Free The Fan owns and retains all proprietary rights in the Site and Services. The Site contains copyrighted material, trademarks, and other proprietary information of the Site and its licensors. Except for that information considered public domain or for which you have written permission, you may not copy, modify, transmit, publish, distribute, display, perform, or sell any such proprietary information and you do not acquire any ownership rights in such.

The Free The Fan Site and Services are provided only for your use for your own personal use and may not be used in connection with any commercial purpose(s) except as specifically approved in writing by Free The Fan. Any unauthorized use of the Site and/or Services is expressly prohibited. We reserve the right to refuse service to anyone for any reason at any time.

As a condition of use, you promise not to use the Free The Fan Site and/or Services for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as, U.S. copyright laws).

You affirm that you are either more than 18 years of age, or are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with this Agreement.

NO ONE UNDER 13 YEARS OF AGE ALLOWED ON THE WEBSITE.
You may not submit anything to the Site, or provide any information about yourself, to the Site unless you are at least 13 years old, even if you have the consent of a parent or guardian to do so. Free The Fan follows the guidelines established by the Federal Children's Online Privacy Protection Act of 1998 (COPPA). Therefore, we will never knowingly accept or solicit personally identifiable information from a user known to be under the age of thirteen (13). If you have a concern, please refer to our Privacy Policy for information on how to notify us.

1. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Site and use in the Services.
2. You will not use the Site and Services for any purpose or in any manner, nor upload, email, post, publish, distribute, transmit, submit, perform, display or otherwise make available through the Site and Services any Content, that: (i) is of an adult, sexually explicit or pornographic nature, furthermore any content intended to let users know that you have adult content materials, submissions, content or websites; (ii) is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable; (iii) violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights (as further described in the section entitled "Copyright and Usage" below); (iv) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information about activities such as making or buying illegal weapons or illegal substances); (v) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"), "chain letters", "pyramid schemes", or any other form of solicitation; (vi) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any computer software, hardware or telecommunications equipment or the Site and Services.
3. You will not abuse, harass, threaten, impersonate or intimidate other Free The Fan Site users. When utilizing the Site and its Services you may not act in any manner that may be deemed discriminatory on the basis of race, sex, religion, nationality, disability, sexual orientation or age.
4. You will not to use the Site or Services to harm minors in any way.
5. You will not collect or store personal data about other users. The use of any information learned through the Site and Services or while in use of the Site and Services is limited to the express purposes set forth in these Terms; all other uses are strictly prohibited.
6. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site and/or Services.
7. You are solely responsible for keeping your password secure.
8. You will not attempt to gain unauthorized access to any Account other than your own.
9. You will not impersonate any person or entity, including, but not limited to, a Free The Fan official, or falsely state or otherwise misrepresent your affiliation with a person or entity.
10. You will not take any action that imposes, or may impose in Free The Fan's sole discretion an unreasonable or disproportionately large load on Free The Fan's infrastructure.

Violation of any of these agreements will result in the termination of your Free The Fan Site account. While Free The Fan prohibits such conduct and content on its site, you understand and agree that Free The Fan cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Site and Services at your own risk.

You are solely responsible for the Content and the consequences of posting or publishing it. In connection with the Content, you affirm that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Free The Fan to use all intellectual property rights or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the Site and this Agreement; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Content, to use the name or likeness of each and every such identifiable individual person to so as to legally authorize inclusion and use of the Content in the manner contemplated by this Site and this Agreement.

Free The Fan has the right in its sole discretion to refuse to post Content for any reason, including, but not limited to, submitted Content that appears to contain material protected by intellectual property rights held by a third party. Free The Fan may delete without prior notice any Content that Free The Fan finds objectionable in its sole discretion.

Free The Fan will remove all Content that infringes another's intellectual property rights or rights of privacy given that proper notification is made and executed (as described below in "Copyright Infringement" section.)

You hereby grant to Free The Fan a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, publicly display, distribute, sublicense, modify, reproduce, make derivative works of, and otherwise fully exploit any Content that you submit to Free The Fan, its Site and Services in multiple media formats and through any media channels.

Free The Fan or it's designees may record the Content on film, tape or otherwise for use in the programming and may edit, distribute and exhibit the program as desired for distribution and exhibition in any and all media throughout the world, now known or hereafter developed, in perpetuity including advertising, promotion and publicity of the programming.

Any Content that you submit is deemed non-confidential, and Free The Fan shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in the Content.

We respect the intellectual property of others, and we ask our users to do the same. We 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, or your intellectual property rights have been otherwise violated, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the site, please reference the URL associated with that file so that we may accurately identify such file(s); (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Notice of claims of copyright or other intellectual property infringement can be delivered as follows, by mail:

Free The Fan, Legal and Copyright, 30 Montgomery Street, Suite 1502, Jersey City, NJ, 07302

You agree to indemnify and hold Free The Fan and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Site, your use of the Site, your violation of the Terms, or your violation of any rights of another.

We are not responsible for the Products of Advertisers on this Site. Free The Fan is not responsible for and does not guarantee the price or performance of any goods, products or services advertised on the Free The Fan Site, or related to any of Free The Fan's Services and derivative works. The Site contains links to third party sites that are not under our control and we not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk.

From time to time, we may conduct contests in which we may award various prizes. You agree that if you participate in any contest, you will abide by all the rules and be subject to all the terms and conditions of such contest, in addition to these Terms.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED "AS-IS," WITHOUT WARRANTY OF ANY KIND, AND ANY USE OF THIS SITE AND THE SERVICES ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FREE THE FAN AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SITE AND THE SERVICES.

FREE THE FAN DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FREE THE FAN RESERVES THE RIGHT TO SUSPEND OR TERMINATE THE SITE OR THE SERVICES AT ANY TIME. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FREE THE FAN OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

YOU ACKNOWLEDGE AND AGREE THAT FREE THE FAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT RESPONSIBLE OR LIABLE FOR: (1) ANY CONTENT, WHICH MAY BE INFRINGE THE RIGHTS OF OTHERS OR BE INACCURATE, OR ILLEGAL (SUCH AS BEING OBSCENE, INDECENT, DEFAMATORY, THREATENING, OFFENSIVE OR TORTIOUS); OR (2) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE FREE THE FAN SITE. IN NO EVENT SHALL FREE THE FAN AND/OR ITS RESPECTIVE LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OR RESULTING FROM LOSS OF USE, DATA, BUSINESS INTERRUPTION OR LOST PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE OR THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE SITE OR THE SERVICES, OR INFORMATION AVAILABLE FROM THE SITE OR THE SERVICES EVEN IF FREE THE FAN HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. FREE THE FAN'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL NOT EXCEED ONE DOLLAR (US$1.00). YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE FREE THE FAN SITE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

When requested, Free The Fan will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

This Agreement is governed by, and construed in accordance with, the laws of the State of Colorado without regard to conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts of the State of Colorado for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Free The Fan Site. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.

A failure to enforce any provision of this Agreement will not be interpreted as a waiver of that breach or any preceding or succeeding breach of the same or similar nature. The headings of the clauses of this Agreement are solely for the purpose of convenience and will not be used in the interpretation of any provision. The substantially prevailing party in any dispute relating to this Agreement will be entitled to recover associated costs, including the reasonable fees of attorneys and other professionals. This Agreement, including any commissions and terms referenced herein, contain the entire understanding of the parties. This Agreement is made for the benefit of the parties and not for the benefit of any third parties. This Agreement will be interpreted in accordance with its terms and without any strict construction in favor of or against either party.