Family Fantasy Sports Website Terms and Conditions

GENERAL

Your use of the www.familyfantasysports.com website (the "Website") is governed by the following Terms and Conditions and the Website Privacy Policy at www.familyfantasysports.com, both of which all Users must read before using the Website. All pages within this Website (but not including any located on linked third party sites) are owned and operated by Broad Shoulders Ventures LLC (together with any and all of its affiliates, the "Company"). A "User" is defined as any person who accesses the Website, including you ("You"). These Terms and Conditions are a legal agreement between You and Company. BY USING THE WEBSITE, YOU REPRESENT, WARRANT AND AGREE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS, UNDERSTAND THEM, AGREE TO THEM AND HAVE THE LEGAL CAPACITY TO BE BOUND BY THEM. THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY MAY BE WHOLLY OR PARTIALLY CHANGED, MODIFIED, ADDED TO OR REDUCED AT ANY TIME BY THE COMPANY IN ITS SOLE DISCRETION WITHOUT SENDING ANY DIRECT NOTICES TO THE USERS. ANY CONTINUED USE BY A USER AFTER SUCH CHANGES SHALL CONSTITUTE SUCH USER'S AGREEMENT TO SUCH CHANGES. Users should visit the Website periodically to determine the applicable Terms and Conditions and Privacy Policy.

USER ACCOUNTS; PASSWORDS; INTERNET
(A) Company requires User registration for the use of some parts of the Website and its features (such as e-mail, newsletters, fantasy sports games, sweepstakes, contests, specialized content downloads, retail sales, etc.). In some instances, separate end user license agreements or terms of use that set forth additional conditions may apply to a service or product offered via the Website. To the extent there is a conflict between these Terms and Conditions and the terms of any applicable end user license or similar agreement, the end user license or similar agreement will control, unless the additional conditions expressly state otherwise. In cases where there are no additional terms or conditions for any such registrations, services or products, these Terms and Conditions will control.

(B) If You choose to provide information to the Website, You agree that You will provide only true, accurate, current and complete information and will keep it maintained and updated. If You create a user account, You agree to accept responsibility for all activities that occur under Your account or password and agree that 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 so that others may not access any password-protected portion of the Website using Your name, User name or password in whole or in part. You agree to notify us immediately of any unauthorized use of Your password or other account information.

(C) In order to use the Website, You must obtain access to the Internet and pay any service fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.

USER CONDUCT AND USE OF THE WEBSITE
(A) You agree to use the Website for lawful, noncommercial purposes only, and not to use content on the Website for purposes of creating, developing or promoting any enterprise, whether or not for profit. You shall comply with all federal, state, and local laws applicable to the use of this Website and shall not use the Website to engage in any conduct (i) that is unlawful, infringing, tortious, fraudulent, abusive, or otherwise harmful to Company or any other party or property; (ii) that violates another party's intellectual property, privacy or other rights; or (iii) that disrupts the normal flow of dialogue, causes a screen to scroll faster than other Users are able to type, or otherwise interferes with the operation, use or enjoyment of any service, system or other property. By way of illustration, the foregoing prohibited conduct includes, but is not limited to, using the Website or the services provided through the Website to (i) violate any law or applicable regulation; (ii) violate or attempt to violate the security or integrity of, or gain or attempt to gain unauthorized access to, this Website or any service, system, information or communication contained herein; (iii) interfere with another's use of the Website or the services provided on the Website through the posting or transmitting of a virus, Trojan horse or other harmful item intended to damage, interfere with, intercept or expropriate any system, data or personal information; (iv) "spoof" or otherwise impersonate any other party, falsely stating or otherwise misrepresenting Your identity or affiliation in any way or use an IP address not assigned to You, forge, delete or alter any part of TCP/IP packet header or sender identification information in any communication; (v) post or transmit off-topic or commercial messages on bulletin boards; (vi) commit fraud; (vii) harass, or threaten any party, advocate or otherwise encourage violence against any government, organization, group, individual or property, or provide instruction, information, or assistance in causing or carrying out such violence; (viii) send or receive any material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, defamatory, false, threatening, tortious, hateful or otherwise objectionable in Company's discretion or that victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; (ix) send or receive any material that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity; (x) post, send, or receive any material that You do not have a right to make available under law or contractual or fiduciary relationships; (xi) engage in conduct that would expose Company or its service providers to civil or criminal liability; (xii) post, send or otherwise disseminate advertising or any solicitation, conduct or forward surveys, contests, pyramid schemes, or chain letters; (xiii) solicit or collect personal data, including telephone numbers, addresses, last names or email addresses, about other Users; or (xiv) assist others in engaging in any prohibited conduct. This list is not intended to be exhaustive. You represent, warrant and agree that You will comply with the foregoing.

