TERMS OF USE AGREEMENT

YomanSports.com

Last Revised on 29 JUN 2009

Welcome to YomanSports.com Internet website (hereinafter the "Website"). The Website has been designed to provide information, video footage, and entertainment relating to virtually every sport known to mankind. It is our sincere wish that the Website will provide you with many hours of entertainment and social interaction with other like-minded sports aficionados. We ask only that you abide by certain basic rules ("Terms of Use") that are designed to protect of those who access the Website, those who contribute to the Website, those who have designed and manage the Website, and those who host the Website. The rules are also designed to foster a positive experience for each person who accesses the Website.

1. Acceptance of Terms of Use

By accessing and/or using the Website, including any content or functionality found thereon, you signify your agreement to the following Terms of Use. The Terms of Use apply, as well, to users who are also contributors of video content, information, and other materials or services on the Website. If you do not agree to abide by them, do not access or use the Website. At our sole discretion, we may modify, add, or delete portions of these Terms of Use at any time without advance notice. Your continued access and/or use of the Website after revisions are made constitute your acceptance of the revised Terms of Use. Although we will attempt to notify you of any changes to the Terms of Use as soon as they occur, the last revision date will be conspicuously noted. It is your responsibility to regularly check the Terms of Use in order to determine if there have been changes, and to review such changes. In order to facilitate identification of any changes from the previous version, additions to the Terms of Use will be underlined and deletions will be shown in strike-out font.

2. Membership

A. You will need to become a member of YomanSports.com, by creating a personal account, in order to access some features of the Website. Membership is void where prohibited. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent to establish membership, and are fully able and competent to enter into and abide by the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use. The Website is intended solely for users who are at least thirteen (13) years of age. Creation of an account by anyone under 13 is unauthorized and a violation of the Terms of Use. Use of another member's account without permission is forbidden. When creating a personal account, you must provide accurate and complete information. You are solely responsible for any activity that occurs on your account, and it is your responsibility to keep your account password secure. You agree that YomanSports.com will not be liable for any losses that you may sustain which are attributable to unauthorized use of your account, and you agree to indemnify YomanSports.com and other parties for any losses attributable to unauthorized use of your account. For the protection of all parties, you must notify the Website Administrator of any unauthorized use of your account as soon as it is discovered. In consideration of your use of the Website, you agree to provide accurate, current and complete personal information when you create your account, and to promptly update that personal information as it may change from time to time.

B. Membership in YomanSports.com entitles you to access material contained on the Website and to contribute additional material (Member Submissions) to the Website, which may include video material, audio material, text material and combinations thereof. Material of any type contributed as a Member Submission to the Website will become available to all other members.

C. You are solely responsible for your own Member Submissions and the consequences of posting or publishing them. You represent and warrant that you have all consents, licenses, and intellectual property rights required to publish your Member Submissions on the Website.

D. Although you retain all of your ownership rights in your Member Submissions, by submitting them to YomanSports.com, you hereby grant YomanSports.com a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, display, perform, and prepare derivative works of your Member Submissions in any media format and through any media channels in connection with operation and promotion of the Website by YomanSports.com, its affiliates, and its successors in interest.

E. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Member Submission that you post or store on the Website.

F. You hereby grant to each user of the Website a non-exclusive license to access, use, reproduce, distribute, display and perform your Member Submissions consistent with the functionality of the Website and in accordance with these Terms of Use. In connection with Member Submissions, you agree that you will not submit material that is copyrighted, protected by trade secrets or is the subject of confidentiality or proprietary rights agreements, including privacy and publicity rights, unless you are the owner of such rights or have written permission from the rightful owner thereof to post the material and to grant the licenses described in this paragraph and the preceding paragraph.

G. You agree your Member Submissions will comply with applicable local, national, and international laws and regulations, and that they will abide by standards of common decency and decorum. YomanSports.com will not tolerate the posting of pornographic or sexually-explicit material, libelous, defamatory, fraudulent or otherwise unlawful material, material involving drug abuse, child exploitation, animal abuse, graphic violence, graphic human injury, predatory behavior, stalking, harassment, intimidation, invasion of privacy, revelation of personal information of others, or material that incites others to engage in violent, illegal dangerous, or depraved behavior. We will not permit the posting of material that attacks a group on account of race, ethnic origin, religion, disability, gender, age, veteran status, gender, or sexual orientation. On the other hand, we will not permit the Website to be used to promote what we consider to be deviant social behavior, nor will we permit the Website to be used to promote any partisan political agenda.

H. You agree that you will not utilize the Website as a purveyor of spam. With that understanding, you agree that you will not create misleading descriptions, tags, titles or thumbnails in order to increase views of your Member Submissions, nor will you post untargeted, unwanted or repetitive material, including comments and private messages. Neither will you send other members any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, chain letters, pyramid schemes, or any other form of solicitation.

