Terms of Service
PLEASE READ THESE TERMS OF USE BEFORE USING OR ACCESSING THIS SITE.
Comcast Sports Management Services, LLC
(“SportsNet”), on behalf of its subsidiaries Comcast SportsNet
Philadelphia, L.P., Comcast SportsNet Mid-Atlantic, L.P., Comcast
SportsNet Chicago, LLC and Comcast SportsNet West, Inc., operates the
www.comcastsportsnet.com website (the “Site”) and your use of the Site
signifies your agreement with the following terms and conditions (the
“Terms”). If you do not agree with any of the Terms, please
do not use this Site. SportsNet reserves the right, in its
sole discretion, to modify these Terms without further notice and at
any time. Your continued use of the Site after any such
changes constitutes your acceptance of the new Terms. These Terms apply
exclusively to your access to, and use of, the Site and do not alter in
any way the terms or conditions of any other agreement you may have
with SportsNet for products, services or otherwise. If you register for
and/or use the additional features located on the Site, such as the
Message Boards, online polls and petitions, or contests, additional
rules, policies and disclaimers may apply.
Privacy Policy
Users of this Site should refer to our privacy
policy for information about how SportsNet uses, collects information,
and may disclose or otherwise provide it to third
parties.
Trademarks and
Copyrights
Trademarks: SportsNet’s
trademarks in the United States and other countries include but are not
limited to: Comcast SportsNet™, Post Game Live®, Pre-Game
Live™, Sports Nite™ and SportsRise®. Other names and brands
may be claimed as the property of others. These trademarks
may not be copied, imitated or used, in whole or in part, without the
prior written permission of SportsNet or the rights holder. In
addition, all page headers, custom graphics, button icons and scripts
are service marks, trademarks and/or trade dress of SportsNet, and may
not be copied, imitated or used, in whole or in part, without the prior
written permission of SportsNet.
Copyrights
All
materials on this Site, including, without limitation, the SportsNet’s
logos, designs, text, graphics, software, other files and the selection
and arrangement thereof (the “Content”) are protected by copyrights
which are owned or licensed by SportsNet or otherwise used with
permission by SportsNet. You may not reproduce, perform,
create derivative works from, republish, upload, post, transmit or
distribute in any way whatsoever any Content from the Site or any other
site owned or operated by SportsNet without the prior written
permission of SportsNet. Any modification of the Content, or
any portion thereof, or use of the Content for any other purpose
constitutes an infringement of SportsNet’s copyrights and other
proprietary rights. Use of the Content on any other site or other
networked computer environment is prohibited without prior written
permission from SportsNet.
Copyright Agent for
Copyright Infringement Claims (Digital Millennium Copyright
Act): SportsNet respects the rights of all copyright holders
and in this regard, SportsNet has adopted and implemented a policy that
provides for the termination in appropriate circumstances of
subscribers and account holders who infringe the rights of copyright
holders. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide SportsNet’s
Copyright Agent the following information required by the Online
Copyright Infringement Liability Limitation Act of the Digital
Millennium Copyright Act, 17 U.S.C.
§512:
* A
physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed;
* Identification of
the copyright work claimed to have been infringed or, if multiple
copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that
site;
* Identification of the
material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to
be disabled, and information reasonably sufficient to permit us to
locate the material;
*
Information reasonably sufficient to permit us to contact the
complaining party;
* A
statement that the complaining party has a good-faith belief that use
of the material in the manner complained of is not authorized by the
copyright owner, its agent or the law;
and
* A statement that the
information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly
infringed.
SportsNet’s Copyright Agent for notice of
claims of copyright infringement on or regarding this Site can be
reached by emailing csnwebmaster@comcastsportsnet.com or writing to
Comcast SportsNet, 3601 South Broad Street, Philadelphia, PA 19148,
Attn: Website Department.
Message
Features
This Site may offer opportunities for
you to send messages or postings in connection with various features
including electronic mail, chats with special guests, online polls and
petitions, Message Boards and forums to communicate with other users
(“Message Feature”). In order to participate in any Message Feature,
you may be required to provide accurate and complete personal
information consisting of your name, address, city and state of
residence, zip code, phone and e-mail address, which shall be collected
pursuant to the Privacy Policy of this Site.
