Legal

QUICK HIT, INC.
TERMS OF SERVICE

These Terms of Service (TOS) are a legal agreement by and between the individual end user (user or you) and Quick Hit, Inc. (Quick Hit, we or us), a Delaware corporation with its principal offices at 16 Chestnut Street, Foxboro, Massachusetts 02035, U.S.A. for: (1) all of the internet websites of Quick Hit and its affiliates, including, but not limited to, www.quickhit.com, and any other internet websites on which the TOS is posted (QH Sites) and (2) the online sports game currently known as Quick Hit Football™, inclusive of any and all updates, patches, modifications or expansions we may make available from time to time, reproductions and derivative works (QHF). The TOS contains important information about the QH Sites and QHF and with the Rules of Conduct below, and the End User License Agreement (EULA) incorporated by reference herein, sets forth the terms and conditions under which you are authorized to use the QH Sites and QHF (collectively, the Online Service).
By clicking the “I AGREE” box during account creation, registration, or installation or otherwise using the Online Service, you represent and warrant that you are either: (1) at least the age of majority in the jurisdiction of your domicile, or (2) at least 13 years of age but have obtained the consent of your parent or legal guardian, and agree to be bound by the terms and conditions of the TOS. If you do not agree to the TOS, you are not authorized to use the Online Service. You should read the TOS carefully before using the Online Service. Note that other terms apply to specific transaction and services offered by Quick Hit as part of the Online Service, including, but not limited to, micro-transactions, retail transactions, premium services or subscription-based services, or other features, such as the forums or other communication tools. Such other terms may be posted in connection with the applicable transactions, services or features and you must agree to such other terms before proceeding with such transactions, services or features. Quick Hit may add new transactions, services or features for additional fees and charges, or amend the fees and charges for existing transactions, services or features at any time in its sole and absolute discretion.
1. QUICK HIT ACCOUNTS.
You may be prompted and/or required to create an account to use certain features of the Online Service (Account). You must accept the Privacy Policy which is posted at http://www.quickhit.com/legal/privacy and incorporated by reference herein, in order to create an Account. You agree to provide, maintain and update as needed accurate, complete and current information as prompted by our registration processes or other aspects of the Online Service, including, but not limited to, a username, password, e-mail address and for certain aspects of the Online Service, other personal information, for example, credit card data (Account Data).
You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including Quick Hit, and not to use another user’s Account Data or any other person's name or likeness when providing Account Data or accessing the Online Service. You agree that you will not use any automatic means (e.g., robot, spider or other device) to provide Account Data or otherwise use the Online Service. You further agree not to avoid, circumvent or otherwise attempt to defeat any security measures we use in connection with the Online Service, including, but not limited to, CAPTCHA.
You authorize us, directly or through third parties, to make any inquiries necessary to validate your Account Data in our sole and absolute discretion. Notwithstanding the foregoing, you acknowledge that we cannot guarantee the accuracy of Account Data or any other information submitted by any user of the Online Service, including a user’s actual identity. You agree that you are solely responsible for maintaining the accuracy and security of your Account Data. You agree that you are responsible for all activities on the Online Service, including any purchases made through the Quick Hit Store and related fees and charges incurred, including applicable taxes, by you or anyone using your Account either with or without your knowledge. You further agree to promptly notify us of any unauthorized use of your Account or any other breach of security that you become aware of involving or relating to the Online Service. Although we will take these reasonable and appropriate measures to ensure that your Account Data is secure, Account Data you provide could be intercepted during transmission or otherwise and therefore we cannot guarantee the security of your Account Data.
YOU MAY NOT TRANSFER, SELL, GIFT, EXCHANGE, BUY, BARTER OR AUCTION YOUR ACCOUNT FOR “REAL WORLD” CURRENCY GOODS, SERVICES, OR OTHER ITEMS OF MONETARY VALUE ANY SUCH ATTEMPT SHALL BE NULL AND VOID.
We may suspend or terminate your Account(s) at any time and/or your ability to use the Online Service if you do not, or if we have reason to believe that you will not, comply with the TOS, inclusive of the Rules of Conduct, the EULA, Privacy Policy or for any other reason.
2. QUICK HIT OWNS THE ONLINE SERVICE.
Quick Hit and/or its licensors, as applicable, own all right, title and interest in and to the Online Service (including, but not limited to, all Accounts, User Content and Virtual Goods, and inclusive of any images, photographs, animations, artwork, locations, structural or landscape designs, concepts, teams, coaches, players and their respective names and logos, coaching points, fantasy points, including any inventory of the same, plays, dialog, themes, titles, stories, video, audio, voice-overs, audio-visual effects, sounds, music and musical compositions, recordings, text, applets, methods or systems of operation, or any source or object code incorporated into the Online Service by us or our employees, contractors, representatives or agents, including any moral rights thereto), and any related documentation and accompanying printed materials.