I. You understand and acknowledge that when using the Website, you will be exposed to Member Submissions from a variety of sources, and that YomanSports.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Submissions. You further understand that you may be exposed to Member Submissions that may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against YomanSports.com with respect to such material, and agree to indemnify and hold YomanSports.com, its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. YomanSports.com may, but is not obligated to, review content of the Website and, without prior notice, may delete or remove any Website content or any Member Submission that it deems is offensive, illegal, harmful, or violate of the rights of any person.

J. YomanSports.com does not endorse any Member Submission or any opinion, recommendation, or advice expressed therein, and YomanSports.com expressly disclaims any and all liability in connection with Member Submissions.

3. Use of the Website

A. You hereby agree that you will not:

1. Copy or distribute professional content from the Website, such as programming provided by television networks;

2. Collect email addresses or other contact information of other members from the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

3. Use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;

4. Use automated scripts to collect information from or otherwise interact with the Website;

5. Solicit personal information from anyone under 18 years of age or solicit personal information for commercial or unlawful purposes;

6. upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

7. Use or attempt to use another's members account, service or system, or create a false identity on the Website;

8. Upload, post, transmit, share, store or otherwise make available content which is objectionable, which restricts or inhibits any other person from using or enjoying the Website, or which may expose YomanSports.com or its members to harm or liability of any kind.

9. Distribute any part of the Website, including but not limited to Member Submissions, via any medium, without prior written authorization from YomanSports.com;

10. Alter or modify any part of the Website or any of its related technologies;

11. Access Member Submissions or YomanSports.com content through any technology or means other than the video playback pages of the Website itself, the YomanSports.com embedded player, or other explicitly authorized means that YomanSports.com may provide;

12. Use the Website, including but not limited to the Widget Upload Tool, for any commercial use, without the prior written authorization of YomanSports.com.

Prohibited commercial uses include any of the following:

a) Selling access to the Website or its related tools or services (such as the Widget Upload Tool) on another website;

b) Using the Website or its related services (such as the embeddable player), for the primary purpose of gaining advertising or subscription revenue;

c) Selling advertising, on the Website or any third-party website, targeted to the content of specific Member Submissions or YomanSports.com content;

d) Any use of the Website or its related services that YomanSports.com finds, in its sole discretion, to use the resources or Member Submissions of YomanSports.com with the effect of competing with or displacing the market for YomanSports.com, YomanSports.com content, or its Member Submissions.

Prohibited commercial uses do not include:

a) Uploading an original video to YomanSports.com, or maintaining an original channel on YomanSports.com, to promote your business or artistic enterprise;

b) Using the embeddable player to show YomanSports.com videos on an ad-enabled blog or website, provided the primary purpose of using the embeddable player is not to gain advertising revenue or compete with YomanSports.com;

c) Distributing the Widget to others free of charge;

d) Any use that YomanSports.com expressly authorizes in writing.

B. You agree not to use or launch any automated system that accesses the Website in a manner that sends more request messages to the YomanSports.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Operators of public search engines are excepted from this limitation so long as material is copied from the Website for the sole purpose of creating searchable indices of Website content. YomanSports.com reserves the right to revoke or further restrict this exception with regard to all or specific operators.

C. You agree that the content on the Website, except all Member Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively referred to as "Content") and the trademarks, service marks and logos contained therein, are owned by or licensed to YomanSports.com, and are subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

D. You may access Member Comments and Member Submissions for your information and personal use solely as intended through the provided functionality of the Website. You shall not copy or download any Member Submission unless you see a "download" or similar link displayed by YomanSports.com on the Website for that Member Submission. Member Comments may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in a manner not facilitated by the normal functionality of the Website.

E. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

5. Links to Third-Party Websites

The Website contains links to third-party websites that are neither owned nor controlled by YomanSports.com. Given that YomanSports.com exercises no control over such third-party websites, it is unable to censor or edit the content of those third-party websites, and it assumes no responsibility for the content, privacy policies, or practices thereof. You expressly release YomanSports.com from all liability arising from your use of any third-party website. You are strongly encouraged to read and abide by the terms of service and the privacy policy of third-party websites that you visit.

6. Account Termination Policy

1. YomanSports.com will terminate a User's access to the Website if, under appropriate circumstances, he/she is determined to be a repeat infringer.

2. YomanSports.com reserves the exclusive right to decide whether Content or a Member Submission is appropriate and complies with the Terms of Use, or should be deemed pornographic, obscene, defamatory or of excessive length by those standards. At any time and without prior notice, YomanSports.com may, at its sole discretion, remove any inappropriate or non-complying Content or Member Submissions. In addition, the account of any User who uploads material in violation of the Terms of Use may be revoked.

7. Digital Millennium Copyright Act

We forbid members to upload, post or otherwise transmit on the Website any materials that infringe the copyrights or violate the intellectual property rights of others. When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material until such time as it can be determined that the complained of material is, indeed, copyrighted. We will revoke the accounts of users who have willfully infringed the intellectual property rights of others in connection with their use of the Website, whether or not repeat violations have occurred. YomanSports.com reserves the right to remove any infringing content of the Website and any Member Submissions without prior notice.

