ATOMIC MOGULS, INC.

Website "Terms of Service"

The terms and conditions listed below (the "Agreement") shall govern your use of this website of Atomic Moguls, Inc. ("Moguls"). These provisions affect your legal rights and remedies, so please read them carefully.

Your use of the website shall indicate your consent to be legally bound by, and comply with, all of the following terms and conditions. By using the website, you represent and warrant that you have full right, power, and authority to execute, deliver, and fully perform your duties under this Agreement.

I. Use Of Website

You agree to use the website only in compliance with this Agreement and applicable law, and in a manner that does not violate the legal rights of Moguls or any third party. Please report any legal violations to us at Legal@FantasyMoguls.com.

Without limiting the generality of the foregoing, you specifically agree not to do the following in connection with this website:

• provide or deliver any messages that are unlawful, harmful, threatening, abusive, harassing, tortious, indecent, defamatory, vulgar, profane, obscene, libelous, invasive of privacy, infringing on the rights of others, hateful, or otherwise objectionable

• "stalk" or harass other users or persons

• harm minors in any way

• create a false identity or impersonate any person or entity, including without limitation a game official, message board monitor, chat room host, or another user

• falsely state or misrepresent your affiliation with another person or entity

• forge email addresses or otherwise manipulate identifiers in order to disguise the origin of any website content

• access or use the account of another user without permission

• violate any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of an employment, consulting, or nondisclosure agreement)

• violate any applicable law, rule, or regulation (for example, by disclosing or trading on inside information in violation of securities laws, or by betting money on the fantasy game in violation of gambling laws)

• infringe any patent, trademark, trade secret, service mark, copyright, or other intellectual property right of another person

• distribute unsolicited or unauthorized advertising, surveys, contests, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or other messages for any purpose

• distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment

• interfere with, disrupt, or destroy the functionality or use of any website feature by another user

• interfere with, disrupt, or destroy the servers or networks connected to the website, or disobey any rules or regulations applicable to such servers or networks

• "hack" or access without permission the proprietary or confidential records of Moguls, another user, or anyone else

• receive, collect, or store personal information of or concerning other users, such as names, birthdates, or email addresses

Moguls may, at any time in its sole discretion, (i) suspend or terminate your access to and use of the website or any of its features in response to a breach of this Agreement, or for any other reason; (ii) move, edit, delete, or destroy any materials that you provide or deliver to the website; (iii) access, preserve, or disclose any materials that you provide or deliver to the website; or (iv) take any other remedial action available at law in response to a breach of this Agreement.

II. Copyrights

Moguls and other parties are the exclusive copyright owners of the website and all works of authorship contained in the website, including without limitation its source code and content. You may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit such materials without the prior written permission of authorized representatives of their copyright owners, unless allowed by applicable law. For permission from Moguls, please email us at Legal@FantasyMoguls.com.

Any authorized use or exploitation of the website materials must prominently display the proper copyright notice in the following format: "Copyright © 2007 Atomic Moguls, Inc.. All rights reserved."

III. Trademarks

Moguls and other parties are the exclusive owners of the names, logos, trademarks, service marks, and trade dress displayed on this website (collectively, "Trademarks"). Nothing in this Agreement grants you any rights or license to the Trademarks. Unauthorized use is prohibited.

IV. Infringement

You may report a possible infringement of copyrights, trademarks, or other intellectual property by mailing a letter to the following address:

Atomic Moguls, Inc.
1008 Western Ave., Suite 405
Seattle, WA 98104
Attn: Legal Dept.

In compliance with the federal law of the United States, please include the following in your letter: (i) identification of infringing and infringed materials; (ii) contact information of infringing person; (iii) statement of your good faith belief in the existence of the infringement; (iv) statement indicating the accuracy of the complaint and your authority to submit it; and (v) your physical or electronic signature.

For additional information regarding the enforcement of copyrights, you may review the U.S. Digital Millennium Copyright Act codified at 17 U.S.C. § 512.

V. Submissions

This section applies to the submission of messages, emails, ideas, suggestions, creative material, and information other than personally identifiable information such as names, birthdates, and email addresses (collectively, "Content"). See our Privacy Policy for provisions applicable to personally identifiable information. The Privacy Policy is hereby incorporated into this Agreement.

Moguls does not solicit submissions of Content from users. If you submit any Content, Moguls shall immediately assume exclusive ownership of the Content and not treat it as your confidential or proprietary property.

The Content that you submit shall be deemed a "work made for hire" under the copyright law of the United States and other countries. If such provision is not sufficient to vest exclusive ownership with Moguls, then you hereby agree to transfer all of your ownership rights in the Content to Moguls immediately upon submission. Shall transfer shall be irrevocable, without compensation, and applicable throughout the universe and for perpetuity.

Moguls may, in its sole discretion, elect to use or not use the Content in any product, manner, or medium (whether existing now or in the future), without attribution or payment to you. Moguls shall not be obligated to return any Content to you under any circumstances.

After submitting the Content to Moguls, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content without the prior written permission of an authorized representative of Moguls. For permission, please contact us at Legal@FantasyMoguls.com.

