| |
About CBSSports.com
|
|
2005 Baseball Fantasy News Direct
Terms of Service
Effective Date February 24, 2005
SportsLine.com, Inc. ("SportsLine") provides the 2005 Baseball Fantasy News Direct Service (the "2005 BFND Service") to you ("you" or "your"), subject to the following 2005 Baseball Fantasy News Direct Terms of Service ("BFNDTOS") which may be updated by SportsLine from time to time without notice to you. It is important for you to refer to this BFNDTOS from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this BFNDTOS. You can review the most current version of this BFNDTOS at any time at: http://cbs.sportsline.com/info/about/tos/fnd-bb. Your use of the 2005 BFND Service constitutes your acceptance of this BFNDTOS.
- "CBS SportsLine Web Site" means the CBS SportsLine Web site located at the domain "sportsline.com" or other domain as determined in the sole and exclusive discretion of SportsLine.
- "SportsLine Content" shall mean any and all proprietary images, technology, applications, artwork, copy, information, trademarks, service marks, data, or knowledge or other materials made available to you as part of the 2005 BFND Service.
- "SportsLine Registered User" means a person that has successfully completed the registration form on the CBS SportsLine Web Site and obtained a CBS SportsLine Web Site user identification ("SportsLine ID") and associated password ("SportsLine Password").
This BFNDTOS is effective as of the Effective Date and shall remain in full force and effect for the period the 2005 BFND Service is available on the CBS SportsLine Web Site, unless earlier terminated as provided herein (the "Term"). Sections 6 through 11 of this BFNDTOS and other provisions which are set to survive the Term herein shall survive the termination of this BFNDTOS.
- Sign Up for the 2005 BFND Service. SportsLine Registered Users may sign up for the 2005 BFND Service by following the instructions on the 2005 BFND Service registration pages on the CBS SportsLine Web Site, including, without limitation, paying the registration fee.
- Payment Terms of 2005 BFND Service. Your registration fee for the 2005 BFND Service gives you access to the features of the 2005 BFND Service from the time you register through the remainder of the Term. The credit card that you provide as part of your registration data will be billed for the 2005 BFND Service. You acknowledge and agree that you are solely responsible for providing accurate and up to date credit card information in connection with your registration for the 2005 BFND Service and your failure to provide accurate and up to date information which permits us to bill your credit card will result in the denial of your use of the 2005 BFND Service. All currency references are in U.S. dollars. Please note that your payment for the 2005 BFND Service is non-refundable, and you may not cancel your 2005 BFND Service before the end of the Term.
- No Internet Connection Equipment Provided. SportsLine shall not be obligated to, and you acknowledge that SportsLine will not, provide any bandwidth, modem, computer, or any other equipment, system or connectivity for you to connect to the Internet. You shall be solely responsible for all modems, computers, operating systems connection devices and bandwidth necessary for connecting to the Internet through which you can access the 2005 BFND Service and the SportsLine Content.
- Revision of the 2005 BFND Service. SportsLine may modify, suspend or discontinue any aspect of the 2005 BFND Service at any time, including, without limitation, the availability of any SportsLine Content. SportsLine may also impose limits on certain features and services or restrict your access to parts or all of the 2005 BFND Service and/or the SportsLine Content without notice or liability of any kind.
- No Resale of the 2005 BFND Service. You agree that this BFNDTOS is personal to you and that you may not resell, lease, license, assign, redistribute or otherwise transfer any portion of the 2005 BFND Service, including, without limitation, the SportsLine Content.
- No Accuracy of SportsLine Content. The SportsLine Content contains information, advice, text and materials that are provided for your convenience and enjoyment. Third parties provide some of the SportsLine Content. You should be aware that the SportsLine Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the SportsLine Content may be subject to terms and conditions which may be found in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any SportsLine Content and will not be liable for any lack of the foregoing.
- No Warranty of Lawfulness of the 2005 BFND Service. SportsLine does not represent or warrant that every action you take with regard to your account and related activities in connection with the 2005 BFND Service, including, without limitation, the SportsLine Content, will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using the 2005 BFND Service, including, without limitation, the SportsLine Content.
