Terms of Use

1. DEFINITIONS.

“PREMIERFLAGFOOTBALL.COM” is the interactive on-line service operated by TMRW Sports, Inc. on the Internet, which consists of, or will consist of, information services and content provided by TMRW Sports, Inc. and its affiliates (“PREMIER FLAG”) and other third parties through the website located at PREMIERFLAGFOOTBALL.COM various device applications (e.g., PREMIER FLAG iPhone app, Android app) and other services and platforms from time to time. Various teams that participate in the league will also employ websites and device applications that may link to, or from, the PREMIERFLAGFOOTBALL.COM site, and which may be embedded into the league website itself. “You” means each person who establishes a connection to PREMIERFLAGFOOTBALL.COM for access to and use of PREMIERFLAGFOOTBALL.COM. Any use of PREMIERFLAGFOOTBALL.COM in connection with your employment or on behalf of any other party constitutes a representation and warranty that you have the authority to bind your employer or such other party to these Terms of Use.

2. GENERAL.

a. PREMIER FLAG encourages parents and guardians to spend time with their children online and to be fully familiar with the sites visited by the children in their care, including PREMIERFLAGFOOTBALL.COM. PREMIERFLAGFOOTBALL.COM is not intended for use by people under the age of thirteen (13). Our policy is to not knowingly collect personal information from people under the age of thirteen (13), so if you believe that such personal data has been provided to us without parental or guardian consent, please contact us at privacy@tmrwsportsgroup.com. We will work to have such personal information deleted from our systems. Subscribers under the age of eighteen (18) should not participate in contests or sweepstakes or other promotional opportunities on PREMIERFLAGFOOTBALL.COM, nor should they post information to PREMIERFLAGFOOTBALL.COM without a parent or guardian’s consent.

b. These Terms of Use set forth the terms and conditions that apply to your use of PREMIERFLAGFOOTBALL.COM. By using PREMIERFLAGFOOTBALL.COM (other than to read these Terms of Use for the first time), you agree to comply with all of the terms and conditions hereof. The right to use PREMIERFLAGFOOTBALL.COM is personal to you and is not transferable to any other person or entity. You are responsible for all of your use (under any screen name or password) and for ensuring that all of your use complies fully with the provisions of these Terms of Use. You shall be responsible for protecting the confidentiality of your password(s), if any.

c. PREMIER FLAG shall have the right at any time to change or discontinue any aspect or feature of PREMIERFLAGFOOTBALL.COM, including, but not limited to, content, hours of availability, and equipment needed for access or use.

d. These Terms of Use do not necessarily reflect the terms that govern other sites that are operated by PREMIER FLAG or the practices of parties other than PREMIER FLAG who operate sites that may be linked to or from PREMIERFLAGFOOTBALL.COM.

3. CHANGED TERMS.

TMRW Sports, Inc. shall have the right at any time to change or modify these Terms of Use or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes or modifications shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on PREMIERFLAGFOOTBALL.COM, or by electronic or conventional mail, or by any other means by which PREMIERFLAGFOOTBALL.COM may publicize notice thereof. Your use of PREMIERFLAGFOOTBALL.COM after such notice shall be deemed to constitute your acceptance of such changes or modifications.

4. EQUIPMENT; CHARGES.

You shall be responsible for obtaining and maintaining all computer hardware and other equipment needed for access to and use of PREMIERFLAGFOOTBALL.COM and all charges related thereto. Any subscription or other fees charged by TMRW Sports, Inc. for use of PREMIERFLAGFOOTBALL.COM or for any upgrades or subscription features offered on PREMIERFLAGFOOTBALL.COM are stated in the application or the order path for, as applicable, the application, upgrade, or subscription feature. Please note that, in addition, depending on your Internet access provider, using or downloading PREMIERFLAGFOOTBALL.COM or its upgrades or features may cause you to incur data or other charges from your provider. These Terms of Use will govern any upgrades to PREMIERFLAGFOOTBALL.COM provided by TMRW Sports, Inc. unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern.