If you submit any Content to Moguls, you represent and warrant that (i) you are the sole author of the Content, and the Content is not copied from or based on, in whole or in part, any other work, except for work in the "public domain" or provided by Moguls; (ii) the use by Moguls of the Content will not violate or infringe any right of you or any third party; and (iii) no pending or threatened claim or legal proceeding exists with respect to the Content.

You hereby authorize Moguls to publish, or authorize others to publish, your name, likeness, voice, and biographical material to the extent that you provide them to Moguls. This authorization is unrestricted, royalty-free, irrevocable, perpetual, universal, and transferable, and applies to any product, manner, or medium (whether existing now or in the future).

VI. Privacy And Security

Please click here to review the Privacy Policy of Moguls.

We make efforts to maintain the security of user submissions. For example, we arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information and conduct our business.

However, Moguls does not guarantee the security of this website, our records, your submissions, or anything else. We disclaim all liability for any computer virus or technological problems that are not intentionally caused by Moguls. You are encouraged to install and maintain up-to-date security software on your computer.

VII. Disclaimer Of Warranties

YOU BEAR THE ENTIRE RISK OF USING THIS WEBSITE AND ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED ON THIS WEBSITE. THIS WEBSITE AND ITS ENTIRE CONTENTS ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

MOGULS MAKES NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THE INFORMATION CONTAINED, OR PRODUCTS OR SERVICES OFFERED, ON THIS WEBSITE. THE INFORMATION MAY CONTAIN ERRORS OR OMISSIONS, FOR WHICH MOGULS EXPRESSLY DISCLAIMS ANY LIABILITY.

VIII. No Professional Advice

The information on this website is provided for general informational purposes only and should not be considered as professional advice or opinions of any kind. Any information regarding economic, business, or financial matters is not intended to, and shall not, constitute investment recommendations or advice. Moguls does not provide investment advisory services to the general public and this website is not intended to solicit investment advisory clients. The website content is not intended for trading or investing purposes. Moguls shall not be responsible or liable for any trading or investment decisions made based on any information contained in this website.

For professional advice or opinions regarding legal, financial, investment, lifestyle, or other matters, you should contact a professional firm or advisor that specializes in the applicable area.

IX. Limitation Of Liability

UNDER NO CIRCUMSTANCES SHALL MOGULS BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED ON THIS WEBSITE, WHETHER THE CLAIM FOR DAMAGES IS BASED ON CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL THE TOTAL LIABILITY OF MOGULS TO YOU EXCEED THE AMOUNT YOU PAID TO MOGULS, IF ANY, FOR THE USE OF THIS WEBSITE.

You agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

In the event of a dispute with Moguls, you may contact the State of California as follows:

Complaint Assistance Unit
Department of Consumer Affairs
400 R St., Suite 1080
Sacramento, California 95814
(916) 445-1254

You may also contact the U.S. Federal Trade Commission.

X. No Liability For Third Parties

Moguls may arrange for unaffiliated third parties to provide services such as programming computer code, writing online content, managing and hosting the website, preparing and providing advertisements, processing purchase orders, and assisting website users. In addition, users other than you may submit emails or messages to the website.

Moguls does not control any such third parties and disclaims any obligation, risk, or liability with regard to their products, services, advertisements, and content appearing on this website. Without limiting the generality of the foregoing, Moguls expressly disclaims any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties. Unless expressly indicated otherwise on this website, Moguls does not endorse, approve, or sponsor any products, services, advertisements, or content of third parties.

This website may contain links to websites of unaffiliated third parties. Moguls has no control over the content of such websites and disclaims any obligation, risk, or liability with regard to the websites. Moguls does not endorse, approve, or sponsor those websites or their sponsors.

XI. Miscellaneous

A. Indemnity

You agree to indemnify, defend, and hold harmless Moguls and its affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) related to (i) your use of this website, or products or services included or advertised on the website; or (ii) your breach of this Agreement.

B. Interpretation

The section and subject headings in this Agreement are included for reference only and shall not be used to interpret any provisions of this Agreement. This Agreement shall not be construed against Moguls on the grounds that Moguls conducted or arranged for the drafting of the Agreement.

C. Dispute Resolution

Any controversy or claim relating to this Agreement or website shall be (i) submitted to the judicial courts located in Los Angeles County in California; and (ii) governed exclusively by the laws of California and the United States. You consent to the exclusive jurisdiction of those courts. You must commence any legal action against Moguls within one (1) year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence. YOU HEREBY WAIVE YOUR RIGHTS TO A JURY TRIAL AND PARTICIPATION IN ANY CLASS ACTION AGAINST MOGULS.

D. Severability

If any provision of this Agreement is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from this Agreement, and the remainder of the Agreement shall continue in full force and effect.

E. Complete Agreement

This Agreement constitutes the complete agreement of you and Moguls regarding this website. Moguls may, from time to time in its sole discretion, modify, amend, suspend, or terminate the website or this Agreement. Any modifications, amendments to, or waivers of the Agreement by Moguls shall be valid only if made in writing. Your use of the website following the effective date of any changes to the website or Agreement shall constitute your acceptance of the changes. Moguls may, at any time in its sole discretion, assign this Agreement to another person, and any such assignment shall release Moguls from any further liability under the Agreement.