AGREEMENT BETWEEN USER AND SPORTSIMS

The SportSims Web Site is comprised of various Web pages operated by SportSims, LLC.

The SportSims Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the SportSims Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

SportSims, Inc. reserves the right to change the terms, conditions, and notices under which the SportSims Web Site are offered, including but not limited to the charges associated with the use of the SportSims Web Site. You are responsible for regularly reviewing these terms and conditions.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the SportSims Web Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the SportSims Web Site.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the SportSims Web Site, you warrant to SportSims that you will not use the SportSims Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the SportSims Web Site in any manner, which could damage, disable, overburden, or impair the SportSims Web Site or interfere with any other party's use and enjoyment of the SportSims Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the SportSims Web Site.

USE OF COMMUNICATION SERVICES

The SportSims Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

SportSims has no obligation to monitor the Communication Services. However, SportSims reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. SportSims reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

SportSims reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SportSims' sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SportSims does not control or endorse the content, messages or information found in any Communication Service and, therefore, SportSims specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized SportSims spokespersons, and their views do not necessarily reflect those of SportSims.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO SPORTSIMS

SportSims does not claim ownership of the materials you provide to SportSims (including feedback and suggestions) or post, upload, input or submit to any SportSims Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SportSims, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. SportSims is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SportSims' sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SOFTWARE AVAILABLE ON THE SPORTSIMS WEB Site

Software (if any) that is made available to download from the SportSims Web Site, excluding software that may be made available by end-users through a Communication Service, ("Software") is the copyrighted work of SportSims and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, SportSims Corporation hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the particular SportSims Web Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by SportSims and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SPORTSIMS WEB Site MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SportSims AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SportSims WEB Site AT ANY TIME. ADVICE RECEIVED VIA THE SPORTSIMS WEB Site SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

SPORTSIMS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SportSims WEB Site FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SportSims AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL SPORTSIMS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SPORTSIMS WEB Site, WITH THE DELAY OR INABILITY TO USE THE SPORTSIMS WEB Site OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SPORTSIMS WEB Site, OR OTHERWISE ARISING OUT OF THE USE OF THE SPORTSIMS WEB Site, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SPORTSIMS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SPORTSIMS WEB Site, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SPORTSIMS WEB Site.

SERVICE CONTACT:webmaster@SportSims

TERMINATION/ACCESS RESTRICTION

SportSims reserves the right, in its sole discretion, to terminate your access to the SportSims Web Site and the related services or any portion thereof at any time, without notice.

PATENT, COPYRIGHT AND TRADEMARK NOTICES:

All contents of the SportSims Web Site are: Copyright � 2004 SportSims, LLC. and/or its suppliers. All rights reserved. Any rights not expressly granted herein are reserved. Technology used by SportSims is patent pending.