8. Disclaimer of Warranties

ALTHOUGH YOMANSPORTS.COM STRIVES TO PROVIDE A HIGH QUALITY EXPERIENCE FOR ITS USERS, THE WEBSITE AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOMANSPORTS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH YOUR USE OF THE WEBSITE, AND MAKES NO REPRESENTATIONS WITH REGARD TO ACCURACY, COMPLETENESS OR RELIABILITY OF THE SOFTWARE, CONTENT OR MATERIALS ON THE SITE, OR ANY PLATFORM APPLICATION OR WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD, THEREFORE, EXERCISE CARE WHEN DOWNLOADING AND USING ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES AND OTHER MALWARE. YOU HEREBY RELEASE YOMANSPORTS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FOR ANY AND ALL LIABILITY RELATED TO PERSONAL INJURY OR PROPERTY DAMAGE, INCLUDING DAMAGES WHICH MAY BE SUSTAINED BY YOUR COMPUTER SYSTEMS OR MOBILE DEVICES, DAMAGES RELATED TO LOSS OF DATA, OR HARM OF ANY OTHER KIND THAT MAY RESULT FROM YOUR USE OF THE WEBSITE.

YomanSports.com DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY, WHETHER THROUGH THIS WEBSITE, THROUGH A HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING DISPLAYED ON THE WEBSITE. YOMANSPORTS.COM IS IN NO WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. HOWEVER, YOMANSPORTS.COM WILL REMOVE OR SUSPEND FROM THE WEBSITE THIRD-PARTY ADVERTISERS OF GOODS AND SERVICES WHO ARE THE SUBJECTS OF WHAT IT DEEMS AN EXCESSIVE NUMBER OF COMPLAINTS.

YomanSports.com does not warrant that the content of the website is in compliance with the customs and laws of any country other than the United States of America and Canada. Those who access or use the Website in other countries do so at their own risk.

9. Limitation of Liability

IN NO EVENT SHALL YOMANSPORTS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES RESULTING FROM:

a. ERRORS, MISTAKES, OMMISSIONS, OR INACCURACIES OF WEBSITE CONTENT;

b. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OR ACCESS OF THE WEBSITE;

c. ANY RELEASE OF PERSONAL AND/OR FINANCIAL INFORMATION CAUSED BY UNAUTHORIZED ACCESS TO SECURE SERVERS OF YOMANSPORTS.COM;

d. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; and

e. ANY VIRUSES, TROJAN HORSES, PHISHING SCAMS, OR OTHER MALWARE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE THEORY ON WHICH LIABILITY IS BASED, INCLUDING WARRANTY, CONTRACT, AND/OR TORT, AND REGARDLESS OF WHETHER OR NOT THE COMPANY WAS ADVISED, IN ADVANCE, OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT YOMANSPORTS.COM SHALL NOT BE LIABLE FOR ANY Member Submission, OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

NOTWITHSTANDING THE FOREGOING LIMITATION OF LIABILITY, YOMANSPORTS.COM'S LIABILITY TO YOU FOR ANY REASON WHATSOEVER, REGARDLESS OF THE CAUSE OF THE ACTION, WILL NEVER BE GREATER THAN THE AMOUNT WHICH YOU HAVE PAID TO YOMANSPORTS.COM FOR ACCESS AND USE OF THE WEBSITE DURING THE TERM OF MEMBERSHIP, AND IN NO CASE WILL SUCH LIABILITY EXCEED $1000. IF YOU HAVE PAID NOTHING TO YOMANSPORTS.COM, THEN YOU SHALL BE LIMITED TO ONLY INJUNCTIVE RELIEF, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW A DISCLAIMER OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU ARE A RESIDENT OF SUCH A STATE, YOU MAY HAVE ADDITIONAL RIGHTS.

10. Indemnity

You agree to defend, indemnify and hold harmless YomanSports.com, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Website; (b) your violation of any term of these Terms of Use; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that one of your Member Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.

11. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you to a third party, but may be assigned by YomanSports.com, without restriction.

12. General

You agree that:

a. The Website shall be deemed solely based in Utah;

b. The Website shall be deemed a passive website that does not give rise to personal jurisdiction over YomanSports.com, either specific or general, in jurisdictions other than the State of Utah;

c. The Terms of Use shall be governed by the laws of the State of Utah, irrespective of its conflict of laws rules;

d. Any claim or dispute between you and YomanSports.com that arises in whole or in part from your use of the Website shall be decided exclusively by a court of competent jurisdiction located in either Utah County, Utah or Salt Lake County, Utah;

e. The Terms of Use shall constitute the entire agreement between you and YomanSports.com;

f. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect;

g. No past waiver of any term of the Terms of Use shall affect the right of YomanSports.com to assert that term in the future;

h. IF A CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE IS NOT COMMENCED WITHIN ONE (1) YEAR AFTER THAT CAUSE OF ACTION ARISES, IT SHALL BE PERMANENTLY BARRED.