(B) From time to time, all or certain portions of the Website and information contained on the Website may be accessible only to registered Users or service providers or other business partners of Company, or may be password restricted. You agree not to gain or attempt to gain unauthorized access to such portions of the Website or to information contained in such portions of the Website, to obtain or attempt to obtain confidential, proprietary and/or personal information stored on the Website, or to distribute passwords to unregistered or unauthorized Users.

(C) Company is not in any way associated with or responsible for content posted on or transmitted to or through the Website by Users. Company has the right, but not the obligation, to monitor content for any reason, including bulletin boards, chat rooms, forums, blogs, and instant messaging, and reserves the right to remove anything that is, in its sole discretion, unacceptable, and to disclose data to law enforcement agencies or authorities who may investigate reports of misuse or abuse of this Website. All Users access and participate in the Website at their own risk. If a User finds abusive or offensive content on the site, such User may email Company using the contact information at the end of these Terms and Conditions with sufficient information identifying the abusive or offensive material so that Company may determine, in its sole discretion, whether or not to delete the material. Users are responsible for their interactions with other Users.

(D) Company reserves the right to terminate the access of any User to the Website and/or remove, move or edit any content uploaded by such User without notice for any reason whatsoever. Company may, at any time and from time to time, within its sole discretion, delete or purge files and submitted content from its records, except as otherwise required by law. Company has no obligation to notify any User that it is deleting or purging files or submitted content.

(E) There may be portions of the Website in which You can upload Your own information, messages, photographs, messages, images, files, audio, video, text, software and other content (" Your Content "), such as through forums, bulletin boards, e-mail or chat rooms. You are solely responsible for all of Your Content. You agree not to transmit or otherwise make available on the Website any personal information of any individual or any material protected by copyright, trademark, publicity, privacy or other proprietary right without the express permission of such individual or the owner of such rights, respectively. The burden of determining that transmission of the information is permissible, or that the material is not protected by such rights, is on You. You acknowledge and agree that You are prohibited from accepting payment for Your Content, including, without limitation, accepting payment for the inclusion of a logo, brand or other commercial content, in Your Content.

(F) Each time You upload Your Content, You irrevocably grant to Company, its parent, subsidiaries, affiliates, and advertising or other partners a non-exclusive, perpetual, worldwide, royalty-free license in and to Your Content and all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, rights of publicity, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author's rights, goodwill and other intellectual property and proprietary rights whatsoever therein. Such license shall include, without limitation, the right in perpetuity, without any credit or compensation to You, to use, reuse, modify, alter, display, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, all or any portion of Your Content, and Your name, voice, likeness and other identifying information, 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 or services using Your Content. You hereby waive any moral rights You may have in and to any of Your Content, even if such material is altered or changed in a manner not agreeable to You.

(G) If You post personal information, 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 Website. Under no circumstances will Company 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 Your Content. You represent and warrant that Your Content 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 Terms and Conditions; 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. Except as otherwise described in the posted Privacy Policy or other agreement on the Website at which You provide Your Content, Your Content 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.

