FanU.com is a social networking service for sports fans that allows Members to create unique personal profiles in order to communicate with other sports fans.  The services offered by FanU.com (“FanU” or “we”) include the FanU.com website (the “Site”) and other features, promotions, content or applications offered by FanU.com from time to time in connection with the Site (collectively, the “FanU Services”).  The FanU Services are hosted in the United States.

This FanU.com Terms of Use Agreement ("Agreement") sets forth the terms, conditions and guidelines for use of the FanU Services.  By using the FanU Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Site) or you are a Member (which means that you have registered with FanU.com).  The term “User” refers to a Visitor or a Member.  You are only authorized to use the FanU Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement, subject to our right to terminate your use at any time as described below.  Please read this Agreement carefully and save it.  If you do not agree with it, you should leave the Site and discontinue use of the FanU Services immediately.  If you wish to become a Member, communicate with other Members and make use of the FanU Services, you must read this Agreement and indicate your acceptance during the registration process.

This Agreement includes FanU.com's policy for acceptable use of the FanU Services and Content posted on the Site, your rights, obligations and restrictions regarding your use of the FanU Services and FanU.com's Privacy Policy. In order to participate in certain FanU Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the FanU Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: operations@fanu.com.

Please choose carefully the information you post on FanU.com and that you provide to other Users. Your FanU.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other FanU.com Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and FanU.com assumes no responsibility or liability for this material. If you become aware of misuse of the FanU Services by any person, please contact FanU.com.

FanU.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the FanU Services at any time, for any or no reason, with or without prior notice, and without liability.  FanU expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of FanU Services if FanU determines, in its sole discretion, that you pose a threat to FanU and/or its Users.

Eligibility. Use of and Membership in the FanU Services is void where prohibited. By using the FanU Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the FanU Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.

Privacy.  FanU.com's use of your personal information collected on the Site is governed by the terms of the FanU.com Privacy Policy which is incorporated into this Agreement by reference.  The FanU.com Privacy Policy sets forth our obligations with respect to user data and privacy.

Password.  When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify FanU.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.  FANU.COM DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO YOUR FAILURE TO KEEP YOUR ACCOUNT NAME AND PASSWORD SECURE.

Term. This Agreement shall remain in full force and effect while you use the FanU Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. FanU.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

Fees.  You acknowledge that FanU.com reserves the right to charge for the FanU Services and to change its fees from time to time in its discretion. If FanU.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of any subscription fees.

Non-commercial Use by Members.  The FanU Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by FanU.com. Illegal and/or unauthorized use of the FanU Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the FanU Site is prohibited. Commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the FanU Services.

Proprietary Rights in Content on FanU.com. FanU.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the FanU Services. After posting your Content to the FanU Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the FanU Services, you hereby grant to FanU.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the FanU Services.

Without this license, FanU.com would be unable to provide the FanU Services. For example, without the right to modify Member Content, FanU.com would not be able to digitally compress audio or video files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, FanU.com could not allow Users to listen to music or watch videos posted by Members. The license you grant to FanU.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to FanU.com), fully-paid and royalty-free (meaning that FanU.com is not required to pay you for the use on the FanU Services of the Content that you post), sublicensable (so that FanU.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the FanU Services), and worldwide (because the Internet and the FanU Services are global in reach). This license will terminate at the time you remove your Content from the FanU Services. The license does not grant FanU.com the right to sell your Content, nor does the license grant FanU.com the right to distribute your Content outside of the FanU Services.

You represent and warrant that: (i) you own the Content posted by you on or through the FanU Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the FanU Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the FanU Services.

The FanU Services contain Content of FanU.com ("FanU.com Content"). FanU.com Content is protected by copyright, trademark, patent, trade secret and other laws, and FanU.com owns and retains all rights in the FanU.com Content and the FanU Services. FanU.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the FanU.com Content (excluding any software code) solely for your personal use in connection with viewing the FanU Site and using the FanU Services.

The FanU Services contain Content of Users and other FanU.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the FanU Services.

Content Posted. FanU.com may delete any Content that in the sole judgment of FanU.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. FanU.com assumes no responsibility for monitoring the FanU Services for inappropriate Content or conduct. If at any time FanU.com chooses, in its sole discretion, to monitor the FanU Services, FanU.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through any of the FanU Services, and any material or information that you transmit to other Members and for your interactions with other Users. FanU.com does not endorse and has no control over the Content. Content is not necessarily reviewed by FanU.com prior to posting and does not necessarily reflect the opinions or policies of FanU.com. FanU.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

Content/Activity Prohibited.  The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the FanU Services. FanU.com reserves the right to investigate and take appropriate legal action against anyone who, in FanU.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the FanU Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of FanU.com:

1.      is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

2.      harasses or advocates harassment of another person;

3.      exploits people in a sexual or violent manner;

4.      contains nudity, violence, or offensive subject matter or contains a link to an adult website;

5.      solicits personal information from anyone under 18;

6.      involves illegal gambling or betting on any sporting event;

7.      provides any telephone numbers, street addresses, last names, URLs or email addresses;

8.      promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

9.      promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

10. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

11. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

12. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

13. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

14. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or

15. includes a photograph of another person that you have posted without that person's consent.

