This agreement was written in English (US).

Date of Last Revision: January 28, 2015

Terms of Use Agreement

Statement of Rights and Responsibilities

This Terms of Use Agreement and Statement of Rights and Responsibilities ("Statement"), together with any referenced policies First Round Exchange LLC may post from time to time, governs our relationship with users and others (“users” or “you”) who interact with us

PLEASE READ CAREFULLY THE FOLLOWING STATEMENT, PRIVACY POLICY, IP POLICY, CONTEST RULES AND ANY OTHER POLICIES FIRST ROUND EXCHANGE MAY PUBLISH FROM TIME TO TIME. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING FIRST ROUND EXCHANGE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL SUCH RULES, TERMS AND POLICIES INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SITE.

1. First Round Exchange Statement of Principles and Your Responsibilities

First Round Exchange and the fantasy sports games and online services the company offers are just that, games for people who are passionate about sports. The games are strictly for fun, to test a player’s skill against other sports fanatics and see who can claim the greater skill. It is NOT gambling and the games and data generated by the game may not be used for any gambling purposes outside the game.

By using the First Round Exchange games and services you are agreeing and specifically represent and warrant that you will follow all the laws of your jurisdiction regarding gambling.

2. Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use First Round Exchange to play our fantasy sports games and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

3. Sharing Your Content and Information

You own all of the content and information you post on First Round Exchange, subject to any Contribution Policies and Agreement First Round Exchange may choose to issue or require. In addition:

a. For content that is covered by intellectual property rights, like photos, videos and text you author ("IP content"), you specifically grant us a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with First Round Exchange ("IP License") as we see fit. This IP License includes the right to resize, crop, enhance, include with advertisements or other IP Content and otherwise modify the IP Content and create derivative works of the IP Content you post.

b. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). Not all content you post on First Round Exchange may be deleted. First Round Exchange, under the IP License, may choose to continue to display, distribute and otherwise use posted content in connection with the First Round Exchange service at its sole discretion.

c. When you publish content or information on First Round Exchange, it means that everyone, including people off of First Round Exchange, will have access to that information and we may not have control over what they do with it.

d. We always appreciate your feedback or other suggestions about First Round Exchange, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

4. Safety

We do our best to keep First Round Exchange safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

a. You will not send or otherwise post unauthorized commercial communications (such as spam) on First Round Exchange.

b. You will not collect users' content or information, or otherwise access First Round Exchange, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.

c. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on First Round Exchange.

d. You will not upload viruses or other malicious code.

e. You will not solicit login information or access an account belonging to someone else.

f. You will not bully, intimidate, or harass any user.

g. You will not post content that is hateful, threatening, pornographic, obtained illegally or that contains nudity or graphic or gratuitous violence.

h. You will not post mature content without appropriate age-based restrictions.

i. You will not use First Round Exchange to do anything unlawful, misleading, malicious, or discriminatory.

j. You will not do anything that could disable, overburden, or impair the proper working of First Round Exchange, such as a denial of service attack.

k. You will not facilitate or encourage any violations of this Statement.

5. Registration and Account Security

If First Round Exchange requires users to provide their real names and information during registration, even though we permit the use of aliases on the service itself, you agree that:

a. You will not provide any false personal information on First Round Exchange, or create an account for anyone other than yourself without permission.

b. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).

c. You will not use First Round Exchange if you are under 14.

d. You will not use First Round Exchange if you are a convicted sex offender.

e. You will keep your contact information accurate and up-to-date.

f. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

g. You will not transfer your account to anyone without first getting our written permission.

h. If you select a username for your account or a First Round Exchange alias we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username or alias that does not closely relate to a user's actual name).

6. Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

a. You will not post content or take any action on First Round Exchange that infringes or violates someone else's rights or otherwise violates the law.

b. We can remove any content or information you post on First Round Exchange if we believe that it violates this Statement.

c. We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.

d. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

e. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

f. You will not use our copyrights or trademarks (including First Round Exchange, FRX and the First Round Exchange Logos), or any confusingly similar marks, without our written permission.

g. If you collect information from users, you will: obtain their consent, make it clear you (and not First Round Exchange) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

h. You will not post anyone's identification documents or sensitive financial information on First Round Exchange.

i. You will not send email invitations to non-users without their consent.