The Online Service and any copies and/or derivative works thereof are, or will be deemed to be, protected by all applicable copyright, trademark, trade dress, patent, trade secret and/or other proprietary and intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction or treaty. You acknowledge and agree that all right, title, and interest in and to the Online Service, including all applicable copyright, trademark, trade dress, patent, trade secret, and/or other proprietary and intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction or treaty, is, and will at all times remain, the sole and exclusive property of Quick Hit (as between you and Quick Hit) and to the extent that the Online Service contains materials licensed by third parties, its licensors All rights not expressly granted are reserved by us, or to the extent applicable, our licensors. You do not acquire any ownership rights by using the Online Service, including for the avoidance of doubt, by purchasing any Virtual Goods (as defined herein).
3. USING QUICK HIT’S ONLINE SERVICE.
Subject to your agreement to and ongoing compliance with the TOS, inclusive of the Rules of Conduct below, and the EULA incorporated by reference herein, you may use the Online Service for your own non-commercial entertainment purposes. You may not use the Online Service for any other purpose.
You acknowledge and agree that an internet connection and a personal computer and/or other equipment are required to use the Online Service. You further acknowledge and agree that you are solely responsible for all fees and costs you incur with respect to your internet connection and personal computer and/or other equipment. We recommend using a personal computer meeting the following minimum specifications, which we may update from time to time in our sole and absolute discretion: 2 GHZ (single core) processor, 2 GB RAM and 3 MBPS Bandwidth.
You acknowledge and agree that both you and other users may be able to provide information, data, text, messages, ideas, opinions, essays, articles, blogs, links, concepts, pitches, suggestions, stories, screenshots, treatments, formats, artwork, graphics, photographs, drawings, videos, audiovisual works, musical compositions, lyrics, sound recordings, characterizations, software, your and/or other persons' names, likenesses, voices, team/player names, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials, whether in verbal, written, electronic, digital, machine-readable or some other form whether now or later known (collectively User Content) by uploading, transmitting, submitting, posting, generating, embedding, displaying, creating, communicating, or otherwise distributing such User Content on or through the Online Service (Submit(s)).
We are not responsible for any User Content you, or any other user, Submits, including any errors or omissions in User Content, or any loss or damage of any nature whatsoever incurred as a result of any User Content. You understand that you may be exposed to User Content that you find inaccurate, offensive, or otherwise objectionable. If you find certain User Consent objectionable or in violation of the TOS, inclusive of the Rules of Conduct, we encourage you report it by visiting http://support.quickhit.com or by sending an e-mail to support@quickhit.com.
Quick Hit has no obligation to monitor, screen, edit, modify, block or otherwise remove any User Content, except as set forth herein or as required by applicable law. Notwithstanding the foregoing, we reserve the right, to monitor, screen, edit, modify, block and otherwise remove any User Content for any reason at any time in our sole and absolute discretion.
Quick Hit respects the rights of others. You represent and warrant that you have the legal right to all User Content you Submit and are either the owner of such User Content or have the express prior written approval of the owner(s) of such User Consent. You further represent and warrant that all User Content you Submit does not, and will not: (a) infringe any copyright, trademark, trade dress, patent, trade secret, or any other proprietary or intellectual property right of any third party as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction or treaty, (b) be vulgar, violent, sexually explicit, profane, pornographic, obscene, indecent, or otherwise offensive, (c) threaten, stalk, ridicule, mock, libel, intimidate, harass, disparage, defame, abuse or otherwise mistreat or bring unwanted attention to other users; (c) violate the legal rights of any third party, including any actual or claimed rights of privacy and publicity, authorship or moral rights, or any obligations of confidentiality or of a fiduciary nature you owe to any third party; (d) incite violence, hate, or discrimination towards one person or a group because of their race, national origin, gender, sexual preference, religion or handicap, or insult the victims of crimes against humanity by contesting the existence of those crimes; (e) contain any worms, viruses, utilities, trojan horses, time bombs, spyware, malware, macros, keystroke loggers, corrupted files, cancel bots, bots, or any other similar software or programs that may undermine, damage, or interfere with the Online Service or surreptitiously mine, intercept or collect any system or user information; (f) restrict or inhibit any other user from using and enjoying the Online Service as intended; (g) violate any applicable law or regulation or encourage or advocate illegal activity; or (h) otherwise violate the Rules of Conduct.
You further expressly acknowledge and agree that all right, title and interest in and to all User Content is, and will at all times remain, the sole and exclusive property of Quick Hit (as between you and Quick Hit). To the extent that you are deemed to have any right, title or interest in the User Content (or any portion thereof) under applicable law, you hereby assign any such right, title or interest to Quick Hit in perpetuity (or for the duration of the legal protection afforded the content under applicable law), without additional consideration, under applicable copyright, trademark, trade dress, patent, trade secret, and/or any other proprietary and intellectual property laws, including, but not limited to, the right to display, exploit, perform and use the content for any and all legal purposes, inclusive of all copies and derivative works thereof, and/or to incorporate the User Content in other works in any form, media, or technology now known or later developed. To the extent the foregoing assignment is deemed ineffective, you hereby grant to Quick Hit, its successors and assigns, an exclusive, fully paid-up, irrevocable, sublicensable, transferable, worldwide license to display, exploit, perform and use the User Content for any and all legal purposes, inclusive of all copies and derivative works thereof, and/or to incorporate the content in other works in any form, media, or technology now known or later developed. To the extent permitted under applicable law, you hereby waive any moral rights and/or rights of authorship you may have and any and all rights of privacy and/or publicity in the User Content (or any portion thereof). You agree to execute any and all agreements or other written instruments which may be required to give full effect to the above assignment, license or waiver, as may be applicable.
