Down The Shore, a New Jersey-based corporation (the “Company,” “we,” “us,” or “our”), facilitates access to certain websites, applications, software, content, and related products and services (collectively, the “Services”), including those made available through or associated with the College Football Commission (“CFC”) brand. The CFC platform (the “Website”) is owned and operated by the Company and may be branded as College Football Commission, CFC, or any other brand owned or licensed by the Company.

Please review these Terms of Use (“Terms”) carefully. Our Services, including all content, features, and functionality, are provided for your personal, non-commercial use, entertainment, and enjoyment. By using our Services, you agree to be bound by and remain in compliance with these Terms and any additional terms and conditions set forth by the Company.

Agreement

A. (Contract) These Terms are a contract between you and the Company (“Agreement”). This Agreement is binding, enforceable, and excludes any third-party beneficiaries unless explicitly stated otherwise.

B. (Agreement) When you download, install, access, or use our Services through the use of a computer, mobile device, or other technology (each, a “Device”), you are confirming that you have read and fully understand this Agreement and the Privacy Notice. In doing this, you agree to abide by the current terms of the Agreement, any future changes to the Agreement, and to comply with all relevant laws, rules, and regulations (collectively, “Applicable Law”).

C. (Amendments) The Company reserves the right to amend this Agreement at any time. Any changes will be effective as soon as they are posted on the applicable Service. If you continue to use the Services after such updates, your use constitutes acceptance of the modified terms. It is your responsibility, and our recommendation, that you review this Agreement regularly to ensure you are aware of any updates and remain in compliance with this Agreement.

D. (Supplemental Terms) Your use of certain Services may be subject to additional terms and conditions specific to those Services (“Supplemental Terms”), which may include, without limitation, requirements for software downloads, participation in contests, sweepstakes, promotions, or other activities, as well as limitations on the availability of certain content, products, programs, or merchandise. These Supplemental Terms are supplementary to this Agreement and, in the event of any conflict, will take precedence with respect to the specific subject matter they govern. This Agreement serves as the governing document for the Services in general, but specific Services may have their own Supplementary Terms. These could apply to particular territories, age-specific conditions, or distinct features such as software or applications. If any conflict arises between the general Agreement and any Supplemental Terms, the Supplemental Terms will govern the related subject matter. By accessing or using such Services, you agree to comply with both this Agreement and any applicable Supplemental Terms. If you disagree with any Supplemental Terms, you are not permitted to access or use the relevant Service.

E. (Failure To Comply) If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you are not authorized to download, install, access, or otherwise use, and must discontinue use of, all Services immediately.

F. (Termination) The Company may terminate or suspend your access to the Services, or terminate this Agreement, at any time, with or without notice, and for any reason or no reason at all, at the Company’s sole discretion. You may also terminate your use of the Services at any time by ceasing to access or use the Services. Upon termination of your access or registration, these Terms shall remain in effect with respect to any prior use of the Services. The Company may also terminate or suspend access, or terminate this Agreement, if required by law, or if the Company has reasonable grounds to believe you have violated any provision of this Agreement or any applicable supplemental terms, including engaging in illegal conduct, infringement, or other misuse of the Services.

Usage

A. (Eligibility) Access to the Services is limited to individuals who are at least 13 years old. By using the Services, you represent and warrant that you meet this minimum age requirement and that your use complies with all applicable laws and regulations. Some areas or features of the Services may require account registration or impose additional eligibility criteria, including age-based restrictions. If registration is required, you agree to provide accurate and current information and to update it as needed. You may be asked to create a username and password, and you are solely responsible for maintaining the confidentiality of your credentials and for any activity that occurs under your account. The Company reserves the right to reject or revoke usernames, suspend or terminate your access, or disable your account if it believes the information you provided is inaccurate, misleading, or violates this Agreement. The Services are operated from the United States and may not be suitable or lawful in other jurisdictions; if you access them from outside the U.S., you do so at your own risk and are responsible for complying with any local laws that may apply.

B. (Account Security) You are solely responsible for safeguarding the confidentiality of your account credentials, including any usernames, passwords, or other login information associated with your access to the Services. Any activity conducted through your account, whether authorized by you or not, will be deemed your responsibility, and you may be held liable for any resulting loss or damage to the Company, its affiliates, or third parties. You must not share your login details with anyone or permit others to access your account, and you agree not to use another person’s account or login credentials under any circumstances. The Company may, but is not obligated to, modify your username or review content associated with your profile, including images, if deemed necessary for compliance with this Agreement. It is your responsibility to monitor and control access to your account and promptly notify the Company of any suspected or actual breach of security, unauthorized use, or compromise of your credentials. Failure to do so may result in account suspension, termination, or legal liability, and you agree to indemnify the Company for any claims arising from your failure to maintain account security.