7. Mobile

a. We may choose to provide mobile services for free or a fee, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.

b. In the event you change or deactivate your mobile telephone number, you will update your account information on First Round Exchange within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

8. Payments

If you make a payment on First Round Exchange directly or through a payment service, you agree to our Payments Terms which may be posted from time to time.

9. Special Provisions Applicable to Share Links

If we offer a content link to embed content posted on First Round Exchange on your website, blog, social networking site or other online service or if you use any First Round Exchange service to post content on your website, blog, social networking page or other online service on First Round Exchange, the following additional terms apply to you:

a. We give you permission to use the IP Content and other content posted on First Round Exchange on your website.

b. You give us permission to use links and content you post on your website on First Round Exchange.

c. You will not place any sort of content link button on any page containing content that would violate this Statement if posted on First Round Exchange.

10. About Advertisements on First Round Exchange

If at times ads are included within the game interface, our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

a. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.

b. We do not give your content or information to advertisers without your consent, except as permitted by this Statement and any Privacy Policy we may post.

c. You understand that we may not always identify paid services and communications as such.

11. Amendments

We can change this Statement at any time effective upon posting on the First Round Exchange site. We may in our discretion provide notice prior to a change or solicit user, advertiser or other input.

12. Termination

If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of First Round Exchange to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2-4, 6 and 8-17.

13. Disputes

a. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or First Round Exchange exclusively in a state or federal court located in Nashville, Tennessee. The laws of the State of Tennessee will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Davidson County, Tennessee for the purpose of litigating all such claims and waive any objection you may have to the jurisdiction, venue or convenience of such forum.

b. If anyone brings a claim against us related to your actions, content or information on First Round Exchange, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

c. RELEASE OF CLAIMS. FIRST ROUND EXCHANGE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU ALSO WAIVE YOUR RIGHTS UNDER ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.

d. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FIRST ROUND EXCHANGE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

14. EXCLUSION OF WARRANTIES

a. NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT FIRST ROUND EXCHANGE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

b. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF FIRST ROUND EXCHANGE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

c. IN PARTICULAR, FIRST ROUND EXCHANGE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF FIRST ROUND EXCHANGE WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF FIRST ROUND EXCHANGE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF FIRST ROUND EXCHANGE WILL BE CORRECTED.

d. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FIRST ROUND EXCHANGE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

e. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIRST ROUND EXCHANGE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

f. FIRST ROUND EXCHANGE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

15. LIMITATION OF LIABILITY

a. SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14. ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT FIRST ROUND EXCHANGE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON FIRST ROUND EXCHANGE;

(II) ANY CHANGES WHICH FIRST ROUND EXCHANGE MAY MAKE TO FIRST ROUND EXCHANGE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE FIRST ROUND EXCHANGE SERVICES (OR ANY FEATURES WITHIN SUCH SERVICES);

(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF FIRST ROUND EXCHANGE;

(IV) YOUR FAILURE TO PROVIDE FIRST ROUND EXCHANGE WITH ACCURATE ACCOUNT INFORMATION;

(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

b. THE LIMITATIONS ON FIRST ROUND EXCHANGE’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT FIRST ROUND EXCHANGE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

c. IN NO EVENT SHALL FIRST ROUND EXCHANGE’S AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF FIRST ROUND EXCHANGE, INCLUDING ITS SITE GAMES SERVICES AND SOFTWARE EXCEED FIVE HUNDRED DOLLARS (U.S.) ($500 USD) OR THE AMOUNT YOU HAVE PAID FIRST ROUND EXCHANGE IN THE PAST TWELVE MONTHS.