4. QUICK HIT’S VIRTUAL GOODS.
We may offer specific transactions, services or features for a fee or other charge, such as the sale of fictional “virtual” currency, including, but not limited to, coaching points, Quick Hit Cash, coins, cash or other credits that may be purchased for “real world” money (Virtual Currency) or the sale of “virtual” items, including, but not limited to, players, coaches, stadiums and upgrades, equipment, consumable items, buffs, cards, plays and playbooks, vanity items, and skills that may be purchased for “real word” money or “virtual” currency (Virtual Items) from the Quick Hit Store (collectively Virtual Goods).
We may sell Virtual Goods for a fee or other charges or we may distribute Virtual Goods without charge for promotional or any other purposes, in our sole and absolute discretion. Regardless of whether or not you pay a fee or other charge, you acknowledge and agree that you have no right, title or interest in and to such Virtual Goods. Subject to your continued compliance with the terms and conditions of the TOS, inclusive of the Rules of Conduct, and the EULA, Quick Hit grants you a limited, non-exclusive, non-transferable, revocable license to use the Virtual Goods solely in connection with the Online Service for your own non-commercial entertainment purposes. YOU MAY NOT TRANSFER, SELL, GIFT, EXCHANGE, BUY, BARTER OR AUCTION VIRTUAL GOODS FOR “REAL WORLD” CURRENCY GOODS, SERVICES, OR OTHER ITEMS OF MONETARY VALUE ANY SUCH ATTEMPT SHALL BE NULL AND VOID.
We reserve the right to modify Virtual Goods at any time and for any reason, including Virtual Goods already sold or distributed, including, but not limited to, name, picture, icon, visual appearance, value, denomination, usefulness, rarity, power, strength, and importance. We further reserve the right to control, regulate, manage and/or eliminate Virtual Goods at any time in our sole and absolute discretion, and in the event that we exercise such right in a general (i.e., applying to all users) or specific (i.e., applying to an individual or group of users) manner, we will have no liability to you.
5. QUICK HIT STORE POLICIES.
We only accept payment at the Quick Hit Store denominated in United States Dollars (USD). We accept credit card and debit card payments through Visa, MasterCard, American Express, and Discover cards. We also accept payments through PayPal. We will charge state and local sales taxes if and to the extent required by the jurisdiction of the “bill to” address at the rates in effect at the time of purchase.
The fees or other charges associated with the purchase of any products and/or services, including, but not limited to, Virtual Goods, are set forth in the Quick Hit Store and by submitting an order, you agree: (a) to the pricing, payment and billing policies applicable to such fees and charges as set forth herein and/or posted when you consummate transaction (collectively Store Policies), (b) you are the age of majority in the jurisdiction of your domicile (or, if you are a minor, your parent and/or legal guardian has (i) accepted the TOS, inclusive of the Rules of Conduct, and the Store Policies on your behalf, and (ii) submitted all Account Data for transaction), (c) your use the credit card or other payment method provided is authorized, and (d) to pay all fees and other charges you incur, which may include recurring fees or charges.
Once you submit an order to purchase any products and/or services, including, but not limited to, Virtual Goods, from the Quick Hit Store, you authorize us to automatically charge your credit card, debit card or other payment method at the time you submit your order for the applicable fees or other charges, plus any applicable taxes. To the extent that you have purchased a subscription or like recurring service, you authorize us to automatically charge your credit card, debit card or other payment method at the specified intervals. If we are unable to process your credit card, debit card or other payment method, your subscription or like recurring service may be automatically terminated.
Once an order is submitted, it cannot be cancelled for any reason, except for orders for subscriptions or like recurring services may be cancelled at least five (5) business days before the next specified interval. In the event that you cancel a subscription or like recurring service, we will not refund any fees or charges you already paid.
We reserve the right to refuse any order or to limit or cancel orders in whole or part per user or per order, including, but not limited to, orders using the same credit or debit card, or orders that use the same billing address. If we limit or cancel an order submitted by a user, we will generally attempt to notify the user via the e-mail address we have on record for such user’s Account. We further reserve the right to limit, cancel or prohibit orders submitted by users who appear to be banned users or users who we believe are attempting to accrue Virtual Goods for resale, distribution, or other activities prohibited by the TOS, inclusive of the Rules of Conduct, and applicable laws.
All sales of Virtual Goods are final. No refunds will be made for purchases of Virtual Goods for any reason, including, but not limited to, the suspension or termination of your Account for a violation of the TOS, inclusive of the Rules of Conduct, and/or the EULA or our cessation of the Online Service at any time in our sole and absolute discretion. The sales of other goods and services (e.g., merchandise) are also final, except as otherwise specifically provided at the time of purchase from the Quick Hit Store.
For assistance with your order, you may reach Quick Hit Customer Support by visiting http://support.quickhit.com or by e-mail at support@quickhit.com.
Virtual Goods in your shopping cart will always reflect the current price. Note that this price may differ from the price shown for such Virtual Good(s) when first placed in your shopping cart. Prices are not reserved until and unless you submit an order and we successfully process the transaction. In other words, it is possible that a price may increase or decrease between the time you add it to your shopping cart and the time you submit an order and we successfully process the transaction. We may change our prices from time to time, at any time, with or without notice to you, in our sole and absolute discretion. We may offer discounts and special, limited time offers from time to time, in our sole and absolute discretion, subject to applicable laws. Offers are valid while supplies last.