C. (Changes to Services) The Company may, at its sole discretion and without liability, alter, modify, or suspend the Services, in whole or in part, at any time, whether temporarily or permanently. You agree that neither the Company nor any of its affiliates shall be liable for any such altercation, modification, or suspension of the Services or any related component.

D. (Fees) The Company may, at its sole discretion and without liability, alter, modify, suspend, or discontinue any aspect of a Service, in whole or in part, at any time, whether temporarily or permanently, including the introduction of fees for previously free features, the adjustment of existing charges, or the selective availability of Services to certain users. Should a fee be introduced or modified, the Company will provide advance notice and an opportunity to cancel your access, subscription, or account if you choose not to accept the updated fee terms. Continued use of the Services following such notice constitutes your agreement to the applicable charges. You remain responsible for all fees incurred and agree to pay them as they become due. No refunds or credits will be issued for any unused portion of fees already paid, including in cases where your access is terminated or suspended as a result of your breach of this Agreement or any violation of applicable laws, as determined solely by the Company.

E. (Termination) The Company may, at its sole discretion and without liability, modify, suspend, or permanently discontinue a Service, or any part, feature, or content thereof, whether for maintenance, legal compliance, technical issues, strategic business decisions, or any other reason, with or without prior notice and in whole or in part, at any time, whether temporarily or permanently. This includes restricting access to specific features, limiting availability to certain users or regions, or removing support functionalities altogether. You acknowledge that temporary unavailability of the Services may occur due to routine maintenance, unforeseen technical disruptions, or factors outside the Company’s control. The Company is not liable for any interruption, limitation, or termination of the Services, and no compensation or refund will be provided in connection with any such changes, regardless of whether they impact your ability to access previously available features or content.

Licenses

A. (Proprietary Rights) The Company is the sole, exclusive owner of the titles, rights, and interest of the content provided by the Services, the Services themselves, and the Company’s intellectual property. All content, including but not limited to video and audio elements (including underlying musical compositions), images, photographs, designs, illustrations, animations, artwork, graphics, logos, icons, written works, editorial text, scripts, software, source and object code, databases, metadata, compilations, user interfaces, visual representations, “look and feel”, and all other legally protected property of the Services, (collectively, “Content”), are the intellectual property of the Company or its licensors, protected by copyright, trademark, patent, trade secret, and other applicable laws, including international treaties. All copyrights, trademarks, service marks, trade names, trade dress, patents, and other intellectual property rights in the Services are owned by the Company or its licensors (who may be third-party beneficiaries of this Agreement).

B. (Consumer License) You are granted a limited, non-sublicensable, non-transferable, non-exclusive license to access and display or perform the Content provided by the Services and the Services themselves for personal, non-commercial use, strictly in accordance with this Agreement. Any other use of the Content, including but not limited to copying, downloading, streaming, capturing, reproducing, modifying, transmitting, distributing, deep-linking, framing, or broadcasting, is prohibited unless explicitly authorized by the Company or permitted within the Services. The Company, its licensors, or its assignors retain all rights, title, and interest in and to the Content, and any unauthorized use is a violation of this Agreement and applicable intellectual property laws. This license is an agreement, is not for sale, and does not grant you any rights to our Services. The Services may not be used or exploited in any manner other than as they are intended and allowed to be used. Additionally, the purchase of a license does not transfer any amount of ownership or rights of Services, Content, or other property of the Company to the purchaser. If a Service is referenced, it many not be displayed in a manner, whether explicit or implicit, that represents support, endorsement, partnership, or sponsorship of the Services, Content, brands, or other property of the Company including but not limited its respective officers, shareholders, directors, employees, or licensors.

