SERVICES AND CONTENT

The following agreement (this "Agreement" or the "Terms of Use") describes the terms on which Numedeon, Inc. (the "Company ") offers you access to its services. This offer is conditioned on your agreement to all of the terms and conditions contained in these Terms of Use, including your compliance with the policies, terms and conditions linked to this Agreement. By using SportsBLOX, you agree to these Terms of Use. If you do not agree to abide by these Terms of Use, you are prohibited from accessing or using SportsBLOX. The Company may amend these Terms of Use at any time in its sole discretion, and such amended Terms of Use shall be effective upon posting the amended Terms of Use at the domain or subdomains of http://www.sportsblox.com where the prior version of these Terms of Use were posted, or by communicating these changes through any written contact method we have established with you.

Description of the service.

"SportsBLOX" is the multi-user online service offered by Numedeon, Inc. and the online environments that support the service including, without limitation, access to the websites and services available from the domain and subdomains of http://sportsblox.com (the "Service").

Numedeon, Inc. is a service provider.

You acknowledge that Numedeon, Inc. is a service provider that may allow people to interact online regarding topics and content chosen by users of the service, and that users can alter the service environment on a real-time basis. Numedeon, Inc. generally does not regulate the content of communications between users or users' interactions with the Service. As a result, Numedeon, Inc. has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service.

Content available through the service may be provided by users of the service, rather than by Numedeon, Inc.

By using the Service you may have access to graphics, sound effects, music, video, audio, animation, text and other creative output (collectively, "Content"). Content may be provided under license by independent content providers including contributions from other users of the Service (all such independent content providers, "Content Providers"). Numedeon, Inc. does not pre-screen Content. Numedeon, Inc. and other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the Service. You accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that your creation of Content is not in any way based upon any expectation of compensation from Numedeon, Inc.

SportsBLOX "currency" is a limited license right available for purchase at Numedeon, Inc.'s discretion, and is not redeemable for monetary value from Numedeon, Inc.

The Service presently includes a component of in-world fictional currency ("Currency" or "BLOXbux"), which constitutes a limited license right to use a feature of our product when, as, and if allowed by Numedeon, Inc. ?Numedeon, Inc. may charge fees for the right to use BLOXbux, or may distribute BLOXbux without charge, in its sole discretion. Regardless of terminology used, BLOXbux represent a limited license right governed solely under the terms of this Agreement, and are not redeemable for any sum of money or monetary value from Numedeon, Inc. at any time. You agree that Numedeon, Inc. has the absolute right to manage, regulate, control, modify and/or eliminate such Currency as it sees fit in its sole discretion, and that Numedeon, Inc. will have no liability to you based on its exercise of such right.

SportsBLOX is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at Numedeon, Inc.'s sole discretion.

Numedeon, Inc. reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Numedeon, Inc. will not be liable for any interruption of the Service, delay or failure to perform, and you understand that except as otherwise specifically provided in Numedeon, Inc.'s billing policies, you shall not be entitled to any refunds of fees for interruption of service or failure to perform. Numedeon, Inc. has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Service as it sees fit in its sole discretion.

ACCOUNT REGISTRATION AND REQUIREMENTS

You must establish an account to use SportsBLOX, using true and accurate registration information.

You must establish an account with Numedeon, Inc. (your "Account") to use the Service, except for those portions of the Websites to which Numedeon, Inc. allows access without registration. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form ("Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may establish an Account with Registration Data provided to Numedeon, Inc. by a third party through the use of an API, in which case you may have a separate, additional account relationship with such third party. You authorize Numedeon, Inc., directly or through third parties, to make any inquiries we consider necessary to validate your Registration Data. Numedeon, Inc. reserves all rights to vigorously pursue legal action against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel Accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Numedeon, Inc. cannot guarantee the accuracy of any information submitted by any user of the Service, nor any identity information about any user.

You must be 13 years of age or older to access SportsBLOX.? Numedeon, Inc. cannot absolutely control whether minors or adults gain unauthorized access to the Service.

You must be at least 13 years of age to participate in the Service.

By accepting this agreement in connection with an Account, you represent that (i) you are at least 13 years of age; (ii) you have read and accept this Agreement; (iii) if you are under 18, your parent or legal guardian has consented to you having an Account and participating in the Service, and to providing your personal information for your Account; and (iv) if you are under 18, your parent or legal guardian has read and accepted this Agreement.

Some areas of SportsBLOX may be restricted to users over the age of 18 or 21.

Numedeon, Inc. cannot ensure that other users will not provide Content or access to Content that parents or guardians may find inappropriate or that any user may find objectionable.

You need to use an account name in SportsBLOX which is not misleading, offensive or infringing. You must select and keep secure your account password.

