If you are a wireless service subscriber and have a smartphone, tablet or wireless device that allows you to access this 2021 BBC Service, you may use this 2021 BBC Service via any of those devices. If you chose to access this 2021 BBC Service via any such 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 2021 BBC Service. Mobile and wireless service is offered on an "as is" basis, may not be available in all areas at all times, and may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier.
IMPORTANT NOTICE: THIS 2021 BBC SERVICE IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 10 BELOW.
"CBSSports.com Web Site" means the website located at the domain "CBSSports.com" or other domains as determined in the sole and exclusive discretion of CBSI.
"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 2021 BBC 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 one of the CBSI network of sports' websites, which currently include the following: CBSSports.com and SportsLine.com. There is no charge or payment to become a Registered User.
2. Term, Termination and Survival.
This BBCTOU is effective as of the Effective Date above and shall remain in full force and effect for the period the 2021 BBC Service is available on the CBS Sports Web Site (approximately 12/8/20), unless terminated earlier as provided herein (the "Term"). Sections 7 through 13 of this BBCTOU and other provisions which are set to survive the Term herein, shall survive the termination of this BBCTOU.
In order to participate in the 2021 BBC Service, you must be a Registered User and twenty-one (21) years of age or older at the time of registration for the 2021 BBC Service.
4. 2021 BBC Service.
Sign Up for the 2021 BBC Service. If you decide to purchase the 2021 BBC Service, you will be required to provide your credit card information. The 2021 FBC Service gives you access to the features of the 2021 BBC Service from the time you register through the remainder of the Term. The credit card that you provide as part of your enrollment will be billed for the 2021 BBC Service. You acknowledge and agree that you are solely responsible for providing accurate and up-to-date credit card information in connection with your enrollment for the 2021 BBC 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 2021 BBC Service. All currency references are in U.S. dollars. Please note that your payment for the 2021 BBC Service, except as provided for herein with respect to the BBC Money Back Guarantee, is non-refundable, and you may not cancel your 2021 BBC Service before the end of the Term.
Money Back Guarantee. In the event that you are dissatisfied with the 2021 BBC Service for any reason, you may qualify for a full refund of your enrollment fee in accordance with the BBC Money Back Guarantee, incorporated herein by reference.
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 2021 BBC Service and the CBS Sports Content.
Revision of the 2021 BBC Service. CBSI may modify, suspend or discontinue any aspect of the 2021 BBC 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 2021 BBC Service and/or the CBS Sports Content without notice or liability of any kind.
No Resale of the 2021 BBC Service. You agree that this BBCTOU is personal to you and that you may not resell, lease, license, assign, redistribute, use in a commercial way and/or derive any pecuniary gain, or otherwise transfer any portion of the 2021 BBC 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 2021 BBC Service. CBSI does not represent or warrant that every action you take with regard to your account and related activities in connection with the 2021 BBC 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 2021 BBC Service, including, without limitation, the CBS Sports Content.
Entertainment Purposes Only. The 2021 BBC Service is for entertainment purposes only and may not be used in connection with any form of gambling or wagering. The 2021 BBC Service including the CBS Sports Content may not be used in any commercial way, including, without limitation, to create, and/or operate as a business, and/or derive any pecuniary gain.
Statistics Corrections. Your league's web site will be updated to reflect official MLB statistics corrections that occur up to seven days after the game has been completed. For example, for a Saturday game, the official scoring change would have to be made by the following Saturday to be included in our statistics. If the change is made any later, it will not be included in our statistics and your official Fantasy scoring will be based on the original statistic. The final week of the regular season, and throughout the playoffs, statistics will be final on Monday morning at 6:00 a.m. eastern time ("ET") after the week of play has concluded.
Suspension and/or Termination of the 2021 BBC Service. The 2021 BBC 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 2021 BBC 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 2021 BBC Service.
5. License and Proprietary Rights.
2021 BBC 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 2021 BBC 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 2021 BBC Service, including, without limitation, the CBS Sports Content.
Copyright Notices. The 2021 BBC 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 2021 BBC 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 2021 BBC 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 2021 BBC 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 BBCTOU.
Reservation of Rights. Any and all rights to use the 2021 BBC Service, including, without limitation, any CBS Sports Content not expressly granted to you under this BBCTOU, are hereby reserved for CBSI. Nothing contained in this BBCTOU shall affect, impair or limit in any way CBSI�s rights to exploit fully the 2021 BBC 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 2021 BBC 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, trade secrets, 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 whatsoever.
6. Representations and Warranties.
You represent, warrant and covenant that you will not upload, post, transmit, distribute or otherwise publish through the 2021 BBC Service any materials which: (a) restrict or inhibit any other user from using and enjoying the 2021 BBC 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.
7. Disclaimer of Warranties.
THE 2021 BBC 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 2021 BBC SERVICE; (B) THE CBS SPORTS CONTENT MADE AVAILABLE TO YOU THROUGH THE 2021 BBC SERVICE; (C) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE 2021 BBC SERVICE; (D) THE ABILITY OF THE 2021 BBC SERVICE TO WORK WITH ANY PARTICULAR CLIENT APPLICATION; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE 2021 BBC SERVICE AND/OR THE CBS SPORTS WEBSITE. CBSI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE 2021 BBC SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE 2021 BBC SERVICE, THE CBSSPORTS.COM WEBSITE OR THE SERVERS THAT MAKE THE 2021 BBC SERVICE AND/OR THE CBSSPORTS.COM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CBSI DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE 2021 BBC 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 2021 BBC 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 2021 BBC 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 AND/OR FITNESS FOR A PARTICULAR PURPOSE.
CBSI AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE 2021 BBC 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 BBCTOU.
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 2021 BBC 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 FOR THE 2021 BBC SERVICE.
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 BBCTOU, including, without limitation, your use of the 2021 BBC 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 BBCTOU, the CBSSports.com website, and/or the 2021 BBC Service. Any controversy or claim arising out of or relating to these BBCTOU, the CBSSports.com website, and/or the 2021 BBC Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of JAMS in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, as modified by the JAMS Consumer Arbitration Minimum Standards. Class arbitrations and class actions are not permitted under any circumstances. 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 BBCTOU 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 BBCTOU and/or in connection with the entering of any judgment on an arbitration award in connection with these BBCTOU and/or the 2021 BBC Service, you irrevocably submit and consent to the exclusive jurisdiction and venue of the state of California and federal courts located in the City of San Francisco, County of San Francisco, and State of California. The parties agree not to raise the defense of forum non conveniens.
This BBCTOU 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 BBCTOU are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this BBCTOU or the intent of any provision of this BBCTOU. It is the intent of the Parties that neither this BBCTOU, nor any covenant in this BBCTOU, 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 BBCTOU. If any provision of these BBCTOU 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 these BBCTOU.
13. Report Violations
If you witness any user activity in the 2021 BBC Service that violates these BBCTOU, please notify us of the activity via the feedback form located at http://cbsi.force.com/CBSi/cbssports#feedback. CBSI cannot guarantee that any action will be taken as a result of your email, but we appreciate your help in making the 2021 BBC Service an enjoyable experience for everyone.