The following is a partial list of the kind of activity that is illegal or prohibited on the FanU Site and through your use of the FanU Services. FanU.com reserves the right to investigate and take appropriate legal action against anyone who, in FanU.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

1.      criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

2.      advertising to, or solicitation of, any Member to buy or sell any products or services through the FanU Services, other than advertisements and solicitations approved by FanU. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the FanU Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, FanU.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which FanU.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the FanU Services, you acknowledge that you will have caused substantial harm to FanU.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay FanU.com $50 for each such unsolicited email or other unsolicited communication you send through the FanU Services;

3.      covering or obscuring the banner advertisements on your personal profile page, or any FanU.com page via HTML/CSS or any other means;

4.      any automated use of the system, such as using scripts to add friends or send comments or messages;

5.      interfering with, disrupting, or creating an undue burden on the FanU Services or the networks or services connected to the FanU Services;

6.      attempting to impersonate another Member or person;

7.      using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

8.      selling or otherwise transferring your profile;

9.      using any information obtained from the FanU Services in order to harass, abuse, or harm another person;

10. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the FanU Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose; or

11. using the FanU Services in a manner inconsistent with any and all applicable laws and regulations.

Policy for Claims of Infringement of Copyrighted Material. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of FanU.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to FanU.com by the copyright owner or the copyright owner's legal agent.

If you believe that material is posted on the Site in a manner that infringes your copyright, please notify us by providing the following information in writing to our Copyright Agent:

• A physical or electronic signature of the owner of the allegedly infringed copyright, or such owner's authorized representative.
• A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are at issue, a list of such works.
• A description of the material on the FanU.com site 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.
• The address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• 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 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 the copyright that is allegedly infringed.

Promotional Messages.  We and/or third parties may, from time to time, send email messages to you containing advertisements and/or promotions. WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY SUCH EMAIL MESSAGES OR ANY GOODS OR SERVICES THAT MAY BE OBTAINED FROM SUCH THIRD PARTIES, AND YOU AGREE THAT WE SHALL HAVE NO LIABILITY WITH RESPECT THERETO.

Prohibited Uses.  You agree to use the Site and all related services only for lawful purposes and not to allow others to use your account for any unlawful purpose. Use of the Site in violation of any applicable law, regulation, ordinance, or other rule imposed by any governmental authority is prohibited. FANU EXPRESSLY PROHIBITS UNAUTHORIZED THIRD PARTY LINKING TO FANU.COM.

Member Disputes.  You are solely responsible for your interactions with other FanU.com Members. FanU.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

Indemnity.  You agree to indemnify and hold FanU.com and our subsidiaries and affiliates, and their respective service providers, officers, employees and agents harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your use of the FanU Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the FanU Site or through the FanU Services causes FanU.com to be liable to another party.

LIMITATION OF LIABILITY.  IN NO EVENT WILL FANU.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXTRAORDINARY, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR THE FANU SERVICES, THE RESULTS OF SUCH SERVICES, OR ANY INFORMATION CONTAINED ON THE SITE OR IN SUCH SERVICES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT FANU.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  FANU.COM’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, MALPRACTICE, FRAUD OR ANY OTHER LEGAL THEORY) IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FANU.COM FOR THE FANU SERVICES DURING THE TERM OF YOUR MEMBERSHIP.

DISCLAIMER OF WARRANTIES.  FanU.com is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the FanU Services, whether caused by Users of the FanU Services or by any of the equipment or programming associated with or utilized in the FanU Services. Profiles created and posted by Members on the Site may contain links to other websites. FanU.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by FanU.com. Inclusion of any linked website on the FanU Services does not imply approval or endorsement of the linked website by FanU.com. When you access these third-party sites, you do so at your own risk. FanU.com takes no responsibility for third party advertisements which are posted on this FanU Site or through the FanU Services, nor does it take any responsibility for the goods or services provided by its advertisers. FanU.com is not responsible for the conduct, whether online or offline, of any User of the FanU Services. FanU.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. FanU.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the FanU Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the FanU Services. Under no circumstances shall FanU.com be responsible for any loss or damage, including property damage, personal injury or death, resulting from use of the FanU Services, attendance at a FanU.com event, any Content posted on or through the FanU Services, or the conduct of any Users of the FanU Services, whether online or offline. The FanU Services are provided "AS-IS" and as available and FanU.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FanU.com cannot guarantee and does not promise any specific results from use of the FanU Services.

U.S. Export Controls. Software available in connection with the FanU Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the FanU Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Modifications.  Please note that FanU.com may change this Agreement at any time by posting the modified Agreement on the Site at www.fanu.com, or by otherwise giving public notice notifying you of such change. Use of the Site after such changes are posted constitutes acceptance of all changes.

Miscellaneous.  This Agreement is accepted upon your use of the FanU Site or any of the FanU Services and is further affirmed by your becoming a Member. This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee as it is applied to contracts entered into by residents of the State of Tennessee. You also consent to the exclusive jurisdiction of and waive all objections to venue in the state and federal courts in Knox County, Tennessee, and to the exercise of personal jurisdiction of the courts therein. If any provision(s) of the Agreement is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with the other provisions remaining in full force and effect. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. You and we agree that any cause of action arising out of or related to this Agreement or the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement (including the FanU.com Privacy Policy incorporated herein by reference) constitutes the entire agreement between you and us with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party.

Please contact us at operations@fanu.com with any questions regarding this Agreement.