5. REGISTRATION OBLIGATIONS.

If you register with PREMIERFLAGFOOTBALL.COM, you agree to provide true, accurate, current, and complete information about yourself. TMRW Sports, Inc. has the right to suspend or terminate access and refuse any and all current or future use of PREMIERFLAGFOOTBALL.COM (or any portion thereof) if you provide any untrue, inaccurate, not current, or incomplete information, or if TMRW Sports, Inc. reasonably suspects that you have provided untrue, inaccurate, or incomplete information.

6. CONDUCT.

a. PREMIERFLAGFOOTBALL.COM is intended for your personal, noncommercial use only. You shall not use PREMIERFLAGFOOTBALL.COM or any of its data or other content for any commercial or business-related purpose, unless expressly licensed by TMRW Sports, Inc.

b. You shall use PREMIERFLAGFOOTBALL.COM for lawful purposes only. You shall not post or transmit through PREMIERFLAGFOOTBALL.COM any material which violates or infringes in any way upon the rights of others; which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable; which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or which, without TMRW Sports, Inc. ’s express and written prior approval, contains advertising or any solicitation with respect to products or services. Any conduct that in TMRW Sports, Inc. ’s discretion restricts or inhibits any other individual from using or enjoying PREMIERFLAGFOOTBALL.COM will not be permitted. You shall not use PREMIERFLAGFOOTBALL.COM to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become users or subscribers of other on-line information services competitive with PREMIERFLAGFOOTBALL.COM.

c. You shall not use or permit or facilitate others to use PREMIERFLAGFOOTBALL.COM by automated electronic processes, robots, spiders, scrapers, webcrawlers, or other computer programs that monitor, copy, or download data or other content found on, or accessed through, PREMIERFLAGFOOTBALL.COM, including without limitation real time scoring, statistics, video, audio, polling or any other data or content (whether current or archival).

d. You may use real time scoring, statistics, and other data (whether current or archival) collected from PREMIERFLAGFOOTBALL.COM solely for legitimate news reporting and for personal, noncommercial purposes. You shall not use real time scoring, statistics, or other data (whether current or archival) collected from PREMIERFLAGFOOTBALL.COM for sale, license, or other commercial purposes (including without limitation commercial gambling purposes), unless expressly licensed by the applicable PREMIER FLAG party.

e. You shall not interfere with, disrupt, unreasonably drain the resources of (through virus infections, denial of service attacks, any form of excessive use, or any other drain), translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way PREMIERFLAGFOOTBALL.COM or servers or networks connected to PREMIERFLAGFOOTBALL.COM, or disobey any requirements, procedures, policies, or regulations of networks connected to PREMIERFLAGFOOTBALL.COM.

f. Any gaming features that we may make available, including fantasy and fan polling features, are provided exclusively for entertainment purposes.

g. You shall not create a frame, browser, or border around any of the content of PREMIERFLAGFOOTBALL.COM or link to PREMIERFLAGFOOTBALL.COM without TMRW Sports, Inc.’s prior express written permission (except that you may use a plain text-only link to the home page of PREMIERFLAGFOOTBALL.COM, which link does not in any way imply a sponsorship or affiliation with PREMIERFLAGFOOTBALL.COM, PREMIER FLAG, or a PREMIER FLAG party.

h. PREMIERFLAGFOOTBALL.COM contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of PREMIERFLAGFOOTBALL.COM are copyrighted as a collective work under United States copyright laws. TMRW Sports, Inc. owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or exploitation of downloaded material will be permitted without the express permission of TMRW Sports, Inc. and the copyright owner (if different). In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

i. You shall not upload, post, or otherwise make available on PREMIERFLAGFOOTBALL.COM any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of PREMIERFLAGFOOTBALL.COM, you automatically grant, or warrant that the owner of such material has expressly granted, PREMIER FLAG the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user’s personal use. You hereby grant PREMIER FLAG the right to edit, copy, publish, and distribute any material you make available on PREMIERFLAGFOOTBALL.COM. The foregoing provisions of Section 7 are for the benefit of PREMIER FLAG and third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

A. YOU AGREE THAT USE OF PREMIERFLAGFOOTBALL.COM IS AT YOUR SOLE RISK. NEITHER PREMIER FLAG NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT PREMIERFLAGFOOTBALL.COMWILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF PREMIERFLAGFOOTBALL.COM, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH PREMIERFLAGFOOTBALL.COM. PREMIERFLAGFOOTBALL.COMIS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

B. NEITHER PREMIER FLAG NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN PREMIERFLAGFOOTBALL.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. IN NO EVENT WILL ANY OF THE FOREGOING PARTIES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE PREMIERFLAGFOOTBALL.COM.

