Terms and Conditions

We at Ultimate Fantasy Champ, LLC (the "Company") operate this website, http://www.ultimatefantasychamp.com (the "Site"), subject to the following terms and conditions contained in this user agreement (the "Agreement"). As with any online service, we must establish some basic rules designed to ensure enjoyment by all our customers. By accessing and using this Site, you agree to be bound by the terms and conditions set forth herein. Please read this Agreement before using the Site.

This Agreement may be updated by us from time to time without notice to you. It is important for you to refer to this Agreement from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made. Your continued use of the Site constitutes your acceptance of any modifications of this Agreement.

Service Description

The Site is operated to provide users with access to a rich collection of online resources, including fantasy sports contests, fantasy league management services, and information services (the "Service"). Users may register and establish an account on the Site to use the Service. The right to use the Service is personal to the user and a user's account is not transferable. A user may permit usage of the Service by other individuals, but the user remains solely responsible for all charges incurred by such individuals.

Changes

Company may augment, change, suspend, modify or discontinue any aspect of the Site or the Service at any time. Such changes may include, but are not limited to, changing the number of leagues or the number of users per league in order to accommodate all users and to create a competitive fantasy sports experience. All users will be notified of such changes according to the notice provisions set forth below. Any use of the Service under a user's account after notice of any changes shall be deemed to constitute acceptance by the user of such changes.

Registration and Payment

Registration is required to access and use certain portions of the Site and/or the Service. If you register for such use, you agree to provide true, current, complete and accurate information required for such registration, and to update registration information as soon as possible should there be any changes to that information.

Upon registration, you will be asked to select a password and/or username. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on this Site under such password or username. You agree to immediately notify Company of any suspected unauthorized use of your password or username or any other breach of security. Company will not be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of your failure to protect the confidentiality of your password and/or username.

Certain Service(s) made available on the Site may be offered on a payment basis ("Pay Service"). Should you choose to purchase a Pay Service, you will be required to register as described above. You agree to pay all the fees applicable, including any applicable taxes, for such Pay Services. Unless otherwise indicated, the fees for a Pay Service purchased from Company are chargeable immediately to the credit card you designated for the particular transaction or through such other billing process, as applicable. All fees are non-refundable. Company reserves the right to change the amount of, or basis for determining, any fees for a Pay Service, and to institute new fees at any time effective upon notice to you.

By registering for a Pay Service, you warrant that you: (a) are the age of majority in the jurisdiction in which you reside; (b) have submitted registration information that is true and correct, and (c) are the cardholder of the credit card used to purchase the Pay Service. Company reserves the right to either suspend or terminate your use of any Pay Service at any time, including without limitation, when Company has determined in its sole discretion that your use of the Pay Service is, or was, in breach of this Agreement.

Prizes

PRIZES MAY BE AWARDED TO WINNING PARTICIPANTS IN CERTAIN LEAGUES, TOURNAMENTS OR CONTESTS OFFERED BY THE SERVICE. ALL PRIZES AWARDED SHALL BE NON-CASH PRIZES. THE AMOUNT OF PRIZES AWARDED FOR EACH RESPECTIVE LEAGUE, TOURNAMENT OR CONTEST SHALL BE BASED ON THE ACTUAL NUMBER OF PARTICIPANTS IN SUCH LEAGUE, TOURNAMENT OR CONTEST. COMPANY MAY LIST AN ANTICIPATED "UP TO" AMOUNT OF PRIZES FOR EACH LEAGUE, TOURNAMENT OR CONTEST BASED ON THE EXPECTED NUMBER OF PARTICIPANTS. HOWEVER, COMPANY EXPRESSLY RESERVES THE RIGHT TO MODIFY THE ACTUAL AMOUNT OF PRIZES FOR ANY SUCH LEAGUE, TOURNAMENT OR CONTEST BASED ON THE ACTUAL NUMBER OF PARTICIPANTS.

User Conduct

As a condition of your continued access to and use of the Site and/or Service, you agree to abide by all applicable laws and regulations. In addition, without limiting the foregoing, you agree not to:

Upload, post, transmit, e-mail, distribute or otherwise publish through the Site any materials which:
• Restrict or inhibit any other user from using and enjoying the Site;
• Are unlawful, harmful, threatening, harassing, abusive, libellous, defamatory, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable, profane, or indecent;
• Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, trade secret, patent, rights of privacy or publicity, or any other right of any party;
• Contain any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or
  • Contain any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation.
  • Harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Site, including e-mail addresses, without the express consent of such users;
  • For the purposes of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Site;
  • Impersonate any person or entity, including, but not limited to, a Company employee or Site administrator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Attempt to gain unauthorized access to the Site, other computer systems or networks connected to the Site, through password mining or any other means; and
  • Interfere with or disrupt networks or servers connected to the Site or violate the regulations, policies or procedures of such networks.