Conduct

A. (Restrictions) You agree not to, and will not attempt to, directly or indirectly:

1. Use the Services for any unlawful purpose or in violation of any applicable law, regulation, court order, or governmental directive;
2. Interfere with, bypass, disable, or tamper with any digital rights management system, access control, encryption, or other content protection mechanisms used in or by the Services;
3. Copy, reproduce, download, capture, archive, or create derivative works from any portion of the Services or the Content therein, except as expressly permitted by law or with prior written authorization from the Company;
4. Exploit or commercialize the Services, in whole or in part, including by incorporating them into a product, platform, or business model, whether for profit or otherwise;
5. Bypass, interfere with, or undermine any of the technical limitations, features, or safeguards embedded in the Services;
6. Reverse-engineer, disassemble, decompile, translate, or otherwise attempt to derive the source code or underlying structure of the Services or any related software, video players, or technology;
7. Remove, obscure, or alter any copyright, trademark, or other proprietary notices; access, use, or present the Services in a way that implies an affiliation with or endorsement by the Company without express permission;
8. Utilize any automated means, including bots, spiders, scrapers, or scripts, to access, extract, or collect data or Content from the Services, including for the purposes of AI training, dataset creation, or data mining, except where allowed by public search engine guidelines or applicable law;
9. Disrupt, degrade, or overburden the Services or associated networks;
10. Upload or disseminate through the Services any malicious code, viruses, spyware, or other software intended to harm or interfere with devices or systems;
11. Impersonate any person or entity, misrepresent your affiliation, or falsify origin data; solicit personally identifiable information for unlawful or commercial purposes; send unauthorized promotions, advertisements, or solicitations;
12. Post, share, or transmit any Content that is illegal, threatening, harassing, defamatory, invasive of privacy, violent, obscene, or otherwise objectionable, including anything that promotes discrimination, hate speech, or harm toward any group or individual;
13. Engage in unauthorized marketing, advertising, chain letters, or other promotional activities;
14. Harvest user information, Content, or communications for data mining, lead generation, or resale;
15. Forge headers, manipulate metadata, or otherwise disguise the origin of transmissions made via the Services;
16. Interfere with any user’s access, enjoyment, or lawful use of the Services;
17. Submit material you are not legally authorized to disclose, including proprietary, confidential, or insider information subject to contractual or fiduciary obligations; distribute software viruses, spyware, malicious code, or other tools intended to interfere with or damage any software, hardware, or telecommunications systems; or
18. Assist or encourage any third party to engage in any of the prohibited conduct described above;

B. (Enforceability) This Agreement constitutes the full and exclusive understanding between you and the Company regarding your use of the Services and overrides any prior agreements or communications related to the same subject matter. No oral statements or informal communications shall modify its terms unless expressly permitted herein. If any portion of this Agreement is determined to be unlawful, invalid, or otherwise unenforceable, that portion shall be interpreted, to the extent possible, to reflect the original intent of the parties, or if necessary, severed from the Agreement without affecting the enforceability of the remainder. Any provision that, by its nature or express terms, is intended to survive termination, including, without limitation, those relating to intellectual property, disclaimers, limitations of liability, dispute resolution, and rights granted to the Company, shall continue to apply even after your access to the Services ends. The Company’s decision not to enforce any part of this Agreement at any time shall not be deemed a waiver of any future rights or provisions.

User Content

A. (Proprietary Rights) You retain full ownership of any content, such as text, images, videos, audio, or other materials, that you submit, upload, share, or otherwise make available through the Services (“User Content”), excluding any content owned or controlled by the Company or its affiliates. Nothing in this Agreement transfers title or proprietary interest in your User Content to the Company. By submitting User Content, you affirm that you either own the material or have all necessary rights and permissions to grant the licenses described in this Agreement, and that your content does not infringe on the rights of any third party, including privacy, intellectual property, or contractual rights. You further agree that these representations will remain accurate for as long as your content is accessible through the Services. You are solely responsible for any claims, royalties, fees, or obligations arising from the use of your content and agree to cover any liabilities that may result from violations of these terms.

B. (User Content License) By making User Content available through our Services, you grant the Company, along with its affiliates, licensees, and authorized third parties, a global, irrevocable, perpetual, non-exclusive, fully paid, royalty-free license to access, use, host, copy, reproduce, display, distribute, adapt, edit, translate, and create derivative works from your content, whether in full or in part, at any time, for any purpose, including commercial, marketing, promotional, or operational uses, across all current and future media or formats. This license also includes the right to use your name, likeness, or other personal attributes contained in the content and the right to sublicense, assign, or authorize others to exercise these rights on its behalf, without the need to notify or compensate you. Any license rights begin immediately upon submission of the content and will continue indefinitely, regardless of whether you later deactivate your account or cease using the Services. Even if you remove your User Content from public view or delete your account, copies may continue to exist in backups or archives, and any uses made before deletion may continue. The Company is not responsible for the ongoing use of your content by third parties who accessed or stored it prior to its removal.

C. (Limited Liability) The Company is not responsible for screening, monitoring, verifying, or evaluating User Content, and makes no representations regarding its accuracy, legality, or appropriateness. We reserve the right, at our sole discretion and without obligation, to access, review, refuse, remove, restrict, or disable access to any User Content at any time, for any reason or no reason, without notice. You understand and agree that the Company is under no obligation to host, store, maintain, or back up any User Content you provide. Your use of or reliance on any User Content available through the Services is at your own risk, and the Company disclaims all liability arising from or related to such content, whether created by you, other users, or third parties.

