Sports Prophet^® — Web Site Terms of Use

Terms, Conditions and Notices as of August 17, 2007

Sports Prophet, LLC provides its Website, www.FantasySportsProphet.com^® (the "Website"), and its related services to you subject to the following notices, terms and conditions ("Terms of Use"). Please read these Terms of Use carefully BEFORE using the Website or purchasing a membership. Your continuing access and/or use of this Website SIGNIFIES YOUR ACCEPTANCE TO THESE TERMS OF USE. If at any time you do not wish to accept these Terms of Use, you may choose not to use the Website. Any additional terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by Sports Prophet and shall be of no force or effect.

Any rights not expressly granted herein are reserved.

MODIFICATIONS AND UPDATE

CHANGES ARE PERIODICALLY MADE TO THE INFORMATION SET FORTH HEREIN. SPORTS PROPHET MAY MAKE CHANGES TO THE SERVICES OR PRODUCTS AVAILABLE ON THIS WEBSITE (AT ANY TIME) AT ITS SOLE DISCRETION. The most current version of these terms can be reviewed by clicking on the "Terms of Use" link located at the bottom of our website pages. These notices, terms, and conditions are subject to change in the sole and absolute discretion of Sports Prophet. All updates, enhancements, new features and or the addition of additional web properties (in the form of additional web pages or websites) are immediately subject to these terms and conditions. Your continued use of the Sports Prophet website constitutes your continued acceptance to all such notices, terms and conditions as modified.

USE OF SITE

Sports Prophet may, in its sole discretion and without notice, deny any person or company's access to this Website or any portion thereof. As a condition of your use of this Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use this Website in any manner that could damage, disable, overburden, or impair any Sports Prophet server or interfere with any other party's use and enjoyment of the Website and services offered herein. You may not attempt to gain unauthorized access to other's accounts, information, computer systems or networks connected to the Sports Prophet server or to any of the services or products offered via the website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.

This Website, any portion of this Website and any software, products or services obtained herein may not be decompiled, disassembled, reverse engineered, uploaded, reproduced, modified, distributed, transmitted, duplicated, copied, sold, resold, displayed, performed, published, licensed, used to create derivative works from, transferred or otherwise exploited for any commercial purpose that is not expressly granted by Sports Prophet. Sports Prophet reserves the right to refuse service, terminate account(s), and/or cancel orders in its discretion, including, without limitation, if Sports Prophet believes that conduct violates applicable law, is harmful to the interests of Sports Prophet and its affiliates or any other reason. Sports Prophet further reserves the right to pursue any legal action available against any user whose use violates the state, federal or local law or these Terms of Use.

Availability of this Website or particular information or services herein is subject to change without notice.

YOUR ACCOUNT

You acknowledge and agree that the account provided by Sports Prophet to you so that you may access, utilize or otherwise enjoy the website, and the password selected by and used by you in conjunction with the account to access, utilize or otherwise enjoy the web site, are to be kept secret and confidential. You shall not disclose or share your account information, including your account number, account name, or password to any other party without the express written permission of Sports Prophet. You further acknowledge and agree that you will be responsible for each and every access, use or enjoyment of the Content that occurs in conjunction with the account and password given to you by Sports Prophet, and that Sports Prophet is authorized to accept the account information and password as conclusive evidence that you have accessed, utilized, or otherwise enjoyed the Content.

You acknowledge and agree that you are fully responsible for maintaining the confidentiality of your account information, including your account number, account name, and/or password, if applicable. You acknowledge and agree that you are responsible for damages and repercussions resulting from all uses of your account, whether actually or expressly authorized by you. If you suspect you are being impersonated, contact theprophet@fantasysportsprophet.com immediately. Sports Prophet reserves the right to disclose any information, including registration data, in order to comply with any applicable laws and/or government requests for the protection of Sports Prophet and its members.

REFUND POLICY

Given the nature of the products and services being offered through the Website, Sports Prophet is unable to provide any refunds. Please take time to carefully review the Website prior to making a decision to purchase a membership. As a member, you will have full access to our support services. To the extent that you experience any problems or have any questions regarding the product, please contact our support team at support@FantasySportsProphet.com.

UNSOLICITED IDEA SUBMISSION POLICY

Sports Prophet or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, suggestions, new promotions, new products or technologies, concepts, ideas, notes, processes, materials, marketing plans, new product names or other materials other than those it has specifically requested. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Sports Prophet's products or marketing strategies might seem similar to ideas submitted to Sports Prophet. So, please do not send your unsolicited ideas to Sports Prophet or anyone at Sports Prophet. If despite our request that you not send us your ideas and materials, you still send them, please understand that Sports Prophet makes no assurances that your ideas and materials will be treated as confidential or proprietary. Unless otherwise agreed, Sports Prophet may edit, copy, publish, distribute, translate, and otherwise use in any medium any such materials that you forward to Sports Prophet and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise. Sports Prophet is and shall be under no obligation to: (1) maintain any of your materials in confidence; (2) to pay to you or any user any compensation for any such materials; or (3) to respond to any of your or any other user's materials.

