ONESEASON™ TERMS OF SERVICE AGREEMENT

Welcome to OneSeason!

E-Global Sports Network, Inc. ("E-Global Sports Network") provides the OneSeason website located at www.oneseason.com and the mobile version thereof (together the "Site"). Through the Site, E-Global Sports Network provides certain products and services including but not limited to our "E-Sports Trade" system where users can acquire and trade Synthetic Ownership Interests ("SOIs") in sports personalities world wide using real currency and achieve market based returns based on their skill and participate in a rich social community dedicated to the sports enthusiast and sports news and related content (all of the foregoing services are referred to collectively as the "Services"). This OneSeason Terms of Service Agreement ("Agreement") is a legal agreement between you and E-Global Sports Network and it applies to you whether you are a "OneSeason Member" or an "OneSeason Visitor" (collectively, "OneSeason Users"). A "OneSeason Member" is a registered user of the Site or Services and may be either a buyer or seller of SOIs. A "OneSeason Visitor" is a visitor to the Site or Services who has not registered with us.

This Agreement limits E-Global Sports Network's liability and obligations to you and allows us to change, suspend or terminate your access to and use of the Site, Services and your OneSeason account. We urge you to carefully read the terms and conditions of this Agreement and the OneSeason FAQs made available at www.oneseason/page/faq and our Trading and Glossary made available at www.oneseason/page/trading_glossary which are all incorporated into this Agreement by reference and form part of this Agreement.

The Site and Services are provided merely for your entertainment. How well you do as a OneSeason Member is primarily based on your skill and knowledge. E-Global Sports Network is not liable for your failure to comply with any applicable local, state, national and foreign laws, treaties and regulations or any rules, policies or procedures applicable to your activities.

YOU UNDERSTAND THAT BY CLICKING THE "I AGREE" BUTTON, BY USING THE SITE (INCLUDING ANY CONTENT PROVIDED THEREIN), SERVICES OR YOUR ONESEASON ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES. IF YOU AGREE TO THIS AGREEMENT ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THIS AGREEMENT AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, "YOU" AND "YOUR" REFER HEREIN TO THAT BUSINESS.