- Entertainment Purposes Only. The 2005 BFND Service is for entertainment purposes only and may not be used in connection with any form of gambling or wagering.
- Collection of Personal Information. All personally identifiable information you disclose in connection with the 2005 BFND Service is subject to the SportsLine Privacy Policy.
- Suspension and/or Termination of Your 2005 BFND Service Account. SportsLine expressly reserves the right to immediately modify, suspend or terminate your 2005 BFND Service account without refund and refuse current or future use of the 2005 BFND Service, if SportsLine, in its sole and exclusive discretion believes that you have acted inconsistently with the spirit or letter of this BFNDTOS or the SportsLine Terms of Service, including, without limitation the SportsLine Acceptable Use Policy.
- Suspension and/or Termination of Your 2005 BFND Service Account. SportsLine expressly reserves the right to immediately modify, suspend or terminate your 2005 BFND Service account without refund and refuse current or future use of the 2005 BFND Service, if SportsLine, in its sole and exclusive discretion believes that you have acted inconsistently with the spirit or letter of this BFNDTOS or the SportsLine Terms of Service, including, without limitation the SportsLine Acceptable Use Policy.
- Suspension and/or Termination of the 2005 BFND Service. The 2005 BFND Service and its related benefits are offered at the discretion of SportsLine and SportsLine has the right to modify or discontinue, temporarily or permanently, the 2005 BFND Service, in whole or in part for any reason, with or without notice to you. You agree that SportsLine will not be liable to you or to any third party for any modifications or discontinuance of the 2005 BFND Service.
- 2005 BFND Service License. During the Term, SportsLine hereby grants to you, and you hereby accept, a personal, non-transferable, non-commercial, non-exclusive, limited, revocable license, to view and use the 2005 BFND Service, including the SportsLine Content (where applicable, in executable, object code form only). Nothing herein shall be interpreted to mean, and SportsLine does not grant you any right or license in any SportsLine materials or other proprietary images, trademarks, artwork, copy, information, data, knowledge, computer software or any other material or information of any kind.
- No Sublicense. Nothing herein shall be interpreted to mean, and SportsLine does not grant you, any right or license to enter into sublicenses or redistribution agreements with respect to any portion of the 2005 BFND Service, including, without limitation, the SportsLine Content.
- Copyright Notices. The 2005 BFND Service, including without limitation, the SportsLine Content, are protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws, and are owned or controlled by SportsLine. You will abide by any and all additional copyright notices, information, or restrictions contained in the 2005 BFND Service, including, without limitation, the SportsLine Content or as SportsLine otherwise may impose from time to time.
- No Derivative Works. You represent, warrant and covenant that you shall not reverse engineer, decompile, translate, modify, or develop derivative works based on, the 2005 BFND Service, including, without limitation, the SportsLine Content.
- No Contest of Rights. You acknowledge and agree that both during and after the Term, you shall not directly or indirectly contest or aid in contesting the validity or ownership of the 2005 BFND Service, including without limitation, the SportsLine Content or take any action whatsoever in derogation of SportsLine's rights therein or in breach of any terms and conditions contained in this BFNDTOS.
- Reservation of Rights. Any and all rights to use the 2005 BFND Service, including, without limitation, any SportsLine Content not expressly granted to you under this BFNDTOS are hereby reserved for SportsLine. Nothing contained in this BFNDTOS shall affect, impair, or limit in any way SportsLine's rights to exploit fully the 2005 BFND Service, including, without limitation, any SportsLine Content.
- Proprietary Rights. You acknowledge and agree that SportsLine owns and shall retain all rights, title and interest in and to the 2005 BFND Service, including, without limitation, the SportsLine Content, including, without limitation, all copies thereof and all rights to patents, copyrights, trademarks, service marks, trade secrets and other intellectual property rights inherent therein and appurtenant thereto.