Quick Hit is not responsible for typographical errors. No Quick Hit employee, contractor, representative, agent, licensee, or distributor is authorized to modify, amend or waive any Store Policies.
6. QUICK HIT NOT RESPONSIBLE FOR THIRD PARTY WEBSITES.
The Online Service may contain offers, messages, advertising or other actionable content that links to third party websites. We are not responsible for the availability or content of such third party websites and the fact that we link to such third party websites is not an endorsement, authorization or affiliation. We are not responsible or liable for any products, services or other materials on or available from such third party websites or for any damages, losses, costs and expenses caused or alleged to be caused by, related to or otherwise associated with such third party websites.

Note that third party websites may require you to disclose personally identifiable information in order for you to access their products, services or other materials. We encourage you to review the privacy policy of all third party websites before you disclose any personally identifiable information. If you decide to disclose personally identifiable information, your information will be the subject to that third party website’s privacy policy. We are not responsible for any third party website’s privacy policy and security practices and shall have no liability regarding the same.
7. QUICK HIT PROMOTIONS.
We may offer promotions to users from time to time as part of the Online Services, including, but not limited to contests and other games of skill, including tournaments or challenges, or sweepstakes and other giveaways (each a Promotion, collectively Promotions). In addition to the TOS and the terms and conditions set forth below, you also agree to the Official Rules for each such Promotion (Official Rules).
NO PURCHASE IS NECESSARY TO ENTER OR WIN ANY QUICK HIT PROMOTION. Unless otherwise specified in a Promotion’s Official Rules, Promotions are only open to legal residents of any state in the United States of America or the District of Columbia who are the age of majority in the jurisdiction of their domicile as of the starting date for such Promotion and registered users of the Online Service who have a current Account in good standing with Quick Hit. Quick Hit’s directors, officers, employees, contractors, representatives, agents, licensors, licensees, distributors, suppliers, parents, affiliates, successors or assigns and any other party who has been involved in the creation, development, production, promotion, marketing, hosting or operation of the Promotion and their respective family members are not eligible to participate in and/or win any prizes under any Promotion. Promotions are void where prohibited by applicable law.
The odds of winning a prize in a Promotion depend on the number of eligible users who compete, participate or perform the skills or tasks specified in the Official Rules on the designated date and within the designated time frame and/or the number of eligible users who enter a Promotion, register for the Online Service or log-in as specified in the Official Rules. Any time specified is in Eastern Standard Time as measured by Quick Hit.
We will notify eligible users who have been selected as prize winners in a Promotion via the e-mail address we have on record for such user’s Account. Users and/or selected winners are solely responsible for updating their e-mail address or other pertinent Account Data. We are not responsible for late, lost, misdirected or undeliverable prize notifications. We may verify the eligibility of all selected winners before awarding any prizes. If a selected winner cannot be contacted for any reason, is determined to be ineligible, fails to respond to a prize notification, or where required to do so, fails to complete and return a Waiver and Release within five (5) business days or such other time frame specified by Quick Hit, such selected winner forfeits his/her prize. If a prize is forfeited, Quick Hit may choose select an alternate winner or no winner at all. In the event of a tie in a Promotion, Quick Hit may randomly choose a winner. In the event of a dispute about who submitted an entry to a Promotion, Quick Hit will deem the user who provided the e-mail address when creating his/her Account to be the winner. All decisions with respect to any Promotions will be made by Quick Hit in its sole and absolute discretion and are final and binding.
Prizes, if any, are not redeemable for cash. No assignment, transfer or substitution of a prize is permitted; however, Quick Hit may substitute prize(s) of equal or greater value. Lost or stolen prizes cannot be replaced. Any and all federal, state, and local taxes are the sole responsibility of the winners. Unless otherwise specified in a Promotion’s Official Rules, limit one (1) prize per eligible user (per valid e-mail address). Cash prizes will be fulfilled in the form of checks made out to the winner denominated in United States Dollars.
By executing a Waiver and Release and accepting a prize, each winner expressly authorizes Quick Hit to identify the winner, post the winner’s name on a winner’s list and to use the winner’s name, including screen name, any other biographical information, including city and state of residence, and any image uploaded and/or created in connection with the Online Service or the Promotion, winning entry, and statements such winner made in connection with the Promotion in and on the Online Service without notification or compensation.
Quick Hit is not responsible for lost, late, undeliverable, incomplete, illegible, or misdirected entries, or for any computer, online or technical malfunctions that may occur, including, but not limited to, interruptions or delays in operation, failure to receive an entry or properly account for an eligible users’ number of games played, points scored or win/loss percentages, computer hardware, software or telecommunications failures, traffic on the internet or the inaccurate transmission of data or any combination thereof or any damage to a user’s computer as a result. Automated tools (e.g., machines, computer, and scripts) may not be used to participate in a Promotion and any results will be discarded. Automated entries (e.g., sweepstakes services, macros) will not be accepted.
You agree to release and hold harmless Quick Hit and its directors, officers, employees, contractors, representatives, agents, licensors, licensees, distributors, suppliers, parents, affiliates, successors or assigns and any other party who has been involved in the creation, development, production, promotion, marketing, hosting or operation of the Promotions from and against any and all losses, damages, rights, claims, and actions of any kind arising in connection with their participation in any Promotion or resulting from acceptance, possession, or use or misuse of any prize, including, but not limited to, personal injury, death, and property damage as well as claims based on publicity rights, defamation, or invasion of privacy.
Unless otherwise specified in a Promotion’s Official Rules, the Sponsor of all Promotions is Quick Hit, Inc., 16 Chestnut Street, Foxboro, MA 02035 U.S.A. To request a copy of the Official Rules send a self-addressed stamped envelope to the Sponsor, Attn: Promotions. For the names of the winners, send a self-addressed, stamped envelope to the Sponsor, Attn: Promotions. Vermont residents may omit return postage. Requests for winner’s lists must be received within thirty (30) days following the end date of the Promotion as specified in the Official Rules, except where prohibited by law.
All Promotions, inclusive of any and all related methodologies, graphics, designs, content and other materials, are the sole and exclusive property of Quick Hit and/or its licensors, as applicable. Any commercial re-use of any materials relating to any Quick Hit Promotion or any reproduction or adaptation thereof without our prior written permission is expressly prohibited. All federal, state, and local laws and regulations apply. The laws of the Commonwealth of Massachusetts apply to and govern all Promotions and any claims in connection herewith must be raised and resolved in the appropriate court having jurisdiction over Suffolk County, Massachusetts.
Quick Hit reserves the right to disqualify any user who, in its sole and absolute discretion, has circumvented or attempted to circumvent the TOS or a Promotion’s Official Rules and to render void any subsequent entry or bar future participation in any Promotion by such user. Quick Hit further reserves the right to cancel any Promotion, in whole or in part, at any time without notice, without liability.
8. QUICK HIT MONITORS THE ONLINE SERVICE.
You expressly acknowledge and agree that you have no expectation of privacy when using the Online Service. You expressly waive any claims and/or rights of confidentiality you may have in or to Account Data, User Content and/or Virtual Goods. We reserve the right to identify any user to third parties and/or disclose to third parties any Account Data, User Content and/or Virtual Goods when and if we have a good faith belief that such identification or disclosure will (i) facilitate compliance with laws, including, for example, in connection with a court order or subpoena, (ii) help to enforce the TOS, inclusive of the Rules of Conduct, and/or (iii) protect the safety or security of any person or property, including the Online Service.
9. QUICK HIT OWNS UNSOLICITED IDEAS AND FEEDBACK.
While we like to hear from our users and welcome your feedback on our products and/or services, including suggestions and comments regarding your experiences, overall impressions and usability (collectively, Feedback), we do not accept or consider unsolicited ideas, notes, drawings, specifications, concepts, original materials or any other submissions including, but not limited to, ideas for new, improved, enhanced or otherwise modified features or functionality for our products and services, inclusive of the QH Sites and QHF (Ideas). Our goal is to avoid any misunderstandings or disputes if our products and/or services, whether now or later offered, seem similar to any Ideas.
To the extent you send us Ideas despite the foregoing prohibition or any Feedback, you hereby agree that your Ideas and/or Feedback will automatically become our property, without any compensation or other consideration to you, and that we can use such Ideas and/or Feedback for any purpose whatsoever, including, but not limited to, for commercial exploitation and you hereby assign any and all title, right and interest in and to such Ideas and/or Feedback to us in perpetuity, including any proprietary and/or intellectual property rights of every kind and nature (or the extent that such assignment is deemed ineffective, you hereby grant us an exclusive, fully paid-up, irrevocable, sublicensable, transferable, worldwide license to display, exploit, perform and use the Ideas and/or Feedback for any purpose whatsoever in perpetuity).
You acknowledge and agree that all Ideas and/or Feedback you provide to us will be deemed non-confidential. You also waive and hereby release us from any and all claims that our use of such Ideas violates any of your rights, including, but not limited to, moral rights, authorship, privacy rights, rights to publicity, any proprietary and/or intellectual property rights or rights to credit for the Ideas and/or Feedback.
10. NOTIFYING QUICK HIT OF CLAIMED COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act, as codified in Title 17 U.S.C. Section 512(c) and amended from time to time (DMCA) provides copyright holders with a mechanism for asserting their rights if they believe that their protected materials have been copied and/or made accessible via the Online Service in a manner that constitutes copyright infringement. As a “service provider,” any notification of claimed copyright infringement must be sent to our “designated agent” by mail, facsimile or e-mail:
Name: General Counsel
Address: Quick Hit, Inc.
16 Chestnut Street
Foxboro, MA 02035 U.S.A.
Telephone: (508) 340-4606
Facsimile: (508) 543-1514
E-mail: legal@quickhit.com