1. Eligibility for Membership.
   
   1. To be a OneSeason Member and have a OneSeason account, you must be at least 18 years old and have a valid U.S. Social Security or Tax ID number. The Site and Services are merely a platform through which OneSeason Users can enhance their enjoyment of sports entertainment and through which OneSeason Members can buy and sell SOIs. E-Global Sports Network is not a party to any relationship or separate agreement entered into between OneSeason Members and disclaims any and all liability relating thereto. The Site, Services and access to a OneSeason account are not available to temporarily or indefinitely suspended OneSeason Members.
   2. You acknowledge and agree that your use of the Services is dependent upon access to telecommunications and Internet services. You are solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software required to access and use the Services, including, without limitation, any and all costs, fees, expenses and taxes of any kind related to the foregoing. Without limiting the terms of Section 13, E-Global Sports Network is not responsible for any loss or corruption of data, lost communications or any other loss or damage of any kind arising from any such telecommunications and Internet services.
2. Registration and Set-Up of a OneSeason Account.
1. When you register with E-Global Sports Network and set up your OneSeason account, you must provide E-Global Sports Network with accurate and complete information. You agree to promptly update your OneSeason account information with any new information that may affect the operation of your OneSeason account and to provide us with any other information we request from you to administer your use of the Services. For further information about administration of your OneSeason account see Section 4 below titled "Fees and Commissions". You may not use a login name that is used by someone else or that violates this Agreement.
2. You authorize E-Global Sports Network, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your identity and username or validate your OneSeason account information.
3. You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use. We encourage you to read our Privacy Policy located at www.oneseason.com/page/privacy/ for information about our policies and procedures regarding the collection, use and disclosure of information we receive from OneSeason Users.
4. You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding OneSeason account information and for the security of you computer system. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your OneSeason account, whether or not you have authorized such activities or actions. You agree to immediately notify E-Global Sports Network of any unauthorized use of your username, password or OneSeason account. E-Global Sports Network will not ask you to reveal your password or ever initiate any contact with you asking for your reminder words. Without limiting the terms of Section 11, you agree to indemnify and hold E-Global Sports Network harmless for any improper or illegal use of your OneSeason account.
3. Termination or Suspension of the Site or Services & Modification of the Agreement.
1. E-Global Sports Network reserves the right in its sole discretion, at any time, to modify, discontinue or terminate the Site or Services or to modify or terminate this Agreement without advance notice. Modifications to this Agreement or any policies will be posted on the Site or made in compliance with any notice requirements set forth in this Agreement. If any modification is not acceptable to you, your only recourse is to cease using the Site and Services. By continuing to use the Site or Services following any posting of a new Agreement or policies on the Site, you accept and agree to be bound by the new Agreement or policies. If your OneSeason account is terminated, you may not become a OneSeason Member again without the express written permission of E-Global Sports Network.
2. Without limiting other remedies and subject to Section 5(f), E-Global Sports Network may at any time suspend or terminate your OneSeason account and refuse to provide access to the Site or Services and suspend your ability to buy or sell SOIs using the Site or Services without reason or notice to you. Such termination or suspension amounts to a termination of this Agreement by E-Global Sports Network. In addition, E-Global Sports Network may notify authorities or take any actions it deems appropriate, without notice to you, if E-Global Sports Network suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of this Agreement or any policies or rules established by E-Global Sports Network; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, OneSeason Users, E-Global Sports Network or any other third parties or the Site or Services. In the event that E-Global Sports Network discontinues the Site or Services or your access to either, subject to the terms of this Agreement, E-Global Sports Network will remit any monies held in your OneSeason account to you via the mailing address you provide as part of your One Season account information.
3. Subject to Section 5(f), you may stop using the Site or Services at any time and you may terminate your OneSeason account by selecting this option on your account information page. Any Comments (defined below) may remain on the Site or within the Services upon any termination of your OneSeason account.
4. Any suspension, termination or cancellation will not affect your obligations to E-Global Sports Network under this Agreement (including, but not limited to, payment of commissions and fees, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
4. Commissions and Fees
1. Trading. E-Global Sports Network charges a commission on each transaction and/or trade you engage in via the Site and Services. You must already have sufficient currency in your OneSeason account to complete a transaction and/or trade. Please see our FAQs made available at www.oneseason.com/page/faq and our Trading Glossary made available at www.oneseason.com/page/trading_glossary for further information on the trading of SOIs and the applicable commission fees.
2. Authorization. You are solely responsible for all costs incurred by you in using the Site and Services. You agree to pay E-Global Sports Network for all charges at the prices then in effect for any access to or use of the Services by you or other persons (including your agents) using your OneSeason account, and you hereby authorize E-Global Sports Network to: (i) access your OneSeason account as necessary to effect the trading of SOIs initiated via your OneSeason account, including the addition to or deduction of any monies related thereto; and (ii) collect fees by charging the credit card you provide to us as part of your E-Global Sports Network account information or otherwise, either directly or indirectly, including via a third party online payment service, such as PayPal.
3. Taxes & Required Documentation; Transfer of Funds. Without limitation to Section 4(f), you are responsible for calculating and paying all taxes owed on all amounts received by you from using the Services. In order to transfer funds out of your OneSeason account that are in excess of the funds you transferred into your OneSeason account, if you are an individual or non-corporate entity, upon our request you will complete and submit to us an IRS Form W-9 to help us satisfy tax reporting obligations.
4. Review of Transaction Reports. You are responsible for reviewing all confirmations of transactions immediately upon receipt and E-Global Sports Network is not responsible for providing you with any trade status information other than the official transaction confirmation.
5. Non Circumvention. E-Global Sports Network does not recognize or condone any outside service that may be used for the exchange of SOIs that you may accumulate as a result of participating in the Services. This includes, for example, the exchange of SOIs using eBay™ or Yahoo Auctions™. Without limiting the terms of Section 6, you will not:
   