In your
use of any Message Feature, you agree not to upload, transmit,
distribute or otherwise publish in any forum any material that
is:
* libelous,
defamatory, obscene, abusive, pornographic, threatening or an invasion
of privacy;
an infringement of the intellectual property rights, including, but not
limited to, copyrights and trademarks, of any person or
entity;
* illegal in any way or
advocates illegal activity;
*
an advertisement or solicitation of funds, goods or
services;
* a message posted by
a user impersonating another;
*
personal information such as messages which identify phone numbers,
social security numbers, account numbers, addresses or employer
references or
* chain letters
of any kind.
You further agree to indemnify
SportsNet for any claims or suits arising from your use of any Message
Feature.
SportsNet is not responsible for any
material posted in any Message Feature or in any other forum on this
Site (individually and collectively, the “Forum”). SportsNet is merely
providing access to such material in the Forum as a service to you and
the Forum shall be used only in a noncommercial manner (for
entertainment purposes only). With respect to any materials
posted for inclusion in such Forums by other parties, such parties are
responsible for the reliability, accuracy and truthfulness of such
material and such matters are beyond the control of SportsNet.
Similarly, SportsNet has no control over whether such material is of a
nature that users will find inoffensive, tasteful and otherwise
acceptable and expressly disclaims any responsibility for such
material. Just as when you obtain materials in any other setting, you
should exercise appropriate discretion, good judgment and caution in
accessing materials in any Forum and in taking any actions based upon
material in such Forum. Accordingly, you will bear all risk associated
with any such material that you access.
SportsNet
reserves the right to monitor and delete any postings deemed
inconsistent with its policies. SportsNet also reserves the right to,
at its discretion, terminate the registration of any user of any Forum
who violates any of the Terms. If you are aware of any such material
posted on the Site, please contact us at
csnwebmaster@comcastsportsnet.com. Please provide as much detail as
possible, including a copy of the underlying material, the location
where SportsNet may find it, the reason(s) such postings should be
removed and a statement, signed under penalty of perjury, certifying
the accuracy of the information you provide to us. To the extent any
notice is based on an alleged copyright violation, please follow in the
instructions set forth in the section entitled “Copyright Agent for
Copyright Infringement Claims (Digital Millennium Copyright
Act.” Although SportsNet will do its best to monitor
materials in the Forum, in no event does it assume any particular
obligation to do so or liability for failing to either monitor the
Forum or remove specific material.
Submissions
By
transmitting bulletin board postings, e-mail, messages, suggestions,
ideas or concepts (each a “Submission”), whether unsolicited or
solicited (for example, when registering to use Message Boards), to any
Forum, you are granting SportsNet a royalty-free, nonexclusive,
perpetual, unrestricted, worldwide license to publish, transmit,
perform, display and otherwise use the Submission(s) for any purpose,
including, but not limited to, advertising and promotional
purposes. No credit or compensation is due to you for such
use. SportsNet also has the right, but not the obligation, to use your
name, city and state in connection with broadcast, print, online or
other use or publication of your Submission(s). All Submissions become
the property of SportsNet and may be edited for use.
You warrant and represent that you own or otherwise
control any and all rights in and to the Submission(s) and that public
posting and use of the Submissions by SportsNet will not infringe or
violate the rights of any third party in any
manner.
SportsNet may at its own discretion monitor
and prescreen Submissions, and while SportsNet and its designees
reserve the right (but not the obligation) in their sole discretion to
refuse, move, edit or delete any Submissions without prior notice, in
whole or in part, that is deemed to violate these Terms or is otherwise
objectionable, you agree to evaluate, and bear all risks associated
with, the use of any Submissions, including any reliance on the
accuracy, completeness or usefulness of such Submissions. You
acknowledge that the Site is “public,” and in addition to the license
granted to SportsNet below, other users will have access to your
published Submission(s) and might copy, modify or distribute
it.