Note that the above e-mail is intended solely for the receipt of notifications under the DMCA and not for general inquiries or any other type of requests. For customer support, you may contact Quick Hit by visiting http://support.quickhit.com ,or by e-mail at support@quickhit.com. For all other correspondence, contact us via the Quick Hit website at www.quickhit.com/corporate/contact.
To be effective, a notification of claimed copyright infringement must be a written communication to the service provider’s designated agent and include the following:
• a physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• 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;
• 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 us to locate the material;
• information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• 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
• 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.
Note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that materials copied and/or made accessible via the Online Service are copyright infringing.
Upon receiving a proper notification of claimed copyright infringement, we will remove and/or disable access to the allegedly infringing materials and notify the alleged infringer of your claim. Note that the alleged infringer may respond to your claim by sending a counter-notification to our designated agent a as set forth in the DMCA.
We may give notice that we have removed and/or disabled or restored access to allegedly infringing materials by means of a general notice via the Online Service, by electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records, if any.
In accordance with the DMCA and other applicable law, we will suspend the Accounts and/or terminate access to the Online Service of users who are repeat infringers. We may also suspend the Accounts and/or terminate access to the Online Service of users who infringe any intellectual property rights of others, whether or not there is repeated infringement, or otherwise violate or we believe intend to violate the TOS, inclusive of the Rules of Conduct, or for any other reason in our sole and absolute discretion.
11. QUICK HIT NOTICES.
You agree that we may communicate with you via the e-mail address you provided when creating your account regarding any subject related to the Online Service, the TOS, inclusive of the Rules of Conduct, the EULA, the Privacy Policy and/or any other related agreements between us. Quick Hit may amend the TOS, inclusive of the Rules of Conduct, the EULA, and the Privacy Policy at any time in its sole and absolute discretion except as limited by applicable law. Any amendments to the TOS, inclusive of the Rules of Conduct, the EULA and/or and the Privacy Policy shall be effective upon your first use of the Online Service after Quick Hit makes such amendments available to you, including, but not limited to, by posting such amendments on our website at http://www.quickhit.com/legal. We recommend that you regularly review the TOS, inclusive of the Rules of Conduct, the EULA and/or the Privacy Policy available at http://www.quickhit.com/legal/tos, http://www.quickhit.com/legal/eula, and http://www.quickhit.com/legal/privacy respectively.
12. QUICK HIT MAKES NO WARRANTIES; HAS LIMITED LIABILITY.
THE ONLINE SERVICE IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS ONLY. QUICK HIT DOES NOT WARRANT THAT THE ONLINE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT YOU WILL BE ABLE TO ACCESS OR USE THE ONLINE SERVICE AT ANY TIME OR IN ANY GEOGRAPHIC AREA, OR THAT THE ONLINE SERVICE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. THE ONLINE SERVICE MAY CONTAIN CERTAIN BUGS WHICH MAY CAUSE LOSS OF DATA, DAMAGE OR MALFUNCTION TO YOUR PERSONAL COMPUTER AND/OR OTHER EQUIPMENT FROM WHICH IT HAS BEEN USED.