16. General Legal Terms

a. Sometimes when you use First Round Exchange, you may (as a result of, or through your use of the Site or First Round Exchange) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

b. The Terms constitute the whole legal agreement between you and First Round Exchange and govern your use of the First Round Exchange Site, games and other services (but excluding any services which First Round Exchange may provide to you under a separate written agreement), and completely replace any prior agreements between you and First Round Exchange in relation to the First Round Exchange Site, game and services.

c. You agree that First Round Exchange may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the game and Sites.

d. You agree that if First Round Exchange does not exercise or enforce any legal right or remedy which is contained in the Terms (or which First Round Exchange has the benefit of under any applicable law), this will not be taken to be a formal waiver of First Round Exchange’s rights and that those rights or remedies will still be available to First Round Exchange.

e. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

f. You acknowledge and agree that each member of the group of companies of which First Round Exchange is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

17. Definitions

a. By "First Round Exchange" we mean the features and services we make available, including through (a) our website at www.firstroundx.com, www.playthedraft.com and any other First Round Exchange-branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); and (b) other media, software (such as a toolbar), devices, or networks now existing or later developed.

b. By "us," "we" and "our" we mean First Round Exchange LLC and its affiliates.

c. By "information" we mean facts and other information about you, including actions you take.

d. By "content" we mean anything you post on First Round Exchange that would not be included in the definition of "information."

e. By "data" we mean content and information that third parties can retrieve from First Round Exchange.

f. By "post" we mean post on First Round Exchange or otherwise make available to us (such as by using an application).

g. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

h. By "active registered user" we mean a user who has logged into First Round Exchange at least once in the previous 30 days.

i. By "application" we mean any application or website that that receives data from First Round Exchange.

You may also want to review the following documents:

The Privacy Policy is designed to help you understand how we collect and use information.

How to Report Claims of Intellectual Property Infringement

How to Appeal Claims of Copyright Infringement

How to Play with Contest Rules posted at www.playthedraft.com

First Round Exchange’s Privacy Policy

We want to earn your trust by being transparent about how First Round Exchange works. You should read this policy in its entirety, but should pay particular attention to these highlights:

First Round Exchange is a service for playing fantasy sports games. It is not just an informational website. If users are required to provide some personal information in order to register, that information will only be used in accord with this privacy policy.

Certain categories of information such as your name, profile photo, the photos and comments attributed to you, your geographic region, and the celebrities you follow are considered publicly available to everyone.

We will not share your information with advertisers without your consent. If and when First Round Exchange is supported by advertisers, we may allow advertisers to select characteristics of users they want to show their advertisements to and we use the information we have collected to serve those advertisements.

This policy contains eight sections, and you can jump to each by selecting the links below:

1. Introduction

2. Information We Receive

3. Information You Share With Third Parties

4. How We Use Your Information

5. How We Share Information

6. How You Can View, Change, or Remove Information

7. How We Protect Information

8. Other Terms

1. Introduction

Questions. If you have any questions or concerns about our privacy policy, contact our privacy team at [privacy@FirstRoundExchange.com].

Scope. This privacy policy covers all of First Round Exchange. It does not, however, apply to entities that First Round Exchange does not own or control, such as First Round Exchange-enhanced applications and websites. By using or accessing First Round Exchange, you agree to our privacy practices outlined here.

No information from children under age 14. If you are under age 14, please do not attempt to register for First Round Exchange or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under age 14, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 14, please contact us at Privacy.FirstRoundExchange@gmail.com.

Parental participation. We strongly recommend that minors 14 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet and we encourage parents to teach their children about safe internet use practices.

2. Information We Receive

Information you provide to us:

Personal information. When you sign up for First Round Exchange you may provide us with your name, email, gender, and birth date among other information. During the registration process we give you the opportunity to provide additional profile information and to add a picture of yourself. In some cases we may ask for additional information for security reasons or to provide specific services to you. Once you register you can visit your profile at any time to add or remove personal information about yourself.

Content. One of the primary reasons people use First Round Exchange is to share content with others. Examples include posting profile and sports related photos and sharing comments and news about athletes and sports relevant to games offered by First Round Exchange. If you do not want us to store metadata associated with content you share on First Round Exchange (such as photos), please remove the metadata before uploading the content.