(H) If you provide your email address to Company, this will constitute permission for Company to send emails regarding Company, its affiliates, its sponsors, or other items unless and until you opt to unsubscribe from such email communications. At no time will Company be held responsible for any inability to prevent emails from being sent to any party. In order to unsubscribe from Company originating e-mails, a User must click on www.familyfantasysports.com and then follow any instructions provided.

(I) Any software that Company makes available for download or use from the Website and/or our servers is the copyrighted work of Company or its licensors or suppliers and is for Your personal, non-commercial use only. 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. 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. YOU MAY NOT DECOMPILE, REVERSE ENGINEER, DISASSEMBLE, OR OTHERWISE REDUCE THE SOFTWARE TO A HUMAN READABLE FORM.

LINKING; CONTESTS; THIRD PARTY CONTENT
(A) The Website may contain links and references to other related world wide web internet sites and resources. Links to and from the Website to other sites maintained by third parties do not constitute an endorsement by Company of any third party resources or their contents or any representation regarding the legality, accuracy, or authenticity of their content. The other sites may have their own terms of service and privacy policy and different practices and requirements than the Website. Company may not have knowledge of, and is not responsible for, the content presented by any other site. The Website is only providing these links to You as a convenience. Moreover, any website that a User links to the Website: (a) must not frame or create a browser or border environment around any of the content of the Website; (b) may link to, but not replicate, the content; (c) must not imply that Company or the Website is 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 Website, You agree that You do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms and Conditions, Company reserves the right to deny permission to link to the Website for any reason in our sole and absolute discretion.

(B) The Website 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.

(C) Third party content on the Website 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 Website or in the documents and policies of third parties. Company makes 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 Website. Your correspondence and business dealings with others found on or through the Website 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 Website.

COPYRIGHT AND COPYRIGHT AGENT
(A) All past, present and future content available at this Website, such as text, graphics, logos, icons, images, audio clips, video clips, 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 Website, including without limitation, the "look and feel" of the Website, is the property of Company or its licensers or suppliers and is protected by U.S. and international copyright law. The compilation (meaning selection, composition, and arrangement) of all of the content on the Website is the exclusive property of Company and protected by U.S. and international copyright law. Company reserves the right to remove any content, from any source, at any time, for any reason (including, but not limited to, claims or allegations made by third parties relating to such content). Content contained on the Website that is not provided by a User may not be modified, copied, distributed, framed, republished, downloaded, displayed, or sold in any form or by any means, in whole or in part by such User without Company's prior permission. Subject to Your strict compliance with these Terms and Conditions, You shall have a non-exclusive, personal, revocable, non-assignable and non-transferable license to download view, use and/or play a single copy of any portion of the Website (excluding source and object code) solely for Your personal, non-commercial use, provided that all copyright and other notices are kept intact. Any other use, copying or distribution of the content contained on the Website is strictly prohibited. No other rights (either by implication, estoppel or otherwise) are granted to You.

(B) Company respects the intellectual property of others and asks that Users do the same. If a User or any other party feels that its work has been copied in a way that constitutes copyright infringement, that person should provide Company's designated Copyright Agent with the following information:

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

(C) Users may contact Company's designated Copyright Agent for notice of claims of infringement on this Website as follows:

By mail: Broad Shoulders Ventures LLC
Attn: David Miller

By email: This e-mail address is being protected from spambots, you need JavaScript enabled to view it

TRADEMARKS
All trademarks, service marks, logos, and trade dress on the Website are the property of Company or its affiliates or licensors and may not be copied, imitated or used without the prior written permission of Company.

DISCLAIMERS; LIMITATION OF LIABILITY
(A) Reliance on any information provided by Company, the Website, or Users is solely at the Your own risk. Any opinions, advice, statements, services, offers or other information or content expressed or made available are those of the respective authors or distributors and not of Company. Company does not recommend or endorse any specific opinions, advice, statements, services, offers or other information or content that may be contained on the Website.

