Welcome to the website of LeagueHeads LLC (“LeagueHeads” “us,” “we,” or “our”). These terms and conditions (“Terms”) govern your use of the LeagueHeads website (the “Site”).

Please review these Terms carefully before using the Site. By accessing or using this Site, you agree to and accept these Terms. You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and receipt of data and information available at or through the Site.

We may occasionally change these Terms, so we encourage you to review the Terms periodically. If you continue to use the Site after we change the Terms, you accept all changes. Please also see our privacy policy for an explanation of how this site will will use your information.

Privacy Policy; Additional Terms

Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through the Site, and you consent to our use of data in compliance with the Privacy Policy. The Privacy Policy is incorporated by reference into these Terms.

Additional terms may apply to your use of the Site. We will provide these terms to you or post them on the applicable part of the Site to which they apply; they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms, the additional terms will control.

Contests and promotions on the Site may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions, and you are responsible for complying with these rules and requirements.

Site Access

You are responsible for maintaining the confidentiality of any login names and passwords you provide in connection with your use of or access to the Site, and you accept responsibility for all activities, charges, and damages that may occur in connection with such use. We will not be responsible for any loss or damage resulting from unauthorized use of any login name, password or account. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.

Intellectual Property

The content, information, data, designs, code, and materials associated with the Site (“Content”) are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. Neither the title nor any intellectual property rights to any Content are transferred to you, but remain with LeagueHeads or the applicable owner of such Content.

The term “LeagueHeads” is a trademark and any LeagueHeads logo and all related product and service names, designs and slogans are LeagueHeads marks. You may not use such marks without our express written permission. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.

Subject to these Terms, you may access and use the Site only for your own personal, non-commercial use. We reserve all other rights to the Site and Content, and you may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Site or Content without our express written permission. You also may not transfer or sublicense this limited right to use the Site or resell the Site.

Non-Affiliation

LeagueHeads is not affiliated with any professional or amateur sports league or organization, nor any such league or organization’s teams, franchises, subsidiaries, or affiliates.

Non-Gambling

The Site is not an internet gambling site and LeagueHeads does not in any way condone or permit gambling of any form by its Site users. The Site is for entertainment purposes only and for personal non- commercial use by its users. The Site solely permits users to place virtual bets or wagers with virtual currency. Neither the Site nor LeagueHeads (a) permit bets or wagers that involve risking something of value (including any form of “real world” money or property) or (b) permit or conduct any transfers of funds or real currency in connection with a winning bet or wager.

Virtual Currency and Virtual Items

The Site allows you to place virtual bets or wagers using virtual currency (the “Virtual Currency”) and earn Virtual Currency via successful virtual bets or wagers. The Site may also grant access to or permit the purchase of, with “real world” money or currency, certain products or features that may enhance the user’s experience on the Site (the “Virtual Items”). You understand that while you may “receive,” “earn,” “buy” or “purchase” virtual items for use on the Site, such as “credits” to use in connection with certain products or features of the Site, these real world terms are only being used as shorthand. You do not in fact “own” the Virtual Currency or Virtual Items and the amounts of any Virtual Currency or Virtual Item do not refer to any credit balance of real currency or its equivalent. The purchase or receipt of a Virtual Item is a limited license to use certain aspects of the Site and Content, including any product or service thereof. Any Virtual Currency (such as the amounts shown in your “Bankroll” or “Matchup Bankroll”) or Virtual Item balance (such as your “Sway Credits” amount) shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.

Fee-Based Features

You can purchase a license to use certain Virtual Items by visiting the applicable purchase page on the Site, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. When you purchase a license to such Virtual Items from our Site, We may send you a confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. LeagueHeads keeps records of transactions in order to deal with any subsequent queries.

For any Virtual Items you purchase, your order will represent an offer to us to purchase a license for the relevant service(s) or product(s) which will be accepted by us when We make such Virtual Items available in your account for you to use on the Site, or debit your credit card, whichever comes first.

Your license to Virtual Items for use in the Site is a service provided by LeagueHeads that commences upon acceptance by LeagueHeads of your purchase or redemption of third party virtual currency. By ordering a license to use Virtual Items you agree and accept that LeagueHeads will provide it to you promptly following completion of your purchase.

You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. LeagueHeads may revise the pricing for the goods and services it licenses to you through the Site at any time.

Unless otherwise stated, all fees and charges are non-refundable. We do not provide price protection or refunds in the event of a price reduction or promotional offering.

Legal Complaints

LeagueHeads respects intellectual property rights. If you believe that any of the Content infringes your intellectual property rights, please contact us at support@leagueheads.com.