QUICK HIT (AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, LICENSORS, LICENSEES, DISTRIBUTORS, SUPPLIERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS) DOES NOT MAKE ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE ONLINE SERVICE. ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE ONLINE SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL QUICK HIT (AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, LICENSORS, LICENSEES, DISTRIBUTORS, SUPPLIERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS AND ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, DEVELOPMENT, PRODUCTION, PROMOTION, MARKETING, HOSTING OR OPERATION OF THE ONLINE SERVICE) BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY REASON WHATSOEVER, INCLUDING NEGLIGENCE, FOR ANY CONTRACT, CONSEQUENTIAL (INCLUDING INTERRUPTION, LOST DATA, LOST PROFITS OR ANY OTHER PECUNIARY LOSS), DIRECT, EXEMPLARY, GENERAL, INCIDENTAL, INDIRECT, PERSONAL INJURY (INCLUDING DEATH), PROPERTY, PUNITIVE, SPECIAL, TORT DAMAGES OR ANY OTHER DAMAGES OF ANY OTHER KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, LOSSES ARISING OUT OF OR IN CONNECTION WITH THE ONLINE SERVICE OR ANY FAILURE OR DELAY TO PROVIDE ACCESS TO THE ONLINE SERVICE, LOSSES TO USER TEAMS, PLAYERS, COACHING POINTS, FANTASY POINTS, STATISTICS, LEADER BOARD RANKINGS, VIRTUAL GOODS AND ACCOUNTS, OR THE CONDUCT OR ACTIONS, WHETHER ONLINE OF OFFLINE, OF ANY OTHER USERS OF THE ONLINE SERVICE, EVEN IF QUICK HIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
QUICK HIT’S (AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, LICENSORS, LICENSEES, DISTRIBUTORS, SUPPLIERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS AND ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, DEVELOPMENT, HOSTING, MARKETING, OPERATION, PRODUCTION OR PROMOTION OF THE ONLINE SERVICE) ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY WHERE NO EXCLUSIVE REMEDY HAS BEEN PROVIDED, AND YOUR SOLE ALTERNATE REMEDY SHOULD ANY EXCLUSIVE REMEDY HEREUNDER FAIL OF ITS ESSENTIAL PURPOSE UNDER ANY PROVISION OF THE TOS SHALL BE LIMITED TO THE GREATER OF: THE FEES, IF ANY, PAID BY YOU FOR USE OF THE ONLINE SERVICE OVER THE SIX (6) MONTH PERIOD PRECEDING THE CLAIM FOR DAMAGES OR ONE UNITED STATES DOLLAR (USD$1.00).
THE DISCLAIMERS AND LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
13. YOUR INDEMNIFICATION OF QUICK HIT.
YOU EXPRESSLY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS QUICK HIT (AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, LICENSORS, LICENSEES, DISTRIBUTORS, SUPPLIERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS) FROM AND AGAINST ANY CLAIM, LIABILITY, LOSS, INJURY, DAMAGE, COST OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) (COLLECTIVELY, CLAIMS) INCURRED BY QUICK HIT RELATED TO OR ARISING OUT OF YOUR BREACH OF THE TOS, INCLUSIVE OF THE RULES OF CONDUCT, AND/OR YOUR USE OF THE ONLINE SERVICE. YOU EXPRESSLY AGREE TO USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY SUCH CLAIMS. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIMS.
14. DISPUTES.
If you have a complaint about the Online Service, including, but not limited to a user’s violation of the TOS, inclusive of the Rules of Conduct, you agree to contact Quick Hit customer support by visiting http://support.quickhit.com or by e-mail at support@quickhit.com and attempting to resolve such complaint before taking any formal legal action.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THE TOS OR THE ONLINE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS, OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. YOU FURTHER AGREE THAT: (1) YOU MAY NOT SEEK OR UTILIZE ANY CLASS ACTION PROCEDURES IF YOU HAVE A COMPLAINT OR CAUSE OF ACTION AGAINST QUICK HIT OR OTHERWISE RELATED TO THE ONLINE SERVICE, OR (2) YOU MAY NOT BRING A COMPLAINT OR CAUSE OF ACTION ON BEHALF OF ANY OTHER USER OR IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE PUBLIC GENERALLY AGAINST QUICK HIT OR OTHERWISE RELATED TO THE ONLINE SERVICE. THE LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Users who are residents of the State of California may be entitled to the following information under applicable California law, including, but not limited to, Section 1789.3. Quick Hit, Inc. is located at 16 Chestnut Street, Foxboro, Massachusetts 02035 U.S.A. The fees and charges for the Online Service vary depending on the products and/or services selected by you. If you have a complaint about the Online Service, you may contact Quick Hit customer support by visiting http://support.quickhit.com or by e-mail at support@quickhit.com . You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 “R” Street, Sacramento, California 95814 or by calling 1-800-952-5210.
15. EXPORT CONTROLS.
The Online Service may not be exported or re-exported into any country to which the U.S. has embargoed software, or to anyone on a prohibited list published by the U.S. government. You represent and warrant that you are not located in or a national or resident of any country on such lists.
16. IMPORTANT WARNING.
WARNING CONCERNING THE RISKS OF EPILEPTIC SEIZURES AND THE PRECAUTIONS TO TAKE WHEN USING A VIDEO GAME – READ BEFORE WATCHING OR PLAYING. CERTAIN INDIVIDUALS MAY EXPERIENCE EPILEPTIC SEIZURES OR LOSS OF CONSCIOUSNESS WHEN EXPOSED TO CERTAIN VISUAL IMAGES, INCLUDING FLASHING LIGHTS OR PATTERNS THAT MAY APPEAR IN VIDEO GAMES. THESE INDIVIDUALS MAY EXPERIENCE WHAT ARE CALLED “PHOTOSENSITIVE EPILEPTIC SEIZURES” WHILE WATCHING OR PLAYING VIDEO GAMES. THIS MAY BE EXPERIENCED BY INDIVIDUALS WHO HAVE NO HISTORY OF SEIZURES OR EPILEPSY. IF YOU EXPERIENCE SYMPTOMS LINKED TO AN EPILEPTIC CONDITION (SEIZURES OR DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, AND INVOLUNTARY MOVEMENT OR CONVULSIONS) IN THE PRESENCE OF LIGHT STIMULATIONS, IMMEDIATELY DISCONTINUE USE AND CONSULT YOUR DOCTOR BEFORE WATCHING OR PLAYING VIDEO GAMES.