You must choose an account name to identify yourself to Numedeon, Inc. staff (your "Account Name"), which will also serve as the name for the graphical representation of your body in the Service (such representation, an "Avatar"). You may not select as your Account Name the name of another person to the extent that could cause deception or confusion; a name which violates any trademark right, copyright, or other proprietary right; a name which may mislead other users to believe you to be an employee of Numedeon, Inc.; or a name which Numedeon, Inc. deems in its discretion to be vulgar or otherwise offensive. Numedeon, Inc. reserves the right to delete or change any Account Name for any reason or no reason. You are fully responsible for all activities conducted through your Account or under your Account Name.

At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorizing the disclosure of, your password or from use by any person of your password to gain access to your Account or Account Name. At no time should you respond to an online request for a password other than in connection with the log-on process to the Service. Your disclosure of your password to any other person is entirely at your own risk.

Numedeon, Inc. may suspend or terminate your account at any time, without refund or obligation to you.

Numedeon, Inc. has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice or liability to you. In the event that Numedeon, Inc. suspends or terminates your Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Account, or for anything else.

You are responsible for your own Internet access.

Numedeon, Inc. does not provide Internet access, and you are responsible for all fees associated with your Internet connection.

 

LICENSE TERMS AND OTHER INTELLECTUAL PROPERTY TERMS

You have a nonexclusive, limited, revocable license to use SportsBLOX while you are in compliance with the terms of service.

Subject to the terms of this Agreement, Numedeon, Inc. grants to you a non-exclusive, limited, fully revocable license to use the SportsBLOX Software and the rest of the Service during the time you are in full compliance with the Terms of Service. Additional terms may apply to use of the APIs or other separate elements of the Service (i.e. elements that are not required to use the Viewer or the Servers); these terms are available where such separate elements are available for download from the Websites. Nothing in this Agreement, or on Numedeon, Inc.?s websites, shall be construed as granting you any other rights or privileges of any kind with respect to the Service or to any Content. You acknowledge that your participation in the Service, including your creation or uploading of Content in the Service, does not make you a Numedeon, Inc. employee and that you do not expect to be, and will not be, compensated by Numedeon, Inc. for such activities.

Numedeon, Inc. retains ownership of the account and related data.

You agree that you do not own the account you use to access the Service, nor do you own any data Numedeon, Inc. stores on Numedeon, Inc. servers (including without limitation any data representing or embodying any or all of your Content).

User Content Representations and Warranties.

By placing material on SportsBLOX, including but not limited to posting content or communications to any SportsBLOX chat room, bulletin board, forum, blogspace, message area, or posting text, images, audio files or other audio-visual content to the site ("User Content"), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these Terms of Service; and, (2) the User Content will not cause injury to any person or entity. Using a name other than your own legal name or SportsBLOX user ID in association with the submission of User Content is prohibited.

User Content License.

For all User Content you chat, post, upload, or otherwise make available ("Provide") to SportsBLOX, you grant SportsBLOX, its affiliates and related entities, including SportsBLOX and its affiliated Web sites, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Content, in any form, format, or medium, of any kind now known or later developed. Without limiting the generality of the previous sentence, you authorize Numedeon, Inc. to share the User Content across all Web sites, affiliated with Numedeon, Inc., to include the User Content in a searchable format accessible by users of SportsBLOX and other Numedeon, Inc. Web sites, to place advertisements in close proximity to such User Content, and to use your account ID, virtual world avatar likeness and any other information in connection with its use of the material you provide. You waive all moral rights with respect to any User Content you provide to SportsBLOX. You also grant Numedeon, Inc.? the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

User Content Screening and Removal.

You acknowledge Numedeon, Inc. and/or its designees may or may not pre-screen User Content, and shall have the right (but not the obligation), in their sole discretion, to move, remove, block, edit, or refuse any User Content for any reason, including without limitation that such User Content violates these Terms of Service or is otherwise objectionable.

User Content Assumption of Risk.

Numedeon, Inc. cannot and does not monitor or manage all User Content, and does not guarantee the accuracy, integrity, or quality of User Content. All User Content provided to SportsBLOX is the sole responsibility of the person who provided it. This means that you are entirely responsible for all User Content that you provide. To protect your safety, please use your best judgment when using SportsBLOX. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. You acknowledge and agree that if you make such disclosures either through posting on any bulletin board, forum, blogspace, message or chat area, or uploading text, images, audio files or other audio-visual content, in classified advertising you place or in other interactive areas, or to third parties in any communication, you do so fully understanding that such information could be used to identify you.

User Content Standards.