The Site and the Service provided thereon are intended for your entertainment and enjoyment only and may not be used in connection with any form of gambling.

Service Content

The Site contains copyrighted material, and the entire contents of the Service are copyrighted as a collective work under the United States copyright laws. Except as expressly permitted by this Agreement, you agree not to copy, reproduce, publish, retransmit or redistribute copyrighted materials, in whole or in part, in any manner, without the express written permission of the copyright owner. You may download or make a single copy of copyrighted materials solely for your own personal use, provided the you preserve any copyright or other notices contained in or associated with them. Company shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized Company representative. At no time should the opinions, views, advice or statements provided by Company or any of its Service providers be relied upon for important personal decisions. Except as stated in the license agreement accompanying any software provided through or in connection with the Service, each user is granted only a personal, nonexclusive and nontransferable license to use such software, and unauthorized copying of software is prohibited.

Third Party LinksThe Site may contain hyperlinks to other Internet sites which are owned and operated by unaffiliated third parties and therefore not affiliated with Company ("Other Site(s)"). The hyperlinks to Other Sites are offered as a convenience, and do not constitute an endorsement by Company of any Other Site, its resources, or its content. If you use the hyperlinks to access these Other Sites, you will leave our Site and your browser will be re-directed to the Other Sites. Company is under no obligation to review the content of these Other Sites, and does not warrant or make any representation regarding any Other Site's accuracy or authenticity. Consequently, Company will not be liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such Other Sites.

No Other Site may link to the Site without the express written consent of Company. Company reserves the right to deny or revoke permission to link to the Site from any Other Site for any reason in its sole discretion.

Disclaimers and Limitation of Liability

Although we strive to update and keep accurate as much as possible the content contained on the Site, errors and/or omissions may occur.

ACCORDINGLY, THIS SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SITE, IS PROVIDED ON AN "AS IS" BASIS AND "AS AVAILABLE" BASIS. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

COMPANY DOES NOT WARRANT THAT YOUR ACTIVITY OR USE OF THE SITE OR SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.

COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM OR IN CONNECTION WITH THE USE OR, OR THE INABILITY TO USE, OR FROM ANY ERRORS OR OMISSIONS CONTAINED ON, THE SITE OR ANY CONTENT OR SERVICE THEREIN, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO CIRCUMSTANCE WILL LIABILITY EXCEED THE AMOUNT PAID FOR A GIVEN SERVICE.

Indemnification

You agree to defend, indemnify and hold harmless Company, its respective officers, directors, employees, agents and affiliates from and against any and all costs, claims, fines, penalties, demands, liabilities, losses, damages, judgments and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Site and/or Service.

Notices

COMPANY may give notice to users of the Site, at Company's option, by (i) posting a message on the Site, (ii) electronic or conventional mail, or (iii) by any other means by which users obtain actual knowledge thereof.

Whenever users are required to give notice to Company, such notice shall be in writing and provided by mail or e-mail. All e-mail notices shall be sent to support@ultimatefantasychamp.com. All notices sent by regular mail shall be addressed to Company at the following address:

Ultimate Fantasy Champ, LLC.
5525 Believe Ct.
Las Vegas, NV 89139

Suspension and Termination

Company or a user may terminate this Agreement and the user's account at any time, with or without cause, provided however, that no refunds shall be given for any fees paid to use a Pay Service. Company may suspend or terminate a user's account, without notice, in the event of any breach by the user of this Agreement or for other conduct by the user which Company, in its sole discretion, considers to be unacceptable. Suspension or termination of a user's account means that the Service will no longer be accessible to the user. Company shall not be responsible for any consequences of such lack of access. Suspension or termination of a user's account also terminates the user's license to use any software provided by the Site and/or Service. The provisions of this Agreement will survive termination of this Agreement, whether by Company or by the user.

Game of Skill

Any fantasy sports leagues, tournaments or contests provided by the Site are games of skill that offer non-cash prizes to winning participants. Such participants take part in an activity, the outcome of which is based on the contestant's skills and abilities, including skills in such areas as (i) the analysis of the future performance of athletes over a significantly extended time period and not just a single game or a single performance; (ii) the skill in drafting such athletes; (iii) the skill and ability in creating a balanced fantasy team from such individual athletes; and (4) the skills and strategies surrounding the appropriate understanding and use of the rules governing tournament competition on the Site.

Miscellaneous

This Agreement shall be construed in accordance with the laws of the State of Nevada, without regard to its conflict of laws rules. If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

This Agreement was last updated on May 20, 2008.