CBS Interactive Inc. ("CBSI") provides the 2016 CBSSports.com
Office Pool Manager Service (the "2016 OPM Service") to you
("you" or "your"), subject to the following
which may be updated by CBSI from time to time without notice to you. It is
important for you to refer to this OPMTOU from time to time to make sure that
you are aware of any additions, revisions, or modifications that we may have
made to this OPMTOU. You can review the most current version of this OPMTOU at
any time at:http://www.cbssports.com/info/about/tos/opm. Your use of the 2016 OPM Service
constitutes your acceptance of this OPMTOU.
If you are a wireless service subscriber and have a smart phone, tablet or
wireless device that allows you to access this Service, you may use this
Service via any of those devices. If you chose to access this service via your
wireless device, you may be charged data rates according to the Terms and
Conditions of your Service Agreement with your wireless carrier. Each wireless
carrier's rate plan may vary, and participants should contact their wireless
carrier for information on rate plans and charges relating to your use of this
"CBSSports.com Web Site"
means the CBSI Web site located at the domain "cbssports.com"
or other domain as determined in the sole and exclusive discretion of
"CBS Sports 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 2016 OPM Service.
"Registered User" means a
person who has successfully completed the registration form and has
obtained a User Identification ("ID") and associated
password ("Password") on the CBSSports.com Web Site.
2. Term: Termination and Survival.This OPMTOU is effective as of the
Effective Date, above, and shall remain in full force and effect for the period
the 2016 OPM Service is available on the CBSSports.com Web Site, unless earlier
terminated as provided herein (the "Term"). Sections 7 through
12 of this OPMTOU and other provisions which are set to survive the Term herein
shall survive the termination of this OPMTOU.
3. Eligibility:In order to participate in the 2016 OPM Service, you must
be a Registered User, and age thirteen (13) or older at the time of
registration for the 2016 OPM Service.
4. 2016 OPM Service.
Sign Up for the 2016 OPM Service. Your registration for the 2016 OPM Service
gives you access to the features of the 2016 OPM Service from the time you
register through the remainder of the Term.
No Internet Connection Equipment Provided. CBSI shall not be obligated to, and you
acknowledge that CBSI 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 2016 OPM Service and the CBS
Revision of the 2016 OPM Service. CBSI may modify, suspend or discontinue any
aspect of the 2016 OPM Service at any time, including, without limitation,
the availability of any CBS Sports Content. CBSI may also impose limits on
certain features and services or restrict your access to parts or all of
the 2016 OPM Service and/or the CBS Sports Content without notice or
liability of any kind.
No Resale of the 2016 OPM Service. You agree that this OPMTOU is personal to
you and that you may not resell, lease, license, assign, redistribute or
otherwise transfer any portion of the 2016 OPM Service, including, without
limitation, the CBS Sports Content.
No Accuracy of CBS Sports Content. The CBS Sports Content contains information,
advice, text and materials that are provided for your convenience and
enjoyment. Third parties provide some of the CBS Sports Content. You
should be aware that the CBS Sports Content might contain errors,
omissions, inaccuracies, outdated information, and inadequacies and that
the CBS Sports 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 CBS Sports Content and will not be liable
for any lack of the foregoing.
No Warranty of Lawfulness of the 2016 OPM Service. CBSI does not represent or warrant that
every action you take with regard to your account and related activities
in connection with the 2016 OPM Service, including, without limitation,
the CBS Sports 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 2016 OPM
Service, including, without limitation, the CBS Sports Content.
Entertainment Purposes Only. The 2016 OPM Service is for entertainment
purposes only and may not be used in connection with any form of gambling
Collection of Personal Information. All personally identifiable information
disclosed by Registered Users in connection with the 2016 OPM Service is
Statistics Corrections. Following the completion of each week's
games, all statistics and point totals are verified, and corrections are
made where necessary. However, all statistics and point totals for the
week are considered FINAL as of Wednesday. If a statistic correction is
announced for the previous weekend's games on Wednesday or later, it will
not be included in our statistics and your official 2016 OPM Service
(Fantasy) scoring will be based on the original statistics.
Suspension and/or Termination of Your 2016 OPM
CBSI expressly reserves the right to immediately modify, suspend or
terminate your 2016 OPM Service account without refund and refuse current
or future use of the 2016 OPM Service, if CBSI, in its sole and exclusive
discretion believes that you have acted inconsistently with the spirit or
Suspension and/or Termination of the 2016 OPM
The 2016 OPM Service and its related benefits are offered at the
discretion of CBSI and CBSI has the right to modify or discontinue, temporarily
or permanently, the 2016 OPM Service, in whole or in part for any reason,
with or without notice to you. You agree that CBSI will not be liable to
you or to any third party for any modifications or discontinuance of the
2016 OPM Service.
5. License and Proprietary Rights.
2016 OPM Service License. During the Term, CBSI hereby grants to you,
and you hereby accept, a personal, non-transferable, non-commercial,
non-exclusive, limited, revocable license, to view and use the 2016 OPM
Service, including the CBS Sports Content (where applicable, in
executable, object code form only). Nothing herein shall be interpreted to
mean, and CBSI does not grant you any right or license in any CBSI
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 CBSI does not grant you, any right or license to enter into
sublicenses or redistribution agreements with respect to any portion of
the 2016 OPM Service, including, without limitation, the CBS Sports
Copyright Notices. The 2016 OPM Service, including without
limitation, the CBS Sports Content, are protected by copyright pursuant to
U.S. copyright laws, international conventions and other copyright laws,
and are owned or controlled by CBSI. You will abide by any and all
additional copyright notices, information, or restrictions contained in
the 2016 OPM Service, including, without limitation, the CBS Sports
Content or as CBSI 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 2016 OPM Service, including, without limitation, the
CBS Sports 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 2016 OPM Service, including
without limitation, the CBS Sports Content or take any action whatsoever
in derogation of CBSI's rights therein or in breach of any terms and
conditions contained in this OPMTOU.