To the extent that portions of this Site provide users an opportunity to post and/or exchange information, ideas, and opinions ("Postings") in chatrooms and message boards ("Forums"), and via EMail, and in descriptions of users, please be advised that Postings do not necessarily reflect the views of Numedeon, Inc. Although we periodically monitor exchanged and posted information, in no event does Numedeon, Inc. assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on or in conjunction with this Site or elsewhere. Thus, users remain solely responsible for the content of their messages and postings. Nonetheless, Numedeon, Inc. will make reasonable efforts to ensure that the Forums serve the best interests of all users and, therefore, Numedeon, Inc. reserves the right to edit, delete, or refuse to post any Posting that violates these Terms and Conditions, as well as revoke the privileges of any user who does not comply with these Terms and Conditions. Numedeon, Inc. also reserves the right to contact any third party who may have an interest in preserving the safety of users (such as a school or law enforcement) regarding the content of any post and supplying identifying information regarding such poster to such third party. Please see the privacy policy.

You hereby understand and agree that Numedeon, Inc. does not allow user content, including but not limited to chat content, that:

• Contains copyrighted or other proprietary material of any kind without the express permission of the owner of that material.
• Contains materials created by someone else without their express written permission to do so
• Contains references to gambling, implies gambling activity, or facilitates gambling conduct
• Contains profanity, obscenities, or sexual content (express or implied)
• Contains slanderous, defamatory, obscene, pornographic, threatening and harassing suggestions, comments and/or images
• Contains defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community
• Contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature
• Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law
• Contains personal attacks on other people (individually or as a group)
• Violates the rights of Numedeon, Inc. or any third party
• Violates or encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance
• Contains private or personal information that might identify another user
• Contains links to third party commercial Web sites
• Contains content that Numedeon, Inc. deems, at its sole discretion, to be inappropriate for this site

Numedeon, Inc. prohibits the following in SportsBLOX:

• Account usernames that would be considered inappropriate under our Terms and Conditions
• Impersonation of others
• Solicitation of user passwords
• Use or attempts to use another's registration account, password, service, or system
• Use of "cheat" or "hack" programs or information or links to sites claiming to have these solicitations of user passwords
• Attempts to obtain unauthorized access to the Site or portions of the Site which are restricted from the general access
• Disruption or interference with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites
• Disruption or interference with with any other user;s enjoyment of the Site or affiliated or linked websites;
• Use of any robot, spider, other automatic device, or manual process to monitor or copy any page on the Site or content on the Site
• Transmission through or on this Site, chain letters, junk mail, spam or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings
• Promotions anywhere on Numedeon, Inc.'s SportsBLOX site offering prizes of any kind. Promotions include, but are not limited to, contests, raffles, lotteries or giveaways, and "anywhere on our site" includes but is not limited to all of Numedeon, Inc. SportsBLOX user communication areas, onsite profiles, virtual world chat rooms and web pages.
• Uploads or transmissions of viruses or other harmful, disruptive or destructive files, material or code.
• Spamming
• Solicitation of funds, endorsements, promotions, advertising
• Other behavior that Numedeon, Inc. deems, at its sole discretion, to be inappropriate for this site

You? may use SportsBLOX for noncommercial, entertainment purposes only. You are not permitted, without our express written approval, to distribute or otherwise publish any Postings containing any solicitation of funds, official and/or paid endorsements (including of a religious, political, sexual orientation, or social cause nature), promotions, or advertising (free or paid in), or solicitations of any kind or nature.

You (and your parents, if you're under age 18) hereby authorize us to use, and to authorize others to use, your Postings and submitted opinions and materials in whole or in part, throughout the universe in perpetuity in any form, medium, or technology (now known or hereafter developed or devised throughout the universe) alone or together or as part of other Materials of any kind or nature. Without limiting the foregoing, you hereby grant to Numedeon, Inc. the right to use and change the Postings in any manner that Numedeon, Inc. may determine.

 

DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NUMEDEON, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NUMEDEON, INC. ?DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NUMEDEON, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE WITH REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU (I.E., NOT NUMEDEON, INC.) ASSUME THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NUMEDEON, INC., ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY NUMEDEON, INC.OR ANY THIRD PARTY.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL NUMEDEON, INC.HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

ADVERTISING, THIRD PARTY HYPERLINKS, THIRD PARTY CONTENT

The appearance of external hyperlinks and/or other materials generated by third parties does not constitute an endorsement by Numedeon, Inc., its subsidiaries and affiliates, of the opinions or views expressed by these third party web sites. Numedeon, Inc.explicitly disclaims any responsibility for the accuracy, content, availability, currency, completeness or quality of the content contained at these sites. Further, Numedeon, Inc.is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Numedeon, Inc.nor its subsidiaries and affiliates are responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites

Numedeon, Inc.encourages discretion when browsing the Internet using anyone's service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, Numedeon, Inc.cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites. Thus, under no circumstances will Numedeon, Inc.be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites

Numedeon, Inc.cannot ensure that you will be satisfied with any products or services that you obtain from a third-party site that links to or from Numedeon, Inc., since such sites are owned and operated by third parties. Numedeon, Inc.does not endorse any of the merchandise or services, nor has Numedeon, Inc. taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. Numedeon, Inc. does not make any representations or warranties as to the security of any information (including without limitation, credit card and other personal information) you may be required to provide on a third-party site, and you hereby irrevocably waive any claim against Numedeon, Inc. with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Numedeon, Inc.never gives or sells e-mail addresses or other personal information supplied by its users to sponsors without permission, provided, however that if a user chooses to "opt-in" (click on a checkbox) for sponsor information, or to register with a sponsor, by doing so he has given permission to Numedeon, Inc.to transmit his personal information to that sponsor. Please make sure you review the Numedeon, Inc. privacy policy for all details regarding Numedeon, Inc. use of your personal information

ERRORS IN ADVERTISEMENTS

On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree Numedeon, Inc. is not responsible for such errors or discrepancies.

COMMUNICATIONS WITH THIRD PARTIES THROUGH SPORTSBLOX

Your dealings or communications through Numedeon, Inc.with any party other than Numedeon, Inc.are solely between you and that third party. For example, certain areas of SportsBLOX may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will Numedeon, Inc.be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be directed to the third party.

During your visit to SportsBLOX you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. Because Numedeon, Inc.has no control over third party sites and resources, you acknowledge and agree that Numedeon, Inc.is not responsible for the availability of external sites or resources, nor for the content, actions, or policies of those sites. Information you provide on such sites, including personal information and transactional information, is subject to the terms of service of those sites.

UNAUTHORIZED LINKS TO SITE

Numedeon, Inc. allows users to link their sites to the SportsBLOX homepage (http://www.sportsblox.com). However, by using this website, you specifically agree not to link to any pages within the sportsblox.com site without Numedeon, Inc.'s express written approval. If you do not receive such express written approval prior to linking to an internal page on sportsblox.com, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from linking to any internal pages from the sportsblox.com site.

DENIAL OF ACCESS

Numedeon, Inc., for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the SportsBLOX site. The sending of an e-mail notice by Numedeon, Inc. to any e-mail address used by a person who is subject to the denial shall constitute complete and sufficient notice of the denial. By agreeing to these Terms and Conditions, you agree to cease and desist immediately from any attempt to access the site upon issuance of a denial. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the SportsBLOX site.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Numedeon, Inc., its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by you. Numedeon, Inc. reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Numedeon, Inc. in asserting any available defenses.

FORCE MAJEURE

You agree that you shall not have any rights against Numedeon for any failure of performance due to causes beyond its reasonable control, including, without limitation, natural catastrophes; adverse weather conditions; governmental acts or omissions, laws or regulations; labor strikes or difficulties; suppliers' transportation stoppages or slowdowns; third party mechanical failures; fire; explosions; interruption or failure of telecommunications or digital transmission links; internet failures or delays; or the inability to procure parts or materials.

MISCELLANEOUS

You acknowledge and agree that you are not permitted under any circumstances or for any reason to cheat or utilize third-party games or code in order to win at, or gain points in any SportsBLOX game. You agree not to design, disseminate or use any third party programs designed to change the game play on the site including, but without limitations, programs such as autobuyers, flash game cheats, autofreshers, and snipers. Any use, dissemination or design of such programs is a breach of these Terms you will be responsible for any resulting damages to Numedeon, Inc. You agree that if you disseminate, design or assist in the design of a third party program that changes the game play on SportsBLOX, you will pay Numedeon, Inc. liquidated damages in the sum of Fifty Thousand Dollars for each such program as liquidated damages. You agree that if you use such a program on the sportsblox.com website, you will pay Numedeon, Inc. liquidated damages in the sum of Five Hundred Dollars for each time you use a program.

Numedeon, Inc. operates and controls the Site from its offices in Pasadena, California, in the United States of America. Numedeon, Inc. makes no representation that the Site is appropriate or available in other locations. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list

These Terms and Conditions contain the entire understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Numedeon, Inc. if, in our sole discretion, you fail to comply with any term or provision of these Terms and Conditions. Upon such termination, you must destroy all Materials obtained from this Site (or any other web site or source), and all copies thereof, whether or not made under the terms of this Agreement.

If any provision of these Terms and Conditions is found to be illegal or unenforceable, the Terms and Conditions will be curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.

The Terms and Conditions and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of California applicable to contracts executed and performed entirely therein (without regard to any principles of conflicts of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms and Conditions or the site shall be filed only in the state or federal courts located in the County of Los Angeles, in the State of California. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.