ALL USERS SHOULD FOLLOW THESE PRECAUTIONS WHEN WATCHING OR PLAYING VIDEO GAMES: (I) AVOID PLAYING IF YOU ARE TIRED OR IF YOU LACK SLEEP; (II) ENSURE THAT YOU ARE PLAYING IN A WELL LIT ROOM; AND (III) WHEN PLAYING, TAKE TEN TO FIFTEEN MINUTE BREAKS EVERY HOUR.
17. MISCELLANEOUS.
The TOS, inclusive of the Rules of Conduct, the EULA and the Privacy Policy incorporated by reference herein, and all amendments thereto, constitute the entire agreement between you and Quick Hit with respect to the Online Service and such agreements supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and Quick Hit with respect to the same. The TOS governs your use of the Online Service and is in addition to, not in the place of the, EULA and/or Privacy Policy.
You represent and warrant that you have not relied on any statements by or communications from Quick Hit in choosing to enter into the TOS. You further agree and acknowledge that you are not considered, and will not represent yourself as, an employee, contractor, representative or agent of Quick Hit. The TOS will inure to the benefit of Quick Hit (and, to the extent applicable, its licensors, licensees, distributors, suppliers, parents, affiliates, successors or assigns). You may not assign the TOS, in whole or in part, without Quick Hit’s prior written consent. We may assign the TOS, in whole or in part, at any time with or without notice to you. No waiver of any default, condition or breach of the TOS will constitute a waiver of any other default, condition or breach of the TOS or any other agreement between you and Quick Hit.
The TOS will be governed by the laws of the Commonwealth of Massachusetts and you agree that any action at law or in equity arising out of or relating to the TOS will be filed, and that venue properly lies, only in state or federal courts located in Suffolk County, Massachusetts, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. If any provisions of the TOS are held to be invalid or unenforceable under applicable law, including, but not limited to, the warranty, limitation on liability or dispute-related provisions set forth above, you agree that such invalid or unenforceable portion will be limited or excluded from the TOS to the minimum extent required so that those provisions will otherwise remain in full force and effect and enforceable. You further agree to replace any such invalid or unenforceable portions with valid and enforceable provisions designed to achieve, to the extent possible, the intent of such invalid and unenforceable provisions. A printed version of the TOS and of any notices given or made available to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All notices given by you or required under the TOS shall be in writing and addressed to: Quick Hit, Inc., 16 Chestnut Street, Foxboro, Massachusetts 02035, U.S.A. Attn: General Counsel.
18. LEGAL NOTICES.
© 2008 - 2010 Quick Hit, Inc. All rights reserved. Quick Hit, the Quick Hit logo, Quick Hit Football, Quick Hit Sports and XL Sports are trademarks or registered trademarks of Quick Hit, Inc. in the U.S. and/or other countries. All other trademarks are the property of their respective owners. Quick Hit and Quick Hit Football are not affiliated with, endorsed or licensed by the National Football League, any National Football League team or the National Football League Players Association. Certain coaches, players and other real life people are used in Quick Hit Football with permission. Any resemblance to any other individuals is coincidental.