Site Use and Submitted Content

The Site and Content are solely for the entertainment purposes. You agree to use the Site only for lawful purposes. The Site has been designed to present the Content in a unique format and appearance. Unless we give you permission, you agree not to access the Site using any interface other than ours. We may deny permission to link to the Site for any reason in our sole discretion, and you must be able to edit or delete promptly links that you create, upon our request.

Without limiting any other provision in these Terms, you may not use the Site to do the following or assist others to do the following:

    (a) use the Site for any form of gambling;
    (b) threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;
    (c) link to the Site from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
    (d) frame the Site, display the Site in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between LeagueHeads and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
    (e) violate any person's or entity's legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
    (f) transmit files that contain viruses, spyware, adware, or other harmful code;
    (g) advertise or promote goods or services without our permission (including, without limitation, by sending spam);
    (h) interfere with others using the Site or otherwise disrupt the Site;
    (i) transmit, collect, or access personally identifiable information about other users without the consent of those users and LeagueHeads;
    (j) engage in unauthorized spidering, “scraping,” or harvesting Content, contact or other personal information, or use any other unauthorized automated means to compile information;
    (k) impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; or
    (l) defeat any access controls, access any portion of the Site that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.

Any content and/or opinions uploaded, expressed or submitted to a message board, chatroom or any other publicly available section of the Site (including password-protected areas), and all articles and responses to questions, other than the content provided by us, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect our opinions. You understand and acknowledge that you are responsible for whatever content you submit (“Submitted Content”), and you, not LeagueHeads, have full responsibility for such content, including its legality, reliability and appropriateness. When you provide any Submitted Content, you grant to LeagueHeads, its affiliates and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of such Submitted Content, and your name, voice, likeness and other identifying information where part of such Submitted Content, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your Submitted Content. You represent and warrant that you have all rights necessary to grant to LeagueHeads this license and that none of your Submitted Content is defamatory, violates any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violates applicable law.

We reserve the right, but do not assume any responsibility, to refuse or remove any Submitted Content or any material posted on the Site and terminate any user’s access to all or part of the Site, without notice to you. We reserve the right to take any action we deem necessary to protect the personal safety of users of this Site and the public. However, we have no obligation to monitor Submitted Content or any material posted on the Site, and you agree that neither we nor our affiliates, employees, or agents will be liable for Submitted Content or any loss or damage resulting from Submitted Content.

Your failure to comply with the foregoing provisions may result in the termination of your access to the Site and may expose you to civil and/or criminal liability.

Third Parties and Third-Party Content

We may provide third party content or link to third party websites on the Site. We do not necessarily endorse or evaluate third party content and websites, and we do not assume responsibility for third parties’ actions or omissions. You should review third parties’ terms of use and privacy policies before you use their services.

If you choose to correspond, participate in a promotion or engage in transactions with any third party found on or through this Site, you acknowledge and agree that we are not a party to, and will not be responsible for, your interaction with such third party, including its treatment of your information and the terms and conditions applicable to any transaction between you and such third party. The terms of your interaction with any third party are solely between you and such third party. You agree that we will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such third parties on this Site.

Site Access; Account Deletion

We may take any of the following actions in our sole discretion at any time and for any reason without giving you prior notice:

    (a) restrict or terminate your access to the Site;
    (b) change or discontinue the Site;
    (c) deactivate your accounts and delete all related information and files in your accounts;
    (d) provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Site, or as otherwise described in the Privacy Policy.

We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms.

If you do not agree to these Terms, you should immediately stop using the Site.

These Terms will survive any termination of your access to the Site, whether we terminate your access or you voluntarily discontinue your use.

Indemnification

You will defend, indemnify, and hold harmless LeagueHeads, its affiliates, and the members, officers, employees, vendors, partners, contractors, agents, licensors or other representatives of each of them and all of their successors and assigns (collectively, the “LeagueHeads Parties”) with respect to all claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Site (including, without limitation use of your account, whether or not authorized by you, and claims arising from Submitted Content). LeagueHeads retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Indemnification section without LeagueHeads’ prior written approval.