   
   1. circumvent the Site or Services using other third party trading services or otherwise;
   2. use automated technology or otherwise surreptitiously alter the market for SOIs or otherwise commit fraud in your use of the Site or Services; or
   3. engage in activities to artificially raise or lower the value of SOIs or the value of your portfolio or authorize or encourage third parties to do so, including, without limitation, using automated software to trade SOIs.
   Violation of this section may result in immediate termination of your OneSeason account and you will be ineligible for any further participation in the Site or Services. E-Global Sports Network reserves the right to institute civil or criminal proceedings against you and to report your activities to the law enforcement authorities.
6. Other Fees.
   
   
   1. Access to or use of certain areas of the Site or portions of the Services may require a subscription or access fee. We will give you at least thirty (30) days notice of the changes in any such charges.
   2. Purchases for certain goods and services completed through the Site and Services may include sales tax based on the bill-to address and the sales tax rate in effect at the time your transaction is completed. Without limiting any other terms in this Agreement, you will be responsible for, and will promptly pay, all taxes and duties of any kind (including but not limited to sales, use and withholding taxes) associated with your receipt or use of the Services.
   3. A fee of $4.50 will be assessed on each transfer of funds out of your OneSeason account.
7. Effect of Termination. There is no prorated refund of any fees upon any termination or cancellation. You agree to immediately pay any amounts accrued, but remaining unpaid, as of termination (if any).
5. Interactions Between OneSeason Users.
1. You are solely responsible for your interactions (including any disputes) with other OneSeason Users. You understand that E-Global Sports Network does not in any way screen OneSeason Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other OneSeason Users. You agree to take reasonable precautions in all interactions with other OneSeason Users, particularly if you decide to meet a OneSeason User offline, or in person.
2. Your use of the Site, Services, Content and any other information or other materials made available through the Site or Services is at your sole risk and discretion and E-Global Sports Network hereby disclaims any and all liability to you or any third party relating thereto. E-Global Sports Network reserves the right to contact Members, in compliance with applicable law, in order to evaluate compliance with the rules and policies in this Agreement. You will cooperate fully with E-Global Sports Network to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized E-Global Sports Network representatives access to any password-protected portions of your OneSeason account.
3. Without limiting the terms of Section 7(b)(iii), E-Global Sports Network may in its sole discretion review and/or record chat exchanges and/or other communications engaged in via the Site or Services, in accordance with applicable law, in order to evaluate compliance with the rules and policies set forth in this Agreement or as otherwise technically necessary.
6. Obligations for OneSeason Users. The Site and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services:
1. Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content;
2. Upload, stream, email or otherwise transmit (i) any User Submission (defined below) to which you do not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submission for which you do not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission is necessary; or (iii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
3. Use any meta tags or other hidden text or metadata utilizing a E-Global Sports Network name, trademark, URL or product name;
4. Upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;
5. Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information;
6. Upload, stream, email, or otherwise transmit, via the Site or Services, any User Submissions that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the opinion of E-Global Sports Network;
7. Upload, stream, email, or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;
8. Upload, stream, email or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;
9. Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site or the technical delivery systems of E-Global Sports Network's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
10. Attempt to probe, scan or test the vulnerability of any E-Global Sports Network system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;
11. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;
12. Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by E-Global Sports Network or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, or Safari), including without limitation any software that sends queries to the Site to determine how a website or web page ranks.
13. Collect or store personal data about other users without their express permission;
14. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
15. Use the Site or Services in any manner not permitted by this Agreement; or
16. Authorize or encourage any other individual to do any of the foregoing or to violate any term of this Agreement.
7. Proprietary Rights and Licenses.
1. Content.
