on the Service or in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Materials 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 Service. Your correspondence and business dealings with advertisers found on or through the Service including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that we 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 goods, services, and other Materials on the Service.

Descriptions of, or references to, products or publications within the Service do not imply endorsement of that product or publication. We do not represent or warrant that every action you take with regard to your account and related activities on the Service will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using the Service.

Any aspect of the Service may be discontinued at any time.

10. Your Content

From time to time, College Fanz may permit you to upload information, advice, text, data, software, messages and other materials to the Service ("Your Content"). Your Content is your sole responsibility. This means that you, and not College Fanz, are entirely responsible for all of Your Content that you upload, post, e-mail, transmit or otherwise make available via the Service. If you post personal information on publicly available areas of the Service then you may receive unsolicited messages from third parties. College Fanz cannot ensure the security of any information you post on publicly available areas of the Service. Under no circumstances will College Fanz be liable in any way for any of Your Content including, but not limited to, any errors or omissions in Your Content, or for any loss or damage of any kind incurred as a result of the use of any of Your Content made available via the Service.

College Fanz does not claim ownership of Your Content. However, you hereby grant us a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content and to incorporate Your Content in other works in any form, media, or technology now known or later developed.

You acknowledge that we do not pre-screen Your Content, but that we have the right, but not the obligation, in our sole discretion to modify, transmit over various networks, refuse or move any of Your Content that is available on the Service. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Content. Without limiting the foregoing, College Fanz and its designees shall have the right to remove any of Your Content that violates the terms of service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of any Content. In this regard, you acknowledge that you may not rely on any Content created by College Fanz or submitted to College Fanz, including without limitation information in College Fanz Message Boards, and in all other parts of the Service.

You acknowledge and agree that College Fanz may archive Your Content and may also disclose Your Content at any time and for any reason.

Since we do not pre-screen user generated content, you may be exposed to content that is offensive, indecent, or objectionable.

Your Content that is illegal, profane, vulgar or prohibited is subject to removal. Your User Account may be terminated if you are a repeat offender.

11. Disclaimer of Warranties

The Service, including all content, software, documents, functions, materials, graphics, and information made available on or accessed through or sent from the Service, is provided "as is" to the fullest extent permissible by law, College Fanz and its subsidiaries and affiliates make no representation or warranties or endorsements of any kind whatsoever about: (a) the content on and provided through the service; (b) the materials, information and functions made accessible by the software used on or accessed through the service; (c) the materials, messages and information sent from the service by users; (d) any products or services offered by third parties or hypertext links to third parties; and/or (e) any breach of security associated with the transmission of sensitive information through the service or any linked site. College Fanz does not warrant that the functions contained in the service or any materials or content contained therein will be uninterrupted or error-free; that defects will be corrected; or that the service or the servers that makes it available are free of viruses or other harmful components.

College Fanz does not warrant that use of the Service is lawful in any particular jurisdiction and, in any event, specifically disclaim such warranties. you understand that by using any of the features of the Service, 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 Service. Further, College Fanz and its subsidiaries and affiliates disclaim any express or implied warranties including, without limitation, noninfringement, merchantability, fitness for a particular purpose, title and noninfringement.

College Fanz and its subsidiaries and affiliates shall not be liable for the use of the Dervice including, without limitation, the content and any errors contained therein. some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction's law is applicable to this agreement.

12. Limitation of Liability

Under no circumstances shall College Fanz be liable for any special, indirect, or consequential damages that are directly or indirectly related to the use of, or the inability to use, or the performance of, the Service, even if foreseeable or College Fanz has been advised of the possibility of such damages whether in an action of contract, negligence or other tortious action. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall College Fanz' total liability to you for all damages, losses, or causes of action exceed one hundred dollars ($100).

13. Indemnity

You agree to defend, indemnify and hold harmless College Fanz 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 Agreement, including, without limitation, your use of the Service. Notwithstanding the foregoing, College Fanz 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 College Fanz herein under the terms and provisions of this Section 13 and in no event shall you settle any such claim without College Fanz' prior written approval.

14. Governing Law

This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to its conflicts of laws rules.

15. Jurisdiction and Venue

The parties irrevocably submit and consent to the exclusive jurisdiction and venue of the Delaware state courts and the Federal Courts in and for the District of Delaware. The parties agree not to raise the defense of forum non conveniens.

16. Notices

Whenever, under the provisions of this TOS, you are required or permitted to give notice to College Fanz, you shall give the notice in writing. It shall be deemed given either when delivered personally, or by courier, or three days after mailing, postage prepaid by registered or certified mail, return receipt requested, addressed to College Fanz at the following address:

College Fanz
Attn: Terms of Service Agent for College Fanz.com
PO Box 5384
Grand Island,
NE 68802

Whenever, under the provisions of this TOS, College Fanz is required or permitted to give notice to you, College Fanz may send an e-mail to the address provided by you when you registered with the Service. If you have not provided an accurate e-mail address or if you have not registered with the Service, College Fanz may, but is not obligated to, send a notice to you in any reasonable way.

17. Miscellaneous

This TOS contains the sole and entire agreement between the parties with respect to the use of the Service and supersedes any and all other prior written or oral agreements between them. Captions contained in this TOS are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this TOS or the intent of any provision of this TOS. It is the intent of the parties that neither this TOS, nor any covenant in this TOS, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this TOS. If any provision of this TOS shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this TOS.

18. Violations

Please report any violations of the College Fanz TOS to:

College Fanz
Attn: Terms of Service Agent for College Fanz.com
PO Box 5384
Grand Island,
NE 68802

Updated: September 1, 2009

College Fanz Acceptable Use Policy
This College Fanz Acceptable Use Policy is incorporated into the College Fanz Terms of Service.
You shall not use the Service to:
1.Post, transmit, display, distribute or promote any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit or indecent material of any kind.
2.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.
3.Post, transmit, display, distribute or promote in any way, information, software, or other material that violates, plagiarizes 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.
4.Promote physical harm or injury against any group or individual.
5.Promote or solicit for participation in multi-level marketing or pyramid schemes.
6.Post, transmit, display, distribute or promote material that exploits or harms children under eighteen (18) years of age.
7.Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
8.Post, transmit, display, distribute or promote material of any kind which constitutes requests for money, petitions for signature, or chain letters.
9.Post, transmit, display, distribute or promote material of any kind that contains a virus or other harmful component.
10.Post, transmit, display, distribute or promote 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 headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the Service.
11.Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
12.Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
13.Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
14.Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
15.Restrict or inhibit any other user from using and enjoying the Service.
16.Stalk or otherwise harass another.
17.Collect or store personal data about other users.
18.Promote or sell products, services or for any other commercial purposes.
College Fanz may revise this College Fanz Acceptable Use Policy from time to time in its sole discretion and such revisions shall be effective upon publishing on the Service.

Updated: September 1, 2009