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Global Sports Terms of Use Agreement

Last Updated: 16 Aug 2008

PLEASE READ AND UNDERSTAND THESE TERMS OF USE CAREFULLY BEFORE USING THE GLOBAL SPORTS PLATFORM

By using the Global Sports Platform, you explicitly agree to be legally bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use the Global Sports Platform and are welcome to exit the Site now. Global Sports reserves the right to modify these Terms of Use periodically without prior notice. It is therefore important for you to review these Terms of Use periodically to ensure your awareness of any changes.

A FEW SIMPLE RULES

1) Don’t post any material on the Site that you wouldn’t want your Mom to know you posted. This means don’t post photos or videos containing nudity or that are of a sexual nature, and don’t post text/audio containing profanity. If you do, you will be removed from the Platform immediately and permanently.

2) Don’t post any material that is hateful or furthers sentiments of racism, discrimination or bigotry.

HOW WE OPERATE

Global Sports publishes Content online (Video, Photo, Text and Audio) provided by three sources: 1) Global Sports Staff; 2) Global Sports Sponsor Organizations and Member Firms – these are participating Conferences, Leagues, Schools and Private Clubs; and 3) Global Sports End-users – these are students, athletes, fans, family and friends of athletes who register and become members of the Global Sports Platform.

1. THE SERVICE. Global Sports owns and operates various services through which registered users can access online media for a fee (each a "Service"). The Services are accessible at various worldwide web sites that are owned and/or controlled by Global Sports or through other electronic media and means.

2. ACCEPTANCE OF TERMS AND CONDITIONS. Your use of one or more of Global Sports' Services is subject to the following Terms of Use ("Terms"), which may be updated in accordance with Section 21 below. If you do not agree with any part of the following Terms or any other terms expressly specified by Global Sports in connection with a transaction (such as pricing), you shall not use any of the Services. You acknowledge and agree that any use of one or more Services by you shall constitute your acceptance of these Terms. If you violate any of these Terms, your permission to access and view the Services automatically terminates and you must immediately destroy any copies you have made.

3. SCOPE OF SERVICE. You understand and agree that the Services may include content such as advertisements, service announcements, program information and administrative messages. Such content is considered part of the Service and you will not be able to opt out of receiving it. Unless explicitly stated otherwise, any new features that augment or enhance the current Service(s) or are delivered through other distribution means shall be subject to these Terms. You understand and agree that the Services are provided "AS IS" and that Global Sports assumes no responsibility for the timeliness, deletion, non-delivery or failure to store any user correspondence, information, or personalization settings. You are solely responsible for obtaining access to the Services and that access may involve third party fees (such as Internet service provider or air time charges). You are solely responsible for those fees. In addition, you must provide and are solely responsible for all equipment necessary for you to access the Services. You agree not to access the Services by any means other than through the interface that is provided by Global Sports for use in accessing the Services. You also acknowledge that your right to access the Services is limited to the number of hours (or other applicable parameters) specified in the subscription package you purchase from Global Sports. Due to rights restrictions; certain programming may not be available in certain territories. You agree that your subscription may not entitle you to receive all the programming on one or more of the Services.

4. CONTENT RIGHTS AND OWNERSHIP. You acknowledge and agree that the information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") presented to you through the Services or contained in sponsor advertisements are protected by copyright, trademarks, service marks, patents and/or other proprietary rights and laws. Subject always to these Terms, Global Sports grants you a personal, non-transferable and non-exclusive license to stream, download (solely to the extent permitted by Global Sports in advance in writing) and/or view the Content for non-commercial, personal use only, provided that you also retain all copyright and other proprietary notices contained on the materials. Other than for your personal and private viewing, you agree not to distribute, modify, transmit, reuse, re-post, or use the Content available on any Site for any purpose, and further agree not to modify, rent, lease, loan, sell, distribute, reverse engineer (other than to the extent permitted by law) or create derivative works based on the Content, in whole or in part, without Global Sports’ prior express written permission. Images of people or places displayed on the Sites are either the property of Global Sports or third parties. The use of these images by you, or anyone else authorized by you, is prohibited except to the extent specifically permitted by these Terms or specific permission provided elsewhere by Global Sports in writing. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Where your license with respect to certain Content is restricted to certain territories, you agree not to redistribute or in any way assist in the redistribution of the Content outside said territories.