Transactional Information. If participating in a premium services offered by First Round Exchange, we may retain the details of transactions or payments you make on First Round Exchange. However, we will only keep your payment source account number with your consent.

Location Information. When you share your location with others or add a location to something you post, we treat that like any other content you post. If we offer a service that supports this type of location sharing we will present you with an opt-in choice of whether you want to participate.

Information we collect when you interact with First Round Exchange:

Site activity information. We keep track of the actions you take on First Round Exchange, such as using a certain feature of a game or news, comments and otherwise using the service. In some cases you are taking an action when you provide information or content to us.

Access Device and Browser Information. When you access First Round Exchange from a computer, mobile phone, or other device, we may collect information from that device about your browser type, location, and IP address, as well as the pages you visit.

Cookie Information. We may use "cookies" (small pieces of data we store for an extended period of time on your computer, mobile phone, or other device) to make First Round Exchange easier to use, to make our advertising better, and to protect both you and First Round Exchange. For example, we use them to store your login ID (but never your password) to make it easier for you to login whenever you come back to First Round Exchange. We also use them to confirm that you are logged into First Round Exchange, and to know when you are interacting with First Round Exchange and our advertisements. You can remove or block cookies using the settings in your browser, but in some cases that may impact your ability to use First Round Exchange.

Information we receive from third parties:

Information from other websites. We may institute programs with advertising partners and other websites in which they share information with us:

- We may ask advertisers to tell us how our users responded to the ads we showed them (and for comparison purposes, how other users who didn’t see the ads acted on their site). This data sharing, commonly known as “conversion tracking,” helps us measure our advertising effectiveness and improve the quality of the advertisements you see.

- We may receive information about whether or not you’ve seen or interacted with certain ads on other sites in order to measure the effectiveness of those ads.

If in any of these cases we receive data that we do not already have, we will “anonymize” it within 180 days, meaning we will stop associating the information with any particular user. If we institute these programs, we will only use the information in the ways we explain in the “How We Use Your Information” section below.

Information from other users. We may collect information about you from other First Round Exchange users, such as when another user references you in a posted comment.

3. Information You Share With Third Parties

We take steps to ensure that others use information that you share on First Round Exchange in a manner consistent with this policy, but we cannot guarantee that they will follow our rules. Read the following section to learn more about how you can protect yourself when you share information with third parties.

- Even after you remove information from your profile or delete your account, copies of that information may remain viewable elsewhere to the extent it has been shared with others or it was copied or stored by other users.

- You understand that information might be re-shared or copied by other users.

- Certain types of communications that you send to other users may not be subject to removal, including photos and comments.

- If you use an external source to publish information to First Round Exchange (such as a mobile application), you should check the privacy setting for that post on that external source.

All Information Public by Default. If provided the opportunity to post information on First Round Exchange, any information you post is considered to be publicly available information by default, may be accessed by everyone on the Internet (including people not logged into First Round Exchange), is subject to indexing by third party search engines, may be associated with you outside of First Round Exchange (such as when you visit other sites on the internet), and may be imported and exported by us and others without privacy limitations. We have no control over the use of this information outside First Round Exchange.

You should always review the policies of third party applications and websites to make sure you are comfortable with the ways in which they use information you share with them. We do not guarantee that they will follow our rules.

Exporting Information. You (and those you make your information available to) may use tools like RSS feeds, mobile phone address books, or copy and paste functions, to capture and export information from First Round Exchange, including your information and information about you.

Advertisements. Sometimes the advertisers who may present ads on First Round Exchange use technological methods to measure the effectiveness of their ads and to personalize advertising content. Some advertisers may permit you to opt out on their sites. You may also use your browser cookie settings to limit or prevent the placement of cookies by advertising networks.

Links. When you click on links on First Round Exchange you may leave our site. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements.