LINKS TO THIRD PARTY SITES

Sports Prophet may contain links to other websites ("Linked Sites"). Linking to such Linked Sites will let you leave the Website. Unless otherwise indicated, Sports Prophet is not affiliated with any of the Linked Sites. The Linked Sites are not under the control of Sports Prophet and Sports Prophet is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Sports Prophet does not endorse or make any representations about any Linked Site, any information, software or other products or materials found in a Linked Site, or any results that may be obtained from using these links. Sports Prophet is providing these links only as a mere convenience, and the inclusion of any link does not imply endorsement by Sports Prophet. If you decide to access any of the third party websites linked from this Website, you do so entirely at your own risk.

LINKING TO SPORTS PROPHET

Linking to Sports Prophet from another website ("Linking Site") is only allowed under the following conditions. A Linking Site may link to, but not replicate, Sports Prophet's content. A Linking Site shall not create a frame, browser or border environment to Sports Prophet's content and a Linking Site shall not imply that Sports Prophet is endorsing it or its products. The Linking Site shall not misrepresent the Linking Site's relationship with Sports Prophet, shall not provide false information about Sports Prophet's products or services, and shall not unlawfully use the copyrights or trademarks owned by Sports Prophet or others. Linking Sites shall abide by any and all applicable laws.

LIMITATION OF LIABILITY

THIS WEBSITE AND ALL INFORMATION, CONTENT, SERVICES, GOODS, ADVERTISEMENTS, DOCUMENTS AND RELATED GRAPHICS PROVIDED HEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERROR. SPORTS PROPHET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, SPORTS PROPHET AND ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPORTS PROPHET DOES NOT WARRANT THAT THE WEBSITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE RELATED SERVICES THEREIN ARE FREE OF ERRORS, VIRUSES, WORMS, "TROJAN HORSES" OR ANY OTHER HARMFUL, INVASIVE OR CORRUPTED FILES AND IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. IN NO EVENT, SHALL SPORTS PROPHET AND OR ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM SPORTS PROPHET THROUGH THIS WEBSITE.

INDEMNIFICATION

You agree to indemnify, defend, and hold Sports Prophet, its affiliates, agents, licensors, suppliers, or their respective directors or employees, harmless against any and all actions, claims, costs, damages, demands, liabilities, proceedings, expenses or loss of any kind (including legal and other fees and disbursements) sustained, incurred or paid by Sports Prophet arising out of the access to or use of the FantasySportsProphet.com website or any content (including products and services and third party content) contained in or on the website.

COPYRIGHT NOTICE

COPYRIGHT

All content and otherwise protectible features of this Website, including but not limited to the design, arrangements, layout, software, text, graphics and images were created by or at the direction of Sports Prophet, are the property of Sports Prophet and are protected by United States and international copyright laws. NO PORTION OF THIS WEBSITE MAY BE COPIED, IMITATED OR RETRANSMITTED UNLESS EXPRESS PERMISSION TO DO SO IS GIVEN BY SPORTS PROPHET IN WRITING. The compilation, collection, arrangement, and assembly of all content on this site is the exclusive property of Sports Prophet and is protected by United States and international copyright laws. All software used on this site is the property of Sports Prophet or its software suppliers and is protected by United States and international copyright laws. The images used on this Website are the property of their respective copyright owners, and are used by Sports Prophet pursuant to express authorization from the copyright owners or their agents. Except as is necessary for use of the Website by a member of Sports Prophet, any use, including, the reproduction, modification, distribution, transmission, republication, or display, of the content, images and software on this Website is strictly prohibited.

COPYRIGHT INFRINGEMENT POLICY

Sports Prophet, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use this Website if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Sports Prophet accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Sports Prophet has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to Sports Prophet in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:

By mail:

Sports Prophet, LLC
214 Celebration Boulevard
Celebration, Florida 34747
United States of America

By e-mail:

General Inquiries - theprophet@FantasySportsProphet.com
Support Services - support@FantasySportsProphet.com

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
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. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory 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.
Information reasonably sufficient to permit Sports Prophet to contact you, such as your address, telephone number, and/or electronic mail address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

TRADEMARKS

"SPORTS PROPHET," and "FantasySportsProphet.com" along with all logos, other trade names, trademarks, services marks, whether registered or not, set forth on this Website are the sole property of Sports Prophet, LLC. Sports Prophet's trademarks may not be used in connection with any product or service that is not owned by Sports Prophet in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sports Prophet. Any trademarks not owned by Sports Prophet that appear on this Website are the property of their respective owners and may not be used in connection with any product or service that is not owned by the trademark owners in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the trademark owners. All of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Sports Prophet or the owner of such trademark, service mark or trade name, except as explicitly permitted by the trademark owner.

INTERNATIONAL USERS

Unless otherwise specified, the materials on this Website is presented solely to provide information regarding and to promote Sports Prophet's services and other products available in the United States, its territories, possessions and protectorates. The Website is controlled and operated by Sports Prophet from its offices within the State of Florida, United States of America. Sports Prophet makes no representation that materials on the Service are appropriate or available for use outside the United States. Those who choose to access the Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.

SEVERABILITY

If any provision of these terms, conditions and notices are found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions with remain in full force.

APPLICABLE LAW

This site is created and controlled by Sports Prophet LLC in the State of Florida, USA. As such, the laws of the State of Florida will govern these notices, terms, and conditions, without giving effect to any principles of conflicts of laws.

PRIVACY

See our privacy policy relating to the collection and use of your information.

Sports Prophet ®

Sports Prophet® — Web Site Terms of Use