- No License to SportsLine Trademarks. Nothing herein shall be interpreted to mean, and SportsLine does not grant you any right or license in any SportsLine trademark, tradename, service mark, insignia, slogan, name, emblem, logo, symbol, design and/or other identifying characteristics owned by or associated with SportsLine, its parent, subsidiaries or affiliates, in any manner whatsoever.
- You represent, warrant and covenant that You will not upload, post, transmit, distribute or otherwise publish through the 2005 BFND Service any materials which: (a) Restrict or inhibit any other user from using and enjoying the 2005 BFND Service; (b) Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (c) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (d) Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (e) Contain a virus or other harmful or potentially harmful component; (f) Contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or (g) Constitute or contain false or misleading indications of origin or statements of fact.
- You represent, warrant and covenant that you will comply with the SportsLine Terms of Service, including, without limitation, the SportsLine Acceptable Use Policy in connection with your use of the 2005 BFND Service.
HE 2005 BFND SERVICE, INCLUDING, WITHOUT LIMITATION, ALL SPORTSLINE CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE CBS SPORTSLINE SERVICE, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SPORTSLINE AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE 2005 BFND SERVICE; (B) THE SPORTSLINE CONTENT MADE AVAILABLE TO YOU THROUGH THE 2005 BFND SERVICE; (C) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE 2005 BFND SERVICE; (D) THE ABILITY OF THE 2005 BFND SERVICE TO WORK WITH ANY PARTICULAR CLIENT APPLICATION; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE 2005 BFND SERVICE. SPORTSLINE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE 2005 BFND SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE 2005 BFND SERVICE OR THE SERVERS THAT MAKE THE 2005 BFND SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SPORTSLINE DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE 2005 BFND SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE 2005 BFND SERVICE, INCLUDING, WITHOUT LIMITATION, THE SPORTSLINE CONTENT, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE 2005 BFND SERVICE, INCLUDING, WITHOUT LIMITATION, THE SPORTSLINE CONTENT. FURTHER, SPORTSLINE AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
SPORTSLINE AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE 2005 BFND SERVICE INCLUDING, WITHOUT LIMITATION, THE SPORTSLINE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS BFNDTOS.
UNDER NO CIRCUMSTANCES SHALL SPORTSLINE AND ITS SUBSIDIARIES AND AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE 2005 BFND SERVICE, EVEN IF FORESEEABLE OR SPORTSLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SPORTSLINE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID FOR THE 2005 BFND SERVICE.
You agree to defend, indemnify and hold harmless SportsLine and its subsidiaries and affiliates with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this BFNDTOS, including, without limitation, your use of the 2005 BFND Service, including, without limitation, the SportsLine Content. Notwithstanding the foregoing, SportsLine retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against SportsLine herein under the terms and provisions of this Section 8 and in no event shall you settle any such claim without SportsLine's prior written approval.
The parties waive all rights to trial by jury in any action or proceeding instituted in connection with this BFNDTOS and/or the 2005 BFND Service. Any controversy or claim arising out of or relating to this BFNDTOS and/or the 2005 BFND Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, in the City of New York, County of New York.
THIS BFNDTOS AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in Section 10 of this BFNDTOS and/or for entering any judgment on an arbitration award, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the New York state and federal courts located in the City of New York, County of New York, and State of New York. The parties agree not to raise the defense of forum non conveniens.
This BFNDTOS contains the sole and entire agreement between the parties with respect to the use of the Commissioner and supersedes any and all other prior written or oral agreements between them. Captions contained in this BFNDTOS are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this BFNDTOS or the intent of any provision of this BFNDTOS. It is the intent of the Parties that neither this BFNDTOS, nor any covenant in this BFNDTOS, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this BFNDTOS. If any provision of this BFNDTOS shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this BFNDTOS.
If you witness any user activity in the 2005 BFND Service that violates this BFNDTOS, please notify us of the activity via the feedback form located at http://cbs.sportsline.com/help/contactus. SportsLine cannot guarantee that any action will be taken as a result of your email, but we appreciate your help in making the 2005 BFND Service an enjoyable experience for everyone.
|
|