5. PRIVACY POLICY AND USER SUBMISSIONS. Any collection or use of personally identifiable information collected from you via the Services is governed by Global Sports' Privacy Policy, which is incorporated by reference herein and is available at Global Sports' home page www.Global Sports.net. To the extent particular pages or features of the Services permit the submission of communications which will be treated by Global Sports as confidential (including features that collect your personally identifiable contact information), that fact will be stated clearly on the applicable web pages or features, and such information will be subject to said Privacy Policy. All other communications or submissions to Global Sports, including submissions to a chat room, message board, comments, profile pages including user-generated photos/videos/audio, third party applications such as gift-giving, bookmarking tools, interactive games, survey/quizzes, customer testimonials or similar feature of the Services, is hereby deemed non-confidential and non-proprietary on your part. By posting text or other material at or through non-confidential portions or features of the Services, you hereby assign to Global Sports all rights therein, including without limitation the right to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such text and material alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights. All comments, feedback, suggestions and ideas submitted to Global Sports in connection with your use of the Services are hereby deemed Global Sports' sole property and subject to disclosure and use by Global Sports without an obligation to compensate you in any manner. You should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. Global Sports is not responsible for the personally identifiable information you choose to submit in these forums. In addition, all users of Global Sports blogs and forums must adhere to the Global Sports Member Conduct listed in this Privacy Policy. You understand that all information, data, text, messages, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Global Sports is entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services.

6. YOUR REGISTRATION OBLIGATIONS. In consideration of your use of the Service(s), you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Global Sports has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Global Sports has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Global Sports is concerned about the safety and privacy of all its users, particularly children. Please remember that the Services may contain Content that addresses topics for a mature audience, including discussions or depictions of a sexual, violent or drug-related nature. Accordingly, it is your sole responsibility to determine whether any of the Services and/or Content is appropriate for your child.

7. PAYMENT TERMS. The credit card or alternate payment method that you provide as part of your Registration Data will be automatically charged the then-current fee for the applicable Service. All fees are non-refundable and non-creditable. All price references are in U.S. dollars. The prices and terms of sale for subscriptions to any Service and other Content transactions will be those in effect (and presented to you either through the purchase process and/or incorporated by reference via presenting you with a link to the purchase terms during that process) on the date on which you submitted sufficient information to complete your order (e.g. valid credit card information). Global Sports reserves the right to change prices for its Services at any time, and Global Sports is not responsible to you for any sudden price changes, including without limitation requiring payment for Content that was previously free or reducing or eliminating charges for Content that previously required payment (whether or not you had subscribed to such Content). Notwithstanding the foregoing, if Global Sports raises the price of, or otherwise changes the material terms to, a subscription package, Global Sports will give current affected subscribers advance notice by using the contact information provided as part of the Registration Data, and such subscribers may cancel the relevant subscription(s) within thirty (30) days of the notification to avoid being bound by the new pricing or terms. Automatically renewing subscriptions will be automatically charged to you at the then-current price at the time of renewal using the credit card or other payment methods used by you. If you have insufficient funds available or automatic payment is otherwise unavailable, your subscriptions may not automatically renew. You are responsible for keeping Global Sports informed of your current email address, for checking your spam/bulk mail filters for important notices about upcoming changes to your Service, for contacting us via email if you do not accept those changes, and for the loss or non-delivery of such notices. Global Sports shall not be liable in any way with respect to the timing of any charges to your credit card.

8. CANCELLATION OF SUBSCRIPTIONS. Subscriptions to the Service may be provided on a monthly, annual or other periodic basis commencing on the date that you sign up for the Service. For each Service to which you subscribe, your subscription may automatically renew immediately upon the expiration of the then-current term and your credit card or other payment method submitted when initially subscribed to the service, will automatically be charged the then-current price for the applicable Service, unless you cancel the applicable Service in accordance with this section or, if the Service to which you subscribe to has a limited time period. You can cancel a subscription to a Service at any time by contacting us and requesting cancellation of the applicable subscription. Cancellation of a subscription prior to the end of the applicable pre-paid term will not take effect until the end of that term and you will not receive a refund in respect to any portion of the pre-paid fee. During that time, you will continue to have access to the Service until the conclusion of the particular term of your subscription.
For example, if you cancel a monthly subscription ten (10) days after your credit card or alternative payment method has been billed for your subscription for a particular month, e.g. June, you will continue to have access to the Service for the remaining twenty (20) days of the term, and the cancellation will become effective at the end of that remaining 20-day period. Some events are linked to certain particular Service subscription packages. If you have an event package linked to a subscription, you cannot cancel such a subscription without also losing access to the specific event package.

