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.
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 firstname.lastname@example.org or writing to Comcast SportsNet, 3601 South Broad Street, Philadelphia, PA 19148, Attn: Website Department.
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 email@example.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.
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.
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.
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.
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.
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.
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.
The section titles in these Terms are used solely for the convenience of you and SportsNet and have no legal or contractual significance.
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.
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.