1. Certain types of content are made available through the Site and Services. "OneSeason Content" as used in this Agreement means, collectively, the text, data, graphics, images, audio or video files, E-Global Sports Network trademarks and logos and content made available through the Site and Services, excluding User Submissions. "User Submissions" as used in this Agreement means, collectively, the text, data, communications, messages, graphics, images, photos, audio or video files and other content and information which OneSeason Members post, upload and otherwise submit to the Site or Services, including, without limitation, in their communications with other OneSeason Users via chat or bulletin boards. WHILE E-GLOBAL SPORTS NETWORK IS UNDER NO OBLIGATION TO DO SO, E-GLOBAL SPORTS NETWORK RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY ONESEASON CONTENT OR USER SUBMISSIONS FROM THE SITE OR SERVICES WITHOUT NOTICE, AND FOR ANY REASON E-GLOBAL SPORTS NETWORK DEEMS SUFFICIENT.
2. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, OneSeason Content, User Submissions or related products and services and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Services, OneSeason Content or User Submissions (other than your User Submissions). E-Global Sports Network and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Services and OneSeason Content contained therein, other than your User Submissions.
2. User Submissions.
1. License Grant. E-Global Sports Network does not claim ownership rights in your User Submissions. However, by uploading, posting, submitting or otherwise transmitting any User Submission on or to the Site or Services, you hereby grant to E-Global Sports Network a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use and exploit (e.g. crop and resize) your User Submissions as necessary to provide you with the Services. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to E-Global Sports Network.
2. Limitations. You acknowledge and agree that E-Global Sports Network may, at its option, recategorize any User Submission and establish limits concerning User Submissions, including, without limitation, the maximum number of days that User Submissions will remain available via the Services or on the Site, the maximum size of any files that may be stored on or uploaded to the Site or Services and the maximum disk space that will be allotted to you for the storage of User Submissions on E-Global Sports Network's servers. E-Global Sports Network will have no responsibility or liability for maintaining copies of User Submissions on our servers, and you are solely responsible for creating back-ups of your User Submissions.
3. Disclaimer. E-Global Sports Network does not have any obligation to monitor the User Submissions that are uploaded, posted, submitted or otherwise transmitted using the Site or Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or anything said, depicted or written by OneSeason Members, including, without limitation, any information obtained by using the Site or Services. E-Global Sports Network does not endorse any User Submission or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against E-Global Sports Network with respect thereto.
8. Copyrighted Content: No Infringing Use.You will not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. E-Global Sports Network has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. Please see the <> for further information www.oneseason.com/page/copyright_ip_policy/.
9. Comments and Feedback.
1. Comments. You can leave feedback and make comments about your experience with a OneSeason Member with whom you have interacted ("Comments"). E-Global Sports Network advises you to exercise caution and good judgment when leaving such Comments. Once you complete and submit your Comments to the Site or Services you will not be able to go back and edit your Comments. You should also be aware that you could be held legally responsible for damages to someone's reputation if your Comments are deemed to be defamatory. E-Global Sports Network does not monitor or censor Comments that are provided by OneSeason Members and disclaims any and all liability relating thereto. Notwithstanding the foregoing, E-Global Sports Network does reserve the right, in its sole discretion, to remove any Comments that it deems to be improper, inappropriate or inconsistent with the online activities that are permitted under this Agreement.
2. Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at support@oneseason.com. You acknowledge and agree that all Comments and all Feedback will be the sole and exclusive property of E-Global Sports Network. You hereby assign and agree to assign all rights, title and interest you have in such Comments and Feedback to E-Global Sports Network together with all intellectual property rights therein.
10. Mobile Services. The Services may be available in the future via your mobile phone or device ("Mobile Services"). Please note that your telecommunication carrier's service fees will still apply to your use of the Mobile Services. In some cases downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, or our Mobile Services may not work with your carrier's service or be unavailable on your mobile phone or device. By using the Mobile Services, you acknowledge and agree that E-Global Sports Network may communicate with you mobile phone or device regarding your use of such services.