9. TERMINATION AND SUSPENSION OF ACCOUNT. Global Sports expressly reserves the right to, at its option, immediately modify, suspend or terminate your account and refuse current or future use of any Service by you if:

(a) your credit card or alternative payment method is invalid for any reason;

(b) you charge back to your credit card or alternative payment method the fees due to Global Sports;

(d) Global Sports, in its sole discretion, believes you have violated or tried to violate the rights of others;

(e) Global Sports, in its sole discretion, believes you have failed to provide or maintain valid, accurate, current and complete Registration Data or other information;

(f) Global Sports, in its sole discretion, believes you have disclosed your Service password or other information to any third party, or used your account to enable access to the Service for anyone other than yourself;

(g) Global Sports, in its sole discretion, believes you have acted inconsistently with the spirit or letter of the Terms; or

(h) Global Sports, in its sole discretion, believes your safety, or the safety of other users of the Service or the general public, is in jeopardy.

Global Sports may exercise its remedies immediately upon occurrence of the events listed above, without prior notice to you and without refund or compensation to you. Global Sports shall have the right to terminate your account and refuse current or future use of any Service by you for any reason other than those set forth above or no reason, provided Global Sports refunds to you (a) for the subscription period of each affected Service that has not yet commenced, the Service subscription fee you have pre-paid to Global Sports and (b) for subscription periods of each affected Service that is longer than one month and has already commenced, the prorated amount of the applicable pre-paid subscription fee attributable to the then-current month and the remainder of the subscription period. Except as expressly set forth above, Global Sports' actions in exercising its rights hereunder shall not relieve you from your obligations under the Terms.

10. MODIFICATIONS TO SERVICE. The Services are offered at the sole discretion of Global Sports. Global Sports reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any Service (or any part thereof) with or without notice in its sole discretion. You agree that Global Sports shall not be liable to you or to any third party for any modification, suspension or discontinuance of any Service or any part thereof.

11. MEMBER ACCOUNT, PASSWORD AND SECURITY. You will receive a password and/or personal identification number (PIN) upon completing the Service's registration process and account set up. You are responsible for maintaining the confidentiality of the password and/or PIN, and are fully responsible for all activities on your account that occur under your password and/or PIN. You agree to (a) immediately notify Global Sports of any unauthorized use of your password, PIN or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. To the maximum extent permitted by law, Global Sports will not be liable for any loss or damage arising from your failure to comply with this section.

12. MEMBER CONDUCT. You agree that you will not: (a) interfere with or disrupt any Service, any servers or networks connected to the Service or Global Sports’ websites, (b) disobey any requirements, procedures, policies or regulations of networks connected to the Service, (c) violate any applicable local, state, national or international law or regulations, (d) use the Services or Global Sports’ websites in a manner that infringes another party's intellectual property rights, or that violates another party's privacy rights or rights of publicity; (e) introduce viruses, Trojan horses, worms or other harmful computer programming routines into the Services or Global Sports’ websites; (f) use any robot, spider, other automatic device or process to monitor or copy any portion of the Services or Global Sports’ websites; or (g) probe, scan or test the vulnerability of the Services or Global Sports’ websites, or breach the security or authentication measures thereof.

13. SPECIAL ADMONITIONS FOR INTERNATIONAL USE. The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export any materials made available by Global Sports to countries or persons prohibited under the export control laws. By accessing the Services, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export or re-export of any material.

14. DEALINGS WITH ADVERTISERS. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through any Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Global Sports shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on any Service.

15. THIRD PARTY CONTENT AND LINKS. You agree that Global Sports' Content providers, and not Global Sports, are entirely responsible for all Content and any other information (e.g., titles and descriptions) that such Content providers make available on or through the Service. You also agree that, to the extent Global Sports users post any information on or through the Service, those users, and not Global Sports, are entirely responsible for all information posted by them. Global Sports does not and has no obligation to control Content or other information made available by anyone other than Global Sports itself and, as such, does not guarantee the accuracy, integrity or quality of such Content or information. Global Sports shall not be liable in any way for any Content or other information made available by anyone other than Global Sports itself, including without limitation for any loss or damage of any kind from infringement of any copyright, performing right, right of privacy, trademark, moral right, patent, trade secret or other proprietary right or interest, or from any defamation, obscenity, pornography, harassment, error or omission. The Services may provide, or third parties may provide, links to websites or resources not owned or controlled by Global Sports. Because Global Sports has no control over such sites and resources, you acknowledge and agree that Global Sports is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Global Sports shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

