SPORTS TV INSIDER, LLC
TERMS OF USE
ACCEPTANCE OF TERMS
SPORTS TV INSIDER, LLC ("SPORTS TV INSIDER") welcomes you. SPORTS TV
INSIDER provides its service to you subject to the following Terms of
Service ("TOS"), which may be updated by us from time to time without
notice to you. You can review the most current version of the TOS at any
time at: www.sportstvinsider.com . In addition, when using particular
SPORTS TV INSIDER owned or operated services, you and SPORTS TV INSIDER
shall be subject to any posted guidelines or rules applicable to such
services, which may be posted from time to time. All such guidelines or
rules (including but not limited to our Spam Policy) are hereby
incorporated by reference into the TOS. SPORTS TV INSIDER may also offer other
services that are governed by different Terms of Service.
DESCRIPTION OF SERVICE
SPORTS TV INSIDER provides users with access to a rich collection of
resources, including search services, personalized content and branded
programming through its network of properties which may be accessed
through any various medium or device now known or hereafter developed (the
"Service"). You also understand and agree that the Service may include
advertisements and that these advertisements are necessary for SPORTS TV
INSIDER to provide the Service. You also understand and agree that the
Service may include certain communications from SPORTS TV INSIDER,
such as service announcements, administrative messages and the SPORTS TV
INSIDER Newsletter, and that these communications are considered part of
SPORTS TV INSIDER membership and you will not be able to opt out of
receiving them. Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, including the release of new
SPORTS TV INSIDER properties, shall be subject to the TOS. You
understand and agree that the Service is provided "AS-IS" and that SPORTS TV
INSIDER assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or personalization
settings. You are responsible for obtaining access to the Service, and that
access may involve third-party fees (such as Internet service provider
or airtime charges). You are responsible for those fees, including
those fees associated with the display or delivery of advertisements. In
addition, you must provide and are responsible for all equipment
necessary to access the Service.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are
of legal age to form a binding contract and are not a person barred
from receiving services under the laws of the United States or other
applicable jurisdiction. You also agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the
Service's registration form (the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or SPORTS TV INSIDER has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or
incomplete, SPORTS TV INSIDER has the right to suspend or terminate
your account and refuse any and all current or future use of the Service
(or any portion thereof).
USER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining
the confidentiality of the password and account and are fully responsible
for all activities that occur under your password or account. You
agree to (a) immediately notify SPORTS TV INSIDER of any unauthorized use
of your password or account or any other breach of security, and (b)
ensure that you exit from your account at the end of each session. SPORTS
TV INSIDER cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section 5.
INDEMNITY
You agree to indemnify and hold SPORTS TV INSIDER and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors
harmless from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of Content you submit, post,
transmit or otherwise make available through the Service, your use of
the Service, your connection to the Service, your violation of the TOS,
or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service (including
your SPORTS TV INSIDER ID), use of the Service, or access to the
Service.
MODIFICATIONS TO SERVICE
SPORTS TV INSIDER reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice. You agree that SPORTS TV
INSIDER shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
TERMINATION
You agree that SPORTS TV INSIDER may, under certain circumstances and
without prior notice, immediately terminate your SPORTS TV INSIDER
account, any associated email address, and access to the Service. Cause for
such termination shall include, but not be limited to, (a) breaches or
violations of the TOS or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies, (c) a
request by you (self-initiated account deletions), (d) discontinuance or
material modification to the Service (or any part thereof), (e)
unexpected technical or security issues or problems, (f) extended periods of
inactivity, (g) engagement by you in fraudulent or illegal activities,
and/or (h) nonpayment of any fees owed by you in connection with the
Services. Termination of your SPORTS TV INSIDER account includes (a) removal
of access to all offerings within the Service, (b) deletion of your
password and all related information, files and content associated with
or inside your account (or any part thereof), and (c) barring of further
use of the Service. Further, you agree that all terminations for cause
shall be made in SPORTS TV INSIDER's sole discretion and that SPORTS
TV INSIDER shall not be liable to you or any third party for any
termination of your account, any associated email address, or access to the
Service.
SPORTS TV INSIDER'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service or by advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly permitted by applicable law or authorized by SPORTS TV
INSIDER or advertisers, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Service or the
Software, in whole or in part.
SPORTS TV INSIDER grants you a personal, non-transferable and
non-exclusive right and license to use the object code of its Software on a
single computer; provided that you do not (and do not allow any third party
to) copy, modify, create a derivative work from, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell,
assign, sublicense, grant a security interest in or otherwise transfer
any right in the Software. You agree not to modify the Software in any
manner or form, nor to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means other
than through the interface that is provided by SPORTS TV INSIDER for use
in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPORTS TV INSIDER AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SPORTS TV INSIDER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v)
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
SPORTS TV INSIDER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPORTS TV INSIDER AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF SPORTS TV INSIDER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19
AND 20 MAY NOT APPLY TO YOU.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any
news, messages, alerts or other information from the Service concerning
companies, stock quotes, investments or securities, please read the above
Sections 19 and 20 again. They go doubly for you. In addition, for
this type of information particularly, the phrase "Let the investor
beware" is apt. The Service is provided for informational purposes only, and
no Content included in the Service is intended for trading or investing
purposes. SPORTS TV INSIDER and its licensors shall not be responsible
or liable for the accuracy, usefulness or availability of any
information transmitted or made available via the Service, and shall not be
responsible or liable for any trading or investment decisions based on
such information.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS,
there shall be no third-party beneficiaries to this agreement.
NOTICE
SPORTS TV INSIDER may provide you with notices, including those
regarding changes to the TOS, including by but not limited to email, regular
mail, SMS, MMS, text message, postings on the Service, or other
reasonable means now known or hereinafter developed.
GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you
and SPORTS TV INSIDER and governs your use of the Service, superseding
any prior agreements between you and SPORTS TV INSIDER with respect to
the Service. You also may be subject to additional terms and conditions
that may apply when you use or purchase certain other SPORTS TV
INSIDER services, affiliate services, third-party content or third-party
software.
Choice of Law and Forum. The TOS and the relationship between you and
SPORTS TV INSIDER shall be governed by the laws of the State of
California without regard to its conflict of law provisions. You and SPORTS TV
INSIDER agree to submit to the personal and exclusive jurisdiction of
the courts located within the county of Loudoun, Virginia.
Waiver and Severability of Terms. The failure of SPORTS TV INSIDER to
exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any provision of the TOS is
found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your
SPORTS TV INSIDER account is non-transferable and any rights to your
SPORTS TV INSIDER ID or contents within your account terminate upon your
death. Upon receipt of a copy of a death certificate, your account may
be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or
related to use of the Service or the TOS must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no
legal or contractual effect.
VIOLATIONS
Please report any violations of the TOS to our Customer Care group.