Reservation of Rights. Any and all rights to use the 2016 OPM
Service, including, without limitation, any CBS Sports Content not
expressly granted to you under this OPMTOU are hereby reserved for CBSI.
Nothing contained in this OPMTOU shall affect, impair, or limit in any way
CBSI‘s rights to exploit fully the 2016 OPM Service, including, without
limitation, any CBS Sports Content.
Proprietary Rights. You acknowledge and agree that CBSI owns and
shall retain all rights, title and interest in and to the 2016 OPM
Service, including, without limitation, the CBS Sports 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 CBSI Trademarks. Nothing herein shall be interpreted to mean,
and CBSI does not grant you any right or license in any CBSI trademark,
tradename, service mark, insignia, slogan, name, emblem, logo, symbol,
design and/or other identifying characteristics owned by or associated
with CBSI, its parent, subsidiaries or affiliates, in any manner
6. Representations and Warranties.
You represent, warrant and covenant that you
will not upload, post, transmit, distribute or otherwise publish through
the 2016 OPM Service any materials which: (a) restrict or inhibit any
other user from using and enjoying the 2016 OPM 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
THE 2016 OPM SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CBSI CONTENT,
SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, AND INFORMATION MADE
AVAILABLE ON OR ACCESSED THROUGH THE CBSI SERVICE, ARE PROVIDED "AS IS"
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CBSI AND ITS SUBSIDIARIES AND
AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND
WHATSOEVER ABOUT: (A) THE 2016 OPM SERVICE; (B) THE CBS SPORTS CONTENT MADE AVAILABLE
TO YOU THROUGH THE 2016 OPM SERVICE; (C) THE MATERIALS, INFORMATION AND
FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE 2016
OPM SERVICE; (D) THE ABILITY OF THE 2016 OPM SERVICE TO WORK WITH ANY
PARTICULAR CLIENT APPLICATION; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED
WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE 2016 OPM SERVICE.
CBSI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE 2016 OPM SERVICE OR
ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE;
THAT DEFECTS WILL BE CORRECTED; OR THAT THE 2016 OPM SERVICE OR THE SERVERS
THAT MAKE THE 2016 OPM SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
CBSI DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE 2016 OPM 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 2016
OPM SERVICE, INCLUDING, WITHOUT LIMITATION, THE CBS SPORTS 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 2016 OPM SERVICE, INCLUDING,
WITHOUT LIMITATION, THE CBS SPORTS CONTENT. FURTHER, CBSI AND ITS SUBSIDIARIES
AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT
LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
CBSI AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE
2016 OPM SERVICE INCLUDING, WITHOUT LIMITATION, THE CBS SPORTS 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 OPMTOU.
8. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL CBSI 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 2016 OPM SERVICE, EVEN IF FORESEEABLE OR CBSI 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 CBSI'S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE 2016
You agree to defend, indemnify and hold harmless CBSI 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 OPMTOU,
including, without limitation, your use of the 2016 OPM Service, including,
without limitation, the CBS Sports Content. Notwithstanding the foregoing, CBSI
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 CBSI herein under the terms and provisions of this Section 9 and in no
event shall you settle any such claim without CBSI's prior written approval.
You waive all rights to trial in any action or proceeding instituted in
connection with these OPMTOU and/or the 2016 OPM Service. Any controversy or
claim arising out of or relating to these OPMTOU and/or the 2016 OPM 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 California, in the
City of San Francisco, County of San Francisco.
11. Governing Law and Jurisdiction.
THIS OPMTOU AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT
REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to
arbitration as set forth in these OPMTOU and/or in connection with the entering
of any judgment on an arbitration award in connection with these OPMTOU and/or
the 2016 OPM Service, you irrevocably submit and consent to the exclusive
jurisdiction and venue of California state and federal courts located in the
City of San Francisco, and State of California.The parties agree
not to raise the defense of forum non conveniens.
This OPMTOU contains the sole and entire agreement between the parties with
respect to the use of the 2016 OPM Service and supersedes any and all other
prior written or oral agreements between them. Captions contained in this
OPMTOU are inserted only as a matter of convenience or for reference and in no
way define, limit, extend, or describe the scope of this OPMTOU or the intent
of any provision of this OPMTOU. It is the intent of the Parties that neither
this OPMTOU, nor any covenant in this OPMTOU, 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 OPMTOU.
If any provision of this OPMTOU 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 OPMTOU.
13. Report Violations.
If you witness any user activity in the 2016 OPM Service that violates this
OPMTOU, please notify us of the activity via the feedback form located athttp://cbsi.force.com/CBSi/cbssports. CBSI cannot
guarantee that any action will be taken as a result of your e-mail, but we
appreciate your help in making the 2016 OPM Service an enjoyable experience for