4. How We Use Your Information

We use the information we collect to try to provide a safe, efficient, and customized experience. Here are some of the details on how we do that:

To manage the service. We use the information we collect to provide our services and features to you, to measure and improve those services and features, and to provide you with customer support. We use the information to prevent potentially illegal activities, and to enforce our Statement of Rights and Responsibilities. For example, we ask for your date of birth to verify that you are over age 13 and so that we can better limit your access to content and advertisements that are not age appropriate. We also use a variety of technological systems to detect and address anomalous activity and screen content to prevent abuse such as spam. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users.

To contact you. We may contact you with service-related announcements from time to time. We may include content you see on First Round Exchange in the emails we send to you.

To serve personalized advertising to you. We don’t share your personally identifiable information with advertisers without your consent. (An example of consent would be if you asked us to provide your shipping address to an advertiser to receive a free sample.) We allow advertisers to choose the characteristics of users who will see their advertisements and we may use any of the non-personally identifiable attributes we have collected (including information you may have decided not to show to other users, such as your birth year or other sensitive personal information or preferences) to select the appropriate audience for those advertisements. Even though we do not share your information with advertisers without your consent, when you click on or otherwise interact with an advertisement there is a possibility that the advertiser may place a cookie in your browser and note that it meets the criteria they selected.

To supplement your profile. We may use information about you that we collect from other First Round Exchange users to supplement your profile (such as how the community views the comments and photos you post).

To make Suggestions. We use your profile information, the addresses you import through our contact importers, and other relevant information, to help you find relevant content on First Round Exchange.

Downloadable Software. Certain downloadable software applications and applets that we may offer transmit data to us. We may not make a formal disclosure if we believe our collection of and use of the information is the obvious purpose of the application, such as the fact that we receive your comments when you use a comment uploader. If we believe it is not obvious that we are collecting or using such information, we will make a disclosure to you the first time you provide the information to us so that you can decide whether you want to use that feature.

5. How We Share Information

First Round Exchange is about sharing information with others. We share your information with third parties only when we believe the sharing is permitted by you, reasonably necessary to offer our services, or when legally required to do so. For example:

When you make a payment. If payment is required, when you enter into transactions with others or make payments on First Round Exchange, we will only share transaction information with those third parties necessary to complete the transaction and will require those third parties to agree to respect the privacy of your information.

When you invite a friend to join. When you ask us to invite a friend to join First Round Exchange, we will send your friend a message on your behalf using your name. We may also send reminders to them in your name. If your friend does not want us to keep their information, we will remove it at their request on this help page.

To help others find you. By default, we make certain information you have posted to your profile available in search results on First Round Exchange to help others find you. We also partner with email and instant messaging providers to help their users identify which of their contacts are First Round Exchange users, so that we can promote First Round Exchange to those users.

To give search engines access to publicly available information. We may allow search engines to access publicly available information on First Round Exchange.

To help improve or promote our service. Sometimes we share aggregated information with third parties to help improve or promote our service. But we only do so in such a way that no individual user can be identified or linked to any specific action or information.

To provide you with services. We may provide information to service providers that help us bring you the services we offer. For example, we may use third parties to help host our website, send out email updates about First Round Exchange, remove repetitive information from our user lists, process payments, or provide search results or links (including sponsored links). These service providers may have access to your personal information for use for a limited time, but when this occurs we implement reasonable contractual and technical protections to limit their use of that information to helping us provide the service.

To advertise our services. We may ask advertisers outside of First Round Exchange to display ads promoting our services. We may ask them to deliver those ads based on the presence of a cookie, but in doing so will not share any other information with the advertiser.

To offer joint services. We may provide services jointly with other companies. If you use these services, we may share your information to facilitate that service. However, we will identify the partner and present the joint service provider’s privacy policy to you before you use that service.

To respond to legal requests and prevent harm. We may disclose information pursuant to subpoenas, court orders, or other requests (including criminal and civil matters) if we have a good faith belief that the response is required by law. This may include respecting requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law under the local laws in that jurisdiction, apply to users from that jurisdiction, and are consistent with generally accepted international standards. We may also share information when we have a good faith belief it is necessary to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating our Statement of Rights and Responsibilities. This may include sharing information with other companies, lawyers, courts or other government entities.