11. Indemnification. You agree to defend, indemnify, and hold E-Global Sports Network, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Services, OneSeason Content and User Submissions; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party, including without limitation claims that your User Submissions are infringing; or (v) any claim related to or arising out of your acquisition and/or trading of SOIs.
12. Disclaimer. THE SITE, SERVICES, ONESEASON CONTENT AND USER SUBMISSIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTY OF ANY KIND. USE OF THE SITE SERVICES, ONESEASON CONTENT AND USER SUBMISSIONS IS AT YOUR OWN RISK. E-GLOBAL SPORTS NETWORK EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, ONESEASON CONTENT AND USER SUBMISSIONS, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, E-GLOBAL SPORTS NETWORK MAKES NO REPRESENTATION OR WARRANTY: (I) THAT THE SITE OR SERVICES WILL PRODUCE ANY LEVEL OF PROFIT OR LEAD TO ANY ECONOMIC BENEFIT; (II) THAT ANY COMMUNICATIONS OR CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES WILL BE ACCURATE, RELIABLE OR CORRECT; (III) THAT THE SITE OR SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; AND (IV) THAT THE SITE OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL E-GLOBAL SPORTS NETWORK BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, ONESEASON CONTENT AND USER SUBMISSIONS INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGES RESULTING FROM THE CONDUCT OF ANY ONESEASON USER, ONLINE OR OFFLINE, DAMAGES FOR LOSS OF PROFITS, DATA OR OTHER LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA OR HACKING OF YOUR ONESEASON ACCOUNT, WHETHER OR NOT E-GLOBAL SPORTS NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, E-GLOBAL SPORTS NETWORK'S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED $50. E-GLOBAL SPORTS NETWORK WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE SITE, SERVICES OR THE SCHEDULED OR UNSCHEDULED SERVICE INTERRUPTIONS OF ANY THIRD PARTY PAYMENT SERVICE, SUCH AS PAYPAL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
14. Force Majeure. E-Global Sports Network will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to the E-Global Sports Network infrastructure or connectivity to the Internet or failure at an E-Global Sports Network co-location facility (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, E-Global Sports Network will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that E-Global Sports Network may reasonably require to recover from the effects of such Force Majeure Event.
15. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of this Agreement each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind nor attempt to bind the other to any contract.
16. Notice; Consent to Electronic Notice. You consent to the use of (a) electronic means to complete this Agreement and to deliver any notices pursuant to this Agreement (including notice of a breach of security) and (b) electronic records to store information related to this Agreement or your use of the Site or Services. Any notice or other communication to be given hereunder will be in writing and given (a) by E-Global Sports Network via email (in each case to the address that you provide), (b) a posting on the Site or (c) by you via email to support@oneseason.com or to such other addresses as E-Global Sports Network may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
17. Links to other Websites. The Site or Services may provide links to websites other than the Site. Such links are provided for reference only, and E-Global Sports Network neither controls such websites nor endorses any of the material on any such websites or any association with their operators. E-Global Sports Network is not responsible for the activities or such sites, and has no liability to you for any harms, injuries or losses you might suffer as a result of using or accessing such websites.
18. Miscellaneous.
1. Assignment. You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of E-Global Sports Network and any prohibited assignment will be null and void. E-Global Sports Network may assign this Agreement or any rights hereunder without your consent.
2. No Waiver; Severability. The failure of a party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. In the event that any provision in this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law.
3. Governing Law; Jurisdiction. This Agreement will be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in courts located in Northern California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
4. Entire Agreement. This Agreement together with the rules and policies of E-Global Sports Network and other Agreements incorporated herein by reference constitutes the entire agreement between E-Global Sports Network and you with respect to the subject matter of this Agreement.
5. No Third Party Beneficiaries. You agree that this Agreement and the rules, restrictions and policies contained herein, and E-Global Sports Network's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and E-Global Sports Network.
19. Questions. If you have questions about this Agreement or would like to request a copy of this Agreement or any other records relating to this Agreement or your use of the Site and Services, please contact E-Global Sports Network by emailing us at support@oneseason.com or by sending a written request to the E-Global Sports Network, Inc. at 660 4th Street #306 San Francisco,CA 94107.