Last updated February 17, 2010

QUICK HIT, INC.
RULES OF CONDUCT

The Rules of Conduct (Rules) govern your behavior while using any of the internet websites of Quick Hit and its affiliates, including, but not limited to, www.quickhit.com, and any other internet websites on which the TOS is posted (QH Sites) and the online sports game currently known as Quick Hit Football™, inclusive of any and all updates, patches, modifications or expansions we may make available from time to time, reproductions and derivative works (QHF) (collectively, the Online Service) and are designed to promote an enjoyable experience for all of our users. The Rules are not intended to be exhaustive and Quick Hit reserves the right to suspend or terminate the Account of and/or ability to access the Online Service by any user it believes to be engaged in conduct that is suspicious, potentially harmful or out of sync with the norms of our user community.
1. You will use the Online Service as reasonably intended by Quick Hit and will not intentionally undermine our systems or general playability by:
o purposefully degrading the performance of the Online Service, our servers or connectivity;
o exploiting, publishing or distributing any known bugs;
o interfering with or circumventing any security features;
o making improper, excessive or inappropriate use of Quick Hit’s community and support tools;
o attempting to copy, modify, transfer, decompile, reverse engineer or emulate the Online Service;
o running or distributing any macros, utilities, bots, keystroke loggers, spyware, or other third party software with or on the Online Service, including, without limitation, any programs that are intended to damage, undermine or interfere with the Online Service or result in denials of service, and/or surreptitiously intercept or mine any system or user information;
o posting or uploading files that contain viruses, trojan horses, corrupted data, or other materials that may damage the Online Service or otherwise cause harm ; or
o using the Online Service for any commercial, fraudulent or illegal activities.

2. You will be respectful of users and not interfere with their use and enjoyment of the Online Service by:
o violating any rights of privacy and/or publicity (e.g., sharing other users real names or other personally identifiable information, trying to collect player e-mail addresses or tricking users into disclose personally identifiable information);
o threatening, stalking, ridiculing, mocking, libeling, intimidating, harassing, disparaging, defaming, abusing or otherwise mistreating or bringing unwanted attention to other users (or Quick Hit employees, contractors, representatives, agents, distributors or suppliers) or engaging in tortious or otherwise harmful conduct;
o pretending to be a Quick Hit employee, contractor, representative, agent, licensor, licensee, distributor, supplier, community or forum leader, guide, host or otherwise falsely stating or misrepresenting your affiliation with any person or entity;
o engaging in communication or posting material that is offensive or hateful, whether or not connected to race, national origin, gender, sexual preference, religion or handicap; violent, vulgar, profane (e.g., swear words), obscene, pornographic or otherwise sexually explicit; illegal or encouraging or advocating illegal activity with the intent to commit such activity (including, but not limited to, trafficking in stolen material, theft, sexual assault, fraud, harassment, drug dealing and/or drug abuse, child pornography, or conspiracy to commit any criminal activity); or using misspellings or innuendos to accomplish the same;
o using the Online Service to advertise, market or sell products and services or to solicit contributions of any kinds for any purpose or otherwise contact other users, including providing links to URLs that promote the same, setting up pyramid schemes or sending unsolicited commercial e-mail;
o disrupting user communications by sharing information that does not generally pertain to the designated topic or theme or is antisocial, disruptive, or destructive, including “shouting,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the internet;
o cheating and/or encouraging others to do the same; or
o violating any applicable laws.

To the extent that you upload, transmit, submit, post, generate, embed, display, create, communicate or other otherwise distribute material via the Online Service (including, but not limited to, text, messages, ideas, opinions, essays, articles, blogs, links, concepts, pitches, suggestions, stories, screenshots, treatments, formats, artwork, graphics, photographs, drawings, videos, audiovisual works, musical compositions, lyrics, sound recordings, characterizations, software your and/or other persons' names, likenesses, voices, team/player names, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials, whether in verbal, written, electronic, digital, machine-readable or some other form whether now or later known), you agree that such material will not: (a) infringe any copyrights, trademarks, trade secrets, patents, or other propriety, intellectual property or contractual rights of a third party; (b) violate any rights of privacy or publicity of a third party; or (c) constitute a breach of any confidentiality or fiduciary obligations you owe to a third party; or (d) otherwise be harmful. Quick Hit has the right to remove and/or modify any material it has reason to believe violates the TOS or the foregoing sentence.

3. We cannot, and therefore do not, assure you that other users will comply with the Rules or other applicable terms of use or guidelines. You assume all risk of harm or injury from your use of the Online Service, including, but not limited to, any other user’s failure to comply with the Rules.

4. Quick Hit will determine, in its sole and absolute discretion, the behaviors that constitute a violation of the Rules. Quick Hit’s decisions with respect to any such violations are final. Quick Hit reserves the right to update, change or amend the Rules or to suspend and/or cease operation of the Online Service at any time.

Last updated December 18, 2009