Transfer in the Event of Sale or Change of Control. If the ownership of all or substantially all of our business changes, we may transfer your information to the new owner so that the service can continue to operate.

6. How You Can View, Change, or Remove Information

Viewing and editing your profile. You may change or delete your profile information at any time by going to your profile page and clicking “Edit My Profile.” Information will be updated immediately. While you cannot delete your date of birth, you can use the setting on the info tab of your profile information page to hide all or part of it from other users.

Deactivating or deleting your account. If you want to stop using your account you may deactivate it or delete it. When you deactivate an account, no user will be able to see it, but it will not be deleted. We save your profile information in case you later decide to reactivate your account. Many users deactivate their accounts for temporary reasons and in doing so are asking us to maintain their information until they return to First Round Exchange. You will still have the ability to reactivate your account and restore your profile in its entirety. When you delete an account, it is permanently deleted. You should only delete your account if you are certain you never want to reactivate it.

Limitations on removal. Even after you remove information from your profile or delete your account, copies of that information may remain viewable elsewhere to the extent it has been shared with others, it was otherwise distributed, or it was copied or stored by other users. Comments, photos and other information you previously posted will also be publicly available and will remain attributed to you. Additionally, we may retain certain information to prevent identity theft and other misconduct even if deletion has been requested.

Backup copies. Removed and deleted information may persist in backup copies for up to 90 days, but will not be available to others.

Non-user contact information. If a user provides your email address to us, and you are not a First Round Exchange user but you want us to delete your address, you can do so by contacting us [firstroundx@firstroundx.com]. However, that request will only apply to addresses we have at the time of the request and not to any addresses that users provide to us later.

7. How We Protect Information

We do our best to keep your information secure, but we need your help.

Steps we take to keep your information secure. We keep your account information on a secured server behind a firewall. When you enter sensitive information (such as credit card numbers and passwords), we may encrypt that information using secure socket layer technology (SSL). We also may use automated and social measures to enhance security, such as analyzing account behavior for fraudulent or otherwise anomalous behavior, may limit use of site features in response to possible signs of abuse, may remove inappropriate content or links to illegal content, and may suspend or disable accounts for violations of our Statement of Rights and Responsibilities.

Risks inherent in sharing information. Please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you share your information. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on First Round Exchange will not become publicly available. We are not responsible for third party circumvention of any security measures on First Round Exchange. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.

Report Violations. You should report any security violations to us at Privacy.FirstRoundExchange@gmail.com.

8. Other Terms

Changes. We may change this Privacy Policy pursuant to the procedures outlined in the First Round Exchange Statement of Rights and Responsibilities. Unless stated otherwise, our current privacy policy applies to all information that we have about you and your account. If we make changes to this Privacy Policy we will notify you by publication here.

Consent to Collection and Processing in the United States. By using First Round Exchange, you consent to having your personal data transferred to and processed in the United States.

Defined Terms. "Us," "we," "our," "Platform" and "First Round Exchange" mean the same as they do in the Statement of Rights and Responsibilities. “Information” and “content” are used more generally and interchangeably here than in the Statement of Rights and Responsibilities unless otherwise limited by the context.

IP Policy

How to Report Claims of Intellectual Property Infringement

First Round Exchange is committed to protecting the intellectual property of third parties. On this page, rights holders will find information regarding how to report copyright and other intellectual property infringements by users posting content on our website, and answers to some frequently asked questions regarding our policies.

If you are a user concerned about the removal of your content, you may file a counter-notice. You can do so through the email notification you received, or in the warning at the top of your home page.

How to report claims of copyright infringement by users

To report a copyright infringement by a First Round Exchange user, all you need to do is fill out an automated DMCA form if offered. If you prefer, you can also send a DMCA notice to our designated agent (information below).

DMCA Notice of Copyright Infringement

Name:

Mailing Address:

Telephone:

E-Mail:

(Note that we routinely provide your contact information to the user that posted the content you are reporting)

Identify the copyrighted work that you claim has been infringed.

Identify the content on our site that you claim infringes your copyright.