16. DISCLAIMERS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GLOBAL SPORTS EXPRESSLY DISCLAIMS ALL WARRANTIES, TERMS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. GLOBAL SPORTS MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE SERVICES OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE OR TIMELY (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE(S) WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN ANY SOFTWARE OR CONTENT WILL BE CORRECTED. ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE(S) IS DONE AT YOUR OWN DISCRETION AND RISK, AND, WITHOUT PREJUDICE TO SECTION 18 BELOW, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACCESS. DOWNLOAD, VIEWING OR USE OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GLOBAL SPORTS OR THROUGH OR FROM ANY SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

17. LIMITATIONS OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GLOBAL SPORTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ANY LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFIT ON CONTRACTS), REVENUE, BUSINESS, OPPORTUNITY, ANTICIPATED SAVINGS, USE OF MONEY, GOODWILL, REPUTATION, USE, DATA OR ANY OTHER INTANGIBLE LOSSES (EVEN IF GLOBAL SPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE ANY SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH ANY SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. WITHOUT LIMITING THE FOREGOING, GLOBAL SPORTS’ AGGREGATE LIABILITY UNDER THESE TERMS SHALL IN NO EVENT EXCEED 100% OF THE AGGREGATE AMOUNTS PAID OR PAYABLE BY YOU TO GLOBAL SPORTS UNDER THESE TERMS.

18. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

19. INDEMNITY. You agree to indemnify, defend and hold Global Sports, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claims, actions demands, damages or losses (including reasonable costs, legal fees and expert costs) incurred in connection with any third party claim arising out of your use of the Service(s), your connection to the Service(s), your violation of the Terms, or your violation of any rights of another.

20. COMPLAINTS AND INVESTIGATIONS. In order to ensure that Global Sports provides a high-quality and law-abiding service, Global Sports reserves the right to access your account and information to investigate complaints or allegations of abuse against you, whether or not made pursuant to the Digital Millennium Copyright Act ("DMCA"). Global Sports does not have an obligation to inform you of any complaints against you or the commencement or results of any investigation. Global Sports has no obligation to investigate any complaint made by you or against you. Global Sports reserves the right, but has no obligation, to take any action Global Sports deems appropriate following an investigation, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any relevant information, including without limitation your contact information, usage history, posted materials, IP addresses and traffic information.

In the event you believe your copyrighted Content is being infringed upon through the Service, you agree to provide Global Sports with notice of such infringement pursuant to the DMCA, 17 U.S.C. § 512 in particular. More specifically, you agree that you will provide Global Sports' Copyright Agent the written information provided below. You acknowledge this procedure is exclusively for notifying Global Sports that you believe your copyrighted material has been infringed.

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

21. NOTICE. Notices to you may be made via either email or postal mail, using the then-current address information you have provided to Global Sports as part of the Registration Data, as updated by you. The Service or Global Sports’ system may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on or in connection with the Service(s).

22. TRADEMARK INFORMATION. The "Global Sports" trademark and all other logos, trademarks, service marks and product and service names associated with Global Sports and/or the Services (the "Global Sports Marks") are owned by Global Sports or its affiliates or vendors. You agree not to display or use in any manner the Global Sports Marks without prior permission from Global Sports.

23. AMENDMENT OF TERMS. Global Sports may amend these Terms at any time by posting the amended Terms on the Sites, and such amended terms and conditions will automatically be effective immediately upon being posted. The Terms may not otherwise be amended except in writing signed by you and Global Sports. If you do not agree to the amended terms and conditions, your sole option is to cease all use of the Service(s) Any use of the Service(s) after the amended Terms become effective will be deemed an express acceptance by you of the amended Terms.

24. GENERAL INFORMATION. Except for the written terms of any transaction conveyed to you by Global Sports via other means (e.g., a web page and check-out function specifying Service pricing and Service-specific terms and conditions) these Terms constitute the entire agreement between you and Global Sports with respect to the Services and govern your use of the Service(s), superseding any prior agreements between you and Global Sports with respect to the Services. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third party software. The failure of Global Sports to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service(s) or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.