User Conduct
In
using the Site, you
agree:
* Not to
disrupt or interfere with the security of, or otherwise abuse, the
Site, or any services, system resources, accounts, servers or networks
connected to or accessible through the Site or affiliated or linked
sites;
* Not to disrupt or
interfere with any other user’s enjoyment of the Site or affiliated or
linked Web sites;
* Not to
upload, post or otherwise transmit through or on this Site any viruses
or other harmful, disruptive or destructive
files;
* Not to use, frame or
utilize framing techniques to enclose any SportsNet trademark, logo or
other proprietary information (including the images found at the Site,
the content of any text or the layout/design of any page or form
contained on a page) without SportsNet’s express written
consent;
* Not to use meta tags
or any other “hidden text” utilizing a SportsNet name, trademark or
product name without SportsNet’s express written
consent;
* Not to “deeplink” to
this Site without SportsNet’s express written
consent;
* Not to create or use
a false identity on this Site;
* Not to collect or store personal data about
others;
* Not to attempt to
obtain unauthorized access to the Site or portions of the Site that are
restricted from general access;
* Not to post any material that is knowingly false and/or defamatory,
inaccurate, abusive, vulgar, hateful, harassing, obscene, profane,
sexually oriented, threatening, invasive of a person’s privacy or
otherwise in violation of any law;
and
* Not to post any
copyrighted material unless the copyright is owned by you or by
SportsNet.
In addition, you agree that you will
comply with all applicable local, state, national and international
laws and regulations, including, but not limited to, United States
export restrictions, that relate to your use of or activities on this
Site.
Links
SportsNet makes no claim or
representation regarding, and accepts no responsibility for, the
quality, content, nature or reliability of sites accessible by
hyperlink from this Site or sites linking to this Site, including, but
not limited to, the fan shop as operated by Football Fanatics. The
linked sites are not under the control of SportsNet and SportsNet is
not responsible for the content of any linked site or any link
contained in a linked site or any review, changes or updates to such
sites. The inclusion of any link does not imply affiliation,
endorsement or adoption by SportsNet of the Site or any information
contained therein. When leaving the Site, you should be aware that the
Terms and policies no longer govern, and therefore you should review
the applicable terms and policies, including privacy and data-gathering
practices, of that site.
Disclaimers
By
using this Site and/or transmitting to it any Submission(s), you agree
to indemnify SportsNet, its officers, directors, parents, partners,
employees, agents, distributors, affiliates, subsidiaries and their
related companies for any and all claims, damages, losses and causes of
action arising out of your breach or alleged breach of the
Terms.
THE MATERIALS ON THIS SITE AND ANY PRODUCTS
PROMOTED, MARKETED, AND/OR SOLD BY SPORTSNET OR OTHERS ARE TRANSMITTED
AND DISTRIBUTED “AS IS” AND APPEAR ON THE SITE WITHOUT EXPRESS OR
IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. SPORTSNET MAKES NO WARRANTY AS TO THE
QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY MATERIALS ON THE
SITE AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL
BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE
CORRECTED.
Where applicable law does not allow the
exclusion of implied warranties, the foregoing exclusions may not apply
to you.
The materials provided in this Site are for
entertainment, educational and promotional purposes only.
User may not rely on any information and opinions expressed in it for
any other purpose. Neither SportsNet nor its officers, directors,
parents, partners, employees, agents, distributors, affiliates,
subsidiaries and their related companies are responsible or liable for
any loss, damage (including, but not limited to, actual, consequential
or punitive), liability, claim or other injury or cause related to or
resulting from any information posted on the Site.
Limitations on Liability
IN NO EVENT,
INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL SPORTSNET OR ITS
AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED
(INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER
ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II)
THE USE OR INABILITY TO USE THIS SITE; (III) THE PURCHASE OR USE OF ANY
PRODUCTS THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THE SAFETY OR
FUNCTION OF ANY PRODUCT; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OR
LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR
RECEIVED; (V) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES OR
FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VI) OTHERWISE UNDER THESE
TERMS, EVEN IF SPORTSNET OR ITS REPRESENTATIVES ARE ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES AND NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, SPORTSNET’S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES
BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SPORTSNET FOR ANY
PRODUCTS SUPPLIED BY SPORTSNET THROUGH YOUR USE OF THE
SITE.