Where does the infringing content appear on our site? Please provide URLs to help us locate the content you are reporting.

How does the content infringe your rights?

By submitting this notice, I declare that I have a good faith belief that use of the copyrighted content described above, in the manner I have complained of, is not authorized by the copyright owner, its agent, or the law. I also declare that the information in this notice is accurate. And finally, I declare under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.

Valid signature must follow declaration.

How to report other claims of intellectual property infringement by users

If you wish to report other claims of intellectual property infringement (i.e. non-copyright) by a First Round Exchange user, all you need to do is fill out an automated IP infringement form if offered or, if you prefer, fill out and mail in a notice containing all the information required in our automated IP infringement form below:

Notice of Intellectual Property Infringement (Non-Copyright Claim)

Name:

Mailing Address:

Telephone:

E-Mail:

(Note that we routinely provide your contact information to the user that posted the content you are reporting)

What are the rights infringed?

Are you the owner of such rights or a person legally authorized to act on behalf of the owner? Yes or No answer only.

Where does the infringing content appear on the First Round Exchange site? Please include the URLs.

How does the content infringe your rights?

By submitting this notice, I declare under penalty of perjury that all of the information contained in this notice is accurate and that the use of my intellectual property described above, in the manner I have complained of, is not authorized by the rights owner, its agent, or the law.

Include valid signature after declaration.

How to Appeal Claims of Copyright Infringement

First Round Exchange respects the copyrights of others, and we prohibit users from uploading, posting or otherwise transmitting on the First Round Exchange website any materials that violate another party's copyrights. Among other things, this means that we remove content that is reported to us pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), also known as the DMCA.

However, while First Round Exchange does not tolerate copyright infringement, we also do not tolerate false claims of infringement. If you believe that content that you posted on the site was removed by mistake, you can file a DMCA counter-notice. So long as everything appears to be in order with your counter-notice, we will forward it to the complaining rights owner. The DMCA then allows us to restore your content if the rights owner does not file a court action against you within 10 business days of receiving the copy of your counter-notice.

Please be aware that the DMCA makes users liable for materially misrepresenting in a counter-notice that their content was removed by mistake. Therefore, if you are not confident of your claims, we suggest you seek legal advice before filing a DMCA counter-notice with us.

DMCA Counter-Notice (for copyright claims only)

Name:

Mailing Address:

Telephone:

E-Mail:

(Note that we may provide this email address to the complaining rights owner)

What was the content that we removed or disabled by mistake?

Where did that content appear on the First Round Exchange site? Please include the URL if you know it.

Why did we make a mistake in removing the content?

By submitting this counter-notice, you:

consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, for any judicial district in which First Round Exchange LLC may be found.

agree to accept service of process from the party who reported your content, or that party's agent.

state under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification.

Valid Signature

Frequently Asked Questions

What happens after I send the report?

We will make every effort to review your report as quickly as we can. So long as everything appears to be in order, we will promptly remove or disable access to the content. We will also notify the user and, if requested, provide your report to the user. We will terminate repeat infringers when appropriate.

What is the contact information for your DMCA designated agent?

Please keep in mind that the fastest way to send our designated agent a DMCA notice of copyright infringement is by using an automated form if one is offered. Nevertheless, if you wish to contact our designated agent through traditional (and slower) methods, the contact information for our designated agent is:

First Round Exchange, Inc.

Attn: First Round Exchange Designated Agent

8530 Windy Oaks Cover

Germantown, TN 38139

IP.FirstRoundExchange@gmail.com

Can I report the infringement of someone else's intellectual property rights?

If you are not the IP owner (or the authorized representative of the owner) you cannot report a suspected infringement to us. If you believe that content on the First Round Exchange website violates another party's IP, you should advise the rights owner directly.

What should I do if someone is pretending to be me?

If someone has created an account to impersonate or imitate you, please notify us at Privacy.FirstRoundExchange@gmail.com and add "Impersonating me or someone else" in the subject line. Be sure to add valid web addresses (URL) showing us your profile and the imposter’s profile or posts.