Disclaimers; Limitation of Liability

THE LEAGUEHEADS PARTIES DO NOT WARRANT: (1) THAT THE SITE, ANY OF THE SITE’S FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SITE OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SITE OR INFORMATION AVAILABLE THROUGH THE SITE WILL CONTINUE TO BE AVAILABLE. THE LEAGUEHEADS PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

THE LEAGUEHEADS PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE SITE OR YOUR SUBMITTED CONTENT, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE LEAGUEHEADS PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT) UNLESS SPECIFIED IN WRITING. THE LEAGUEHEADS PARTIES’ LIABILITY IN CONNECTION WITH THE SITE OR YOUR SUBMITTED CONTENT FOR WILLFUL MISCONDUCT WILL NOT EXCEED THE AMOUNT PAID BY YOU TO LEAGUEHEADS IN THE THREE MONTHS PRECEEDING THE CLAIM.

YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE LEAGUEHEADS PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY THE LEAGUEHEADS PARTIES, INCLUDING WITHOUT LIMITATION THE SITE (INCLUDING THOSE INCORPORATING SUBMITTED CONTENT).

YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Governing Law, Venue, and Jurisdiction

These Terms and all claims arising from or related to your use of the Site will be governed by and construed in accordance with the laws of the State of California, except California's conflict of law rules. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.

With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in Los Angeles or San Francisco, California. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.

Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Site or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.

Arbitration

We may elect to resolve any controversy or claim arising out of or relating to these Terms or the Site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Unless we establish a different location, arbitration hearings will be held in Los Angeles or San Francisco, California. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.

Miscellaneous

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to you via email. You may update your email address by visiting the Site where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Site, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.

Additional Terms of Service for March Mania Fantasy Betting Showdown

Please read terms of service below for information on registering for LeagueHeads’s March Mania Fantasy Betting Showdown.

Acceptance of LeagueHeads Terms

Welcome to LeagueHeads March Mania Fantasy Betting Showdown ("March Mania"), owned and operated by LeagueHeads LLC. ("LeagueHeads"). LeagueHeads offers the March Mania service to you subject to these Additional Terms (which supplement the LeagueHeads Terms of Service, and are hereby incorporated by reference), and any other rules or guidelines that may be published by LeagueHeads on a periodic basis (any of which may be updated by LeagueHeads from time to time) (collectively, the "Agreement"). ANY PARTICIPATION IN MARCH MANIA WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT PARTICIPATE IN MARCH MANIA.

LeagueHeads ID Requirement

To participate in March Mania, you must have a valid LeagueHeads ID. If you do not have a LeagueHeads ID, you will be prompted to sign up for one before completing the registration process for March Mania.

Accuracy of Information

ALL STATISTICS AND OTHER INFORMATION PROVIDED THROUGH MARCH MANIA ARE UNOFFICIAL. March Mania and its components are offered for informational and/or entertainment purposes only. While LeagueHeads uses reasonable efforts to include accurate and up-to-date information, LeagueHeads does not warrant nor make any representations of any kind with respect to the information provided to you through the Service. Neither LeagueHeads nor its affiliate game partners shall be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any error or omissions in that information.

Entertainment Purposes Only

March Mania is presented by LeagueHeads for entertainment purposes only. If it is used in connection with any form of gambling or wagering such an action represents solely the decision and responsibility of the user(s). LeagueHeads shall in no way bear responsibility for this breach of federal law.

Collection of Personal Information

By signing up for March Mania, you agree to LeagueHeads’ collecting of your email and/or information stored with your Google+ or Facebook profile. LeagueHeads uses this information for the following general purposes: to fulfill your requests for products and services, improve our services, conduct research, and grow the LeagueHeads community through promotions.

LeagueHeads' Reservation of Rights

LeagueHeads expressly reserves the right to immediately modify, suspend or terminate your account and refuse current or future use of any LeagueHeads service, including the March Mania service, if LeagueHeads: (a) in its sole discretion, believes you have violated or tried to violate the rights of others; (b) becomes aware of information indicating a safety concern for you, other LeagueHeads users, or the general public, or (c) in its sole discretion, believes that you have acted inconsistently with the spirit or letter of these TOS, these Additional Terms, or the Rules and Instructions. March Mania and its related benefits are offered at the discretion of LeagueHeads, and LeagueHeads has the right to modify or discontinue, temporarily or permanently, March Mania, whether in whole or in part for any reason, with or without notice to you. You agree that LeagueHeads will not be liable to you or to any third party for any modifications or discontinuance of the Service.

Indemnity

You agree to indemnify and hold harmless LeagueHeads, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of, or participation in, March Mania, your connection to the Service, your violation of the TOS, these Additional Terms, the Rules and Instructions, or of any rights of another person or entity.

Invalidity of Specific Terms

If any provision of these Additional Terms or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.

Thank you for participating in LeagueHeads March Mania Fantasy Betting Showdown.