(B) Company is not responsible for the conduct, whether online or offline, of any User, third party service provider, or any other person or entity. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website, and to seek professional or other assistance, if necessary, in making such evaluation.

(C) THE WEBSITE, ALL CONTENT, SOFTWARE, AND FUNCTIONS ACCESSED THROUGH OR SENT FROM THE WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT ANY INFORMATION CONTAINED ON OR TRANSMITTED THROUGH THE WEBSITE IS COMPLETE OR ACCURATE, THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT USER OR OTHER INFORMATION WILL BE COMPLETELY SECURE FROM UNAUTHORIZED ACCESS OR DISCLOSURE, OR THAT ANY INFORMATION IS FREE OF VIRUSES OR OTHER ROGUE PROGRAMMING. COMPANY ALSO MAKES NO WARRANTIES THAT YOUR ACTIVITIES OR USE OF THE WEBSITES ARE 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 WEBSITES, 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 WEBSITE OR THE CONTENT.

(D) IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE ANY PORTION OF THE WEBSITE OR CONTENT, LINKS TO THIRD-PARTY CONTENT, ANY ERRORS, INACCURACIES, OMISSIONS OR LACK OF AUTHENTICITY IN ANY SUCH CONTENT, ANY LOSS, MISUSE, OR UNAUTHORIZED ACCESS, DISCLOSURE, ALTERATION OR DESTRUCTION OF INFORMATION SUBMITTED TO OR CONTAINED ON THE WEBSITE, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT, ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS, ANY ERRORS OR OMISSIONS IN THE WEBSITE' TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT. 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 THE COMPANY'S AND ITS AFFILIATES', OFFICERS', DIRECTORS', EMPLOYEES' OR AGENTS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

(E) YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE CONTENT.

(F) Any claims arising in connection with Your use of the Website or any content or services contained on the Website must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

INDEMNIFICATION
(A) You shall be solely liable for and shall indemnify and hold Company, its affiliates, and their officers, directors, employees, contractors and agents harmless from and against any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees (collectively, "Damages") awarded against or otherwise incurred by Company arising out of or in connection with (a) Your use of the Website; (b) Your violation of these Terms and Conditions or any law, rule or regulation or any of your representations and warranties herein; (c) Your use of the content on the Website; or (d) any materials submitted by You. You will cooperate as fully and reasonably as required by Company in the defense of any claim. Company also 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 and in no event shall User have the right to settle any such claim without Company's prior written approval.

(B) User also releases and holds harmless Company from any and all liability and Damages arising from any misuse, unauthorized access, disclosure, alteration, or destruction of Website content and/or information or other content contained in the Website by other Users or third parties and any Damages arising from any unavailability of service, error, deletion, theft, alteration, misuse, or destruction of data (including personal information submitted by Users), computer virus, defamation or other tortious behavior, negligence, or any other cause of action or inaction.
 
GOVERNING LAW
These Terms and Conditions and their interpretation will be governed by the law of the District of Columbia, except for its conflict of law provisions and will not be governed by the United Nations Conventions on Contracts for the Sale of Goods, if otherwise applicable. Sole and exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms and Conditions or the website shall lie in the appropriate court of the District of Columbia and you hereby consent to such exclusive jurisdiction and waive any objections thereto.
 
SEVERABILITY; WAIVER
The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the other provisions hereof, and these Terms and Conditions will be construed and remain in full force and effect in all respects with such invalid or unenforceable provisions limited or excluded to the minimum extent required under applicable law. No waiver on the part of Company of any of these Terms and Conditions will be of any force or effect unless made in writing and signed by a duly authorized officer of Company.

CONTACT/ADDRESS FOR LEGAL NOTICE
Except for Copyright notices, referred to in Section 5 of these Terms and Conditions, all questions, comments and legal notices should be submitted to This e-mail address is being protected from spambots, you need JavaScript enabled to view it , or write us at:
Broad Shoulders Ventures LLC
Attn: David J. Miller 

1321 N. Carolina Ave, NE

Washington, DC 2002