Tailgater, LLC 8.1.2011 Terms of Service | Privacy Policy The following terms and conditions govern all use of the Tgater.com website (hereinafter “Website”) and all content, services and products available at or through the website. (hereinafter the “Service”). The Website is owned and operated by Tailgater, LLC. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time. Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Tailgater, LLC, acceptance is expressly limited to these terms. 1. Use of Service/Your Account By your use of the service, you agree to be bound to Tailgater and to comply with these terms and all applicable local, state, federal, and international laws and regulations. When you sign up, you agree to use your real name and identifying information. Accounts found to be in non-compliance are subject to termination without notice at any time. Tailgater may, at any time without prior notice, refuse to continue providing the Service or change the service as we see fit. Premium features may be added at a later date, but we will work to offer any free services offered at the launch of this product on a continuing basis. 2. Licenses When you post or display Content on your account, your tailgate page, the tailgate page of another user, or on our mobile apps, you grant Tailgater a worldwide, non-exclusive, royalty-free license in your Content. We reserve the right to use, copy, reproduce process, adapt, modify, publish, transmit, display, and distribute such Content in any method we choose. You agree that this license also includes the right for Tailgater to make your content available to others for modification, publication, broadcast, promotion, or distribution on other media or services. You grant this license with no hope or right to compensation for the Content you post, submit, or make available to the Service. You also agree that any Content submitted or posted by you may be modified or adapted by Tailgater to comply with our policies or to conform with limitations or requirements dictated by our website, apps, services, or networks. Without limiting any of those representations, Tailgater has the right (though not the obligation) to, in its sole discretion (i) refuse or remove any content that, in its reasonable opinion, violates any Tailgater policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in its sole discretion. Tailgater will have no obligation to provide a refund of any amounts previously paid. 3. Responsibility of Contributors If you operate a Tailgate Page, post comments on a Tailgate page, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content, whether publicly posted or privately transmitted. That is the case regardless of whether the Content in question constitutes text, graphics, or audio. When you post something, you represent that you have the authority necessary to grant us the right to use the Content Tailgater does not monitor or control content posted via the Service, so any reliance by you on any Content posted on the service is at your own risk. We do not guarantee, support, or represent the truthfulness, veracity, or accuracy of any Content posted on the Service. You understand that posted Content may be offensive, abrasive, harmful, inaccurate, or just plain mean. Tailgater is not responsible for any loss you incur or damage you suffer as a result of the use of any Content on the Service. We reserve the right to read, access, and disclose any information which we believe is necessary to satisfy applicable laws, legal process, detect or prevent fraud, prevent security or technical complications, or protect the right and safety of Tailgater’s users. 4. Acceptable Use The internet is a free, open forum, and a lot goes on here, good and bad. When you post on Tailgater, you agree to limit your Content to the “good” side of things. Let us explain. There are many things we don’t tolerate, and here they are: spamming, pornography or adult-oriented content, abusive language in the form of extensive cursing or vulgar language, harassment, threats, racial slurs, defamatory statements, viruses, malware, inciting the violation of our terms, and anything else a rational person would view as objectionable or unconscionable. We reserve the right to modify or delete any such Content posted to the Service and permanently delete the account of the offender. We understand that when sports are involved, rivalry is involved. This often means demeaning other teams, being rude to opposing fans, and just bashing in general. We appreciate good rivalries and discussions and agree that some teams should simply just pack up and go home before they ever step on the field (along with their fans). However, when communicating these sentiments, do it in a respectful way. 5. Trademarks and copyrights The Service is protected by the copyright and trademark laws of the United States. All right, title, and interest of the Service, although offered to you for use remains the exclusive property of Tailgater. Under no circumstance shall you use the Tailgater logo, domain names, word marks, or any other proprietary features without our express consent. 6. Copyright Tailgater respects the intellectual property of others and will terminate the accounts of any users who violate the intellectual property rights of others. If you have a copyright complaint, please send it to: Tailgater Attn: Legal Department 323 Market Street Natchez, MS 39120 7. Privacy Tailgater values your privacy and we guard your information as closely as we do our own. To learn about how we use the information you submit to the Service, please review our Privacy Policy . 8. Changes Tailgater reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Tailgater may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. 9. Termination Tailgater may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Tailgater account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 10. Limitation of Liability At no time with Tailgater or any of its licensors be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Tailgater under this agreement during the twelve (12) month period prior to the cause of action. Tailgater shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. 11. General Representation and Warranty You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party. 12. Indemnification You agree to indemnify and hold harmless Tailgater, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement. 13. Miscellaneous This Agreement (and other agreements included by reference) constitute the entire agreement between Tailgater and you concerning the subject matter thereof, and they may only be modified by a written amendment signed by an authorized executive of Tailgater, or by the posting by Tailgater of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Mississippi, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Adams County, Mississippi. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the arbitration laws of Mississippi. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Tailgater may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.