C. YOU AGREE THAT NEITHER PREMIER FLAG NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

8. MONITORING.

TMRW Sports, Inc. shall have the right, but not the obligation, to monitor the content of PREMIERFLAGFOOTBALL.COM to determine compliance with these Terms of Use and any operating rules established by TMRW Sports, Inc. and to satisfy any law, regulation, or authorized government request. TMRW Sports, Inc. shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to, or posted on, PREMIERFLAGFOOTBALL.COM. Without limiting the foregoing, TMRW Sports, Inc. shall have the right to remove any material that it, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

9. INDEMNIFICATION.

You agree to defend, indemnify, and hold harmless PREMIER FLAG and each of their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees and costs, arising out of your use of PREMIERFLAGFOOTBALL.COM.

10. TERMINATION.

Either TMRW Sports, Inc. or you may terminate your access to and/or use of PREMIERFLAGFOOTBALL.COM at any time. Without limiting the foregoing, TMRW Sports, Inc. shall have the right to immediately terminate your access and/or use of PREMIERFLAGFOOTBALL.COM in the event of any conduct by you which TMRW Sports, Inc., in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use. The provisions of Sections 8, 10, 14 and 16 and this Section 11 shall survive termination of these Terms of Use.

11. TRADEMARKS AND CONTENT.

PREMIER FLAG is a trademark of FlagCo Holdings, LLC. All rights are reserved by the respective rights holders. All other trademarks appearing on PREMIERFLAGFOOTBALL.COM are the property of their respective owners.

12. THIRD-PARTY CONTENT.

PREMIERFLAGFOOTBALL.COM is a distributor (and not a publisher) of content supplied by third parties and users. Accordingly, PREMIER FLAG has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, you, or any other user of PREMIERFLAGFOOTBALL.COM, are those of the respective author(s) or distributor(s) and not of PREMIER FLAG. Neither PREMIER FLAG nor any third-party provider of information, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 8 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through PREMIERFLAGFOOTBALL.COM represents the opinions and judgments of the respective information provider, you, or other user not under contract with a PREMIER FLAG party. Neither does PREMIER FLAG endorse nor is PREMIER FLAG responsible for the accuracy or reliability of any opinion, advice, or statement made on PREMIERFLAGFOOTBALL.COM by anyone other than authorized PREMIER FLAG employee spokespersons while acting in their official capacities. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through PREMIERFLAGFOOTBALL.COM. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content. PREMIERFLAGFOOTBALL.COM may contain links to other third-party websites or resources. PREMIER FLAG has no control over such sites and resources, and you acknowledge and agree that PREMIER FLAG bears no responsibility for the availability of such external sites or resources, does not endorse, and bears no responsibility or liability for any content, advertising, products, or other materials on or available from such sites or resources, and also bears no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party web site or resource.

PREMIERFLAGFOOTBALL.COM may operate on or in connection with various products and services provided by various third parties, such as third-party handsets (e.g., cell phones and smart phones), tablet devices, televisions, set top devices and other devices, and third party-provided Internet access services. Without limiting the generality of the foregoing disclaimers and limitations of liability, you acknowledge that PREMIER FLAG does not control such third parties or their products or services and that PREMIER FLAG shall not be responsible for such third parties or their products or services.

PREMIERFLAGFOOTBALL.COM may enable access to third-party services and websites. You understand that by using PREMIERFLAGFOOTBALL.COM, you may encounter content that may be deemed offensive, indecent, or objectionable, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use PREMIERFLAGFOOTBALL.COM at your sole risk and that PREMIER FLAG shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable

13. PRIVACY NOTICE.

Please refer to Privacy policy for information on how PREMIERFLAGFOOTBALL.COM collects, uses, and discloses your personal information.