Third-Party Services

A. (Services and Links) Services may include links to or integrations with websites, software, content, platforms, or other offerings operated or controlled by third parties (“Third-Party Services”). These links or references are provided for convenience only and do not imply any endorsement, affiliation, sponsorship, or approval by the Company, regardless of whether Company branding appears alongside such content. Your interactions with Third-Party Services are solely between you and the applicable third party, and any data or personal information you provide to such parties is subject to their individual privacy practices and terms, not those of the Company. We strongly recommend reviewing the policies and reputation of any third party before engaging with their services or submitting personal information. The Company makes no promises regarding the accuracy, completeness, reliability, or safety of any Third-Party Service or the conduct of its operators, and disclaims all responsibility for any issues, including privacy violations, content errors, or harmful effects, that may arise from your use of or reliance on them.

B. (Technology Requirements) To use certain aspects of the Services or content, you may need to access them through third-party Devices, networks, software platforms, or digital storefronts provided by third-party operators, and it is your responsibility to ensure that your setup meets any applicable technical or system requirements. This includes, but is not limited to, compatibility with supported operating systems, internet connectivity, software updates, and security settings. The Company is not liable for service interruptions, performance limitations, or inability to access Services due to incompatible or non-compliant Devices or configurations. You are also responsible for any data charges, subscription fees, or other costs associated with accessing the Services through your Device or third-party networks. Additionally, advertisements for third-party products or services may appear within the Services, but the Company does not review, endorse, or guarantee such ads or the quality or safety of the goods and services they promote. If you use the Services while connected to a mobile network, your carrier’s standard charges for data usage, messaging, and related services may apply, including any roaming fees where applicable. Some Services may be subject to limitations imposed by your mobile provider, and certain features may not function properly, or at all, depending on your Device model or network compatibility.

Unsolicited Information

A. (Unsolicited Submissions) We ask that you do not send us any unsolicited ideas, proposals, creative works, business concepts, or suggestions, whether related to our offerings, strategy, or operations, via the Services or by any other means. If you choose to do so despite this request, you acknowledge and agree that such submissions are made without any expectation of confidentiality, compensation, credit, or review, and that no fiduciary, contractual, or other relationship is created as a result. By submitting unsolicited material, you grant the Company and its affiliates a global, irrevocable, perpetual, non-exclusive, fully paid, royalty-free license to use, reproduce, modify, adapt, translate, display, publish, distribute, perform, and create derivative works from that content in whole or in part, at any time, in any medium or format now known or later developed, for any purpose, commercial or otherwise, without further notice or obligation to you. You also waive any right to assert claims related to such materials, including those involving compensation, attribution, confidentiality, or intellectual property.

Limitation on Liability

A. (Disclaimers) The Services, including all Content, features, functionality, and any related materials, are provided “as is” and “as available,” without warranties of any kind, either express or implied. To the fullest extent permitted by law, the Company disclaims all warranties, representations, and conditions, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no guarantees that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components, nor do we warrant the accuracy, completeness, or reliability of any information or content provided through the Services. Your use of the Services is entirely at your own risk, and you are solely responsible for any damage to your Device or data loss that may result.

B. (Limited Liability) To the fullest extent permitted by applicable law, the Company, along with its officers, shareholders, directors, employees, or licensors, will not be responsible or liable for any indirect, incidental, consequential, special, exemplary, or punitive damages that arise out of or relate to your access to or use of the Services. This includes, without limitation, any loss of profits, data, business, reputation, or other intangible losses, regardless of whether such damages were foreseeable or whether the Company was advised of the possibility of such damages. The Company’s total cumulative liability for any claims related to the Services will be limited to the extent legally allowed and will not exceed an amount deemed reasonable in light of the circumstances. This limitation applies regardless of the legal theory under which liability is asserted, whether based in contract, tort, negligence, strict liability, or otherwise. In jurisdictions where the exclusion of specific warranties or limitations on damages is not permitted, some of the limitations described herein are not applicable. Nothing in this Agreement is intended to exclude or limit liability in situations where such exclusion or limitation would be unlawful, including, but not limited to, liability for death or personal injury caused by negligence, fraud, or intentional misrepresentation.

Jurisdiction

A. (United States of America) The Services are controlled and operated by the Company from within the United States and are intended for use by individuals located within U.S. jurisdictions. We make no representation that the Services are appropriate, available, or legally permissible for use in other locations. If you access or use the Services from outside the United States, you do so voluntarily and at your own risk, and you are solely responsible for complying with all applicable local laws and regulations. By using the Services, you agree that any dispute arising out of or related to these Terms or your use of the Services will be governed by and construed in accordance with the laws of the United States and, specifically, the laws of the state designated by the Company, without regard to any conflict of law provisions.