SportsNet will not be liable in any amount for
failure to perform any obligation under these Terms if such failure is
caused by the occurrence of any unforeseen contingency beyond its
reasonable control, including, without limitation, Internet outages,
communications outages, fire, flood or war.
SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY
TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST
EXTENT PERMITTED BY LAW.
Termination
SportsNet may, in its sole
discretion, terminate or suspend your access to all or part of the
Site, including, but not limited to, any Forum on the Site, for any
reason, including without limitation, breach of these Terms. In the
event of termination or suspension of your access to the Site, the
restrictions regarding Submission(s) appearing on the Site, and the
representations and warranties, indemnities and limitations of
liabilities set forth herein, will survive any such
termination. You agree that SportsNet shall not be
liable to you for any termination of your use of or access to the
Site.
Changes to the
Site
SportsNet may, in its sole discretion,
terminate, change, modify, suspend, make improvements to or discontinue
any aspect of the Site or any products available through the Site,
temporarily or permanently, including the availability of any features
of the Site or access to any parts of the Site, at any time without
notice to you, and you agree that SportsNet shall not be liable
therefor.
International
Users
This Site is controlled, operated and
administered by SportsNet from its offices within the United States of
America. SportsNet makes no representation that materials on the Site
are appropriate or available for use at other locations outside of the
United States and access to them from territories where the contents or
products available through the Site are illegal is prohibited. You may
not use the Site or export the content or products in violation of U.S.
export laws and regulations. If you access this Site from a location
outside of the United States, you are responsible for compliance with
all local laws.
Applicable Law and
Disputes
These Terms shall be governed by and
construed in accordance with the laws of the Commonwealth of
Pennsylvania, without resort to its conflict of law
provisions. In the event of a dispute arising out of your use
of the Site and/or these Terms, the proper jurisdiction and venue will
be the state courts of the Commonwealth of Pennsylvania in Philadelphia
County or, as may be appropriate, the U.S. District Court for the
Eastern District of Pennsylvania. You consent to the exercise
of personal jurisdiction of these courts over you in the event of such
a dispute.
Representations and
Warranties
You represent, warrant and covenant
that: (a) you have the power and authority to enter into and to agree
to these Terms; (b) you are at least thirteen (13) years old; (c) you
shall not use any rights granted hereunder for any unlawful purpose;
and (d) you shall use the Site only as set forth in the Terms.
SportsNet does not warrant that: (a) the Site will be uninterrupted or
error free; (b) defects or errors in the Site will be corrected; (c)
the Site will be free from viruses or other harmful components; or (d)
any information contained in the Site will be accurate or
reliable.
Headings
The section titles in these
Terms are used solely for the convenience of you and SportsNet and have
no legal or contractual significance.
Severability
If any
provision of these Terms shall be deemed unlawful, void or for any
reason unenforceable, then that provision shall be deemed severable
from these Terms and shall not affect the validity and enforceability
of any remaining provisions.
General
The Terms constitute the entire
agreement between SportsNet and you with respect to your use of the
Site. Any cause of action you may have with respect to the Site must be
commenced within one (1) year after the claim or cause of action
arises, notwithstanding any statutes of limitation to the contrary. Any
failure by SportsNet to enforce or exercise any provision of the Terms
or related right shall not constitute a waiver of that right or
provision.
Nothing in these Terms will be construed
as creating a joint venture, partnership, employment or agency
relationship between you and SportsNet, and you do not have any
authority to create any obligation or make any representation on
SportsNet’s behalf. You may not assign these Terms by operation of law
or otherwise, without SportsNet’s written consent. Subject to the
foregoing, these Terms will be binding on, inure to the benefit of, and
be enforceable against you and SportsNet and their respective
successors and assigns.
Last Updated: January 25,
2007
©2007 Comcast Sports Management Services,
LLC. All rights reserved