14. COPYRIGHTS AND COPYRIGHT AGENT.

PREMIER FLAG respects the rights of all copyright holders and, in this regard, TMRW Sports, Inc. has adopted and implemented a policy that provides for the termination in appropriate circumstances of access and use by users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TMRW Sports, Inc. ’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) 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;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TMRW Sports, Inc. to locate the material;

(iv) Information reasonably sufficient to permit TMRW Sports, Inc. to contact the complaining party;

(v) A statement that the complaining party has 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; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If the complained-about party believes that the material was removed as a result of mistake or misidentification of the material, the party may submit a counter-notice requesting the reinstatement of the material. For more information, see: https://www.copyright.gov/512/.

For copyright inquiries under the Digital Millennium Copyright Act please contact: Copyright Agent, TMRW Sports, Inc. , info@PREMIERFLAGFOOTBALL.COM. For web posting, reprint, transcript, or licensing requests for PREMIERFLAGFOOTBALL.COM material, please contact , info@PREMIERFLAGFOOTBALL.COM. For any questions or requests other than copyright issues or licensing requests, please contact , info@PREMIERFLAGFOOTBALL.COM.

15. ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER; CHOICE OF LAW.

FLORIDA LAW GOVERNS THESE TERMS OF USE AND ANY CONTROVERSY OR CLAIM ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OF USE, OR BREACH THEREOF, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE CLAIMS OR OTHER TORT CLAIMS OF ANY KIND, STATUTORY CLAIMS OF ANY KIND OR ANY OTHER CLAIMS FOR RELIEF UNDER ANY OTHER LEGAL THEORIES, SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. SUCH ARBITRATION SHALL BE CONFIDENTIAL AND THE HEARING HELD IN ORANGE COUNTY, FLORIDA. THE PREVAILING PARTY (AS DETERMINED BY THE ARBITRATOR) IN ALL SUCH ARBITRATIONS SHALL BE ENTITLED TO RECOVER ITS COSTS FROM THE OTHER PARTY TO THE FULLEST EXTENT PERMITTED BY LAW. EACH PARTY WAIVES THE RIGHT TO A COURT OR JURY TRIAL AND ANY RIGHTS TO PARTICIPATE IN ANY CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING, WITH RESPECT TO ALL CLAIMS HEREUNDER. NOTWITHSTANDING THE FOREGOING, YOU HEREBY ACKNOWLEDGE THAT IT MAY BE IMPOSSIBLE TO DETERMINE THE AMOUNT OF DAMAGES THAT WOULD RESULT TO PREMIER FLAG FROM YOUR BREACH OF THESE TERMS OF USE AND THAT THE REMEDY AT LAW FOR YOUR BREACH, OR THREATENED BREACH, OF THESE TERMS OF USE MAY BE INADEQUATE. ACCORDINGLY, YOU AGREE THAT PREMIER FLAG SHALL BE ENTITLED TO SEEK FROM ANY COURT OF COMPETENT JURISDICTION SUCH INJUNCTIVE RELIEF AS MAY BE AVAILABLE TO COMPEL SPECIFIC PERFORMANCE OF, OR RESTRAIN YOU FROM VIOLATION OF, THESE TERMS OF USE. IN CONNECTION WITH ANY ACTION OR PROCEEDING FOR TEMPORARY OR PERMANENT INJUNCTIVE RELIEF, YOU HEREBY AGREE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TO HAVE THESE TERMS OF USE SPECIFICALLY ENFORCED AGAINST YOU, WITHOUT THE NECESSITY OF POSTING BOND OR OTHER SECURITY AGAINST YOU.

16. MISCELLANEOUS.

These Terms of Use and any operating rules for PREMIERFLAGFOOTBALL.COM established by TMRW Sports, Inc. constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party 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. In the event a court of competent jurisdiction finds that any provision of these Terms of Use is invalid, the court should give effect to the parties’ intentions as reflected in the provision, and all other provisions of these Terms of Use shall remain in full force and effect. You must file any claim or cause of action arising out of or related to use of PREMIERFLAGFOOTBALL.COM or these Terms of Use within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary, acknowledging that any claim or cause of action filed after one (1) year would be forever barred. All rights not expressly granted to you herein are hereby reserved to TMRW Sports, Inc.