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| | Monday, September 11 Terms of Service | |||||
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1. Services and Conditions of Use: Welcome to the ESPN.com online service! ESPN.com provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular ESPN.com services, you and ESPN.com shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. As part of our service, ESPN.com ("ESPN.com") agrees to provide you with information libraries, e-mail service, bulletin boards, games and other computer services that ESPN.com may decide to offer, subject to the terms of this Agreement. Upon notice published through the Service, ESPN.com may modify this Agreement at any time. You agree and continue to agree to use ESPN.com services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as "Customer" from time to time in this Agreement. 2. Your Registration Obligations In consideration of your use of the Service, 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 ESPN.com has reasonable grounds to suspect that such information provided is untrue, inaccurate, not current or incomplete, ESPN.com 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). 3. Rules For Online Conduct for ESPN.com Chat Rooms And Bulletin Boards You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not ESPN.com, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. ESPN.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ESPN.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. You agree to not use the Service to:
Statements or postings that violate the above terms will be deleted from postings upon discovery. Depending on the nature of the violation, ESPN.com at its sole discretion may terminate Customer's account. 4. Price And Payment Customer agrees to pay all charges to Customer's account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. ESPN.com reserves the right to change the amount of, or basis for determining, any fees or charges for the Service, and to institute new fees or charges effective upon prior notice to Customers. Customer must provide ESPN.com with valid credit card information. Please Note: ESPN.com will automatically renew and charge Customer's account as follows: * Every Month for Monthly Subscriptions * Upon every one(1) year anniversary for Annual Subscriptions * Upon every six (6) Months for six (6) Month Subscriptions The renewal charge shall be equal to the original customer signup price, unless otherwise notified in advance by ESPN.com. Customer will have forty-five (45) days after the date that any renewal fee is posted to Customer's charge account to notify ESPN.com that he or she wishes to cancel his or her subscription. ESPN.com will cancel Customer's account upon receipt of such notification and post a credit to Customer's charge account equal to the latest renewal fee charged. Customer's right to use the Service is subject to any limits established by ESPN.com or by Customer's credit card issuer. If payment cannot be charged to Customer's credit card or Customer's charge is returned to ESPN.com for any reason, ESPN.com reserves the right to either suspend or terminate Customer's access and account, thereby terminating this Agreement and all obligations of ESPN.com hereunder. ESPN.com agrees that it will terminate Customer's account upon notice from Customer. If cancellation is received within the first 30 days of Customer signing up for a service, Customer will be refunded all subscription fees for that service, but Customer will still be obligated to pay any other charges incurred. If Customer cancels a service after 30 days of signing up for a service, no refund for unused time on such service will be made. If Customer has a balance due on any ESPN.com account, Customer agrees that ESPN.com can charge these unpaid fees to their credit card. ESPN.com reserves the right to establish a credit limit (the "Ceiling") for each Customer. If a Customer's account reaches the ceiling at any time, Customer agrees that ESPN.com may immediately bill their credit card for all unpaid charges on account. Until further notice, the ceiling for each Customer shall be $100. If Customer has reason to believe that Customer's account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Customer's ID, password, or any credit, debit or charge card number stored on the Service), Customer must promptly change Customer's password and notify ESPN.com of the problem (by notice given as described in Section 9 below) to avoid possible liability for any unauthorized charges to Customer's account. 5. Non-Transferability of Membership ESPN.com grants to Customer a personal, non-exclusive, non-assignable and non-transferable license to use and display the ESPN.com software ("Software") on any machine(s) of which Customer is the primary User. Unauthorized copying of the Software or duplication of the software in any manner, including software that has been modified, merged or included with the Software, or the written materials associated therewith is expressly forbidden. Customer acknowledges that Customer may not sublicense, transfer, sell or assign this license or the Software. Any attempt to sublicense, transfer, sell or assign the license is void. 6. Software Libraries and Copyrighted Materials Only public domain software or graphics files or files where the owner has given express permission for online distribution may be posted to bulletin boards on the Service. The posting of any other type of file and the posting of links to any other type of file is strictly forbidden. The following types of files are examples of strictly forbidden postings: Unauthorized copies of copyrighted photographs, drawings, graphics, text or other writings, computer programs or other software, recordings or designs; files containing advertisements or solicitations aimed at persuading other members to use certain goods, services or material of a sexually explicitly nature, including photographs and text. Copyrighted material, including without limitation text, photographs, sound, video and music, may not be placed on the Service without the express permission of the author or owner of the copyright on the material. Customer acknowledges that only the owner or someone authorized by the owner to post the material may do so. Downloading of copyrighted material is allowed only for Customers' own use. Customers may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material. The burden of determining that any information, software or any other content on the Service is not protected by copyright rests with the Customer. Customer acknowledges that ESPN.com and/or third party content providers remain the owners of the posted materials, and that Customer does not acquire any of those ownership rights by downloading copyrighted materials. 7. Limitation Of Liability And Warranty CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. ESPN.COMS SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE ESPN.COM SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, ESPN.COM DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT ESPN.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER. NEITHER ESPN.COM NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE. 8. Trademarks SportsZone, Starwave, the Starwave logo, ESPN and ESPNET are trademarks of Starwave, Inc. and ESPN, Inc. respectively. All other trademarks appearing on the Service are trademarks of their respective owners. 9. Notice ESPN.com may give notice to Customers by means of a general notice on the Service, electronic mail to Customer's e-mail address on record in ESPN.com's account information, or by written communication sent by first class mail to a Customer's address on record in ESPN.com's account information. You may give notice to ESPN.com (such notice shall be deemed given when received by ESPN.com at any time by any of the following:
ESPN.com - Disney Internet Group 10. Indemnification Customer agrees to indemnify and hold ESPN.com and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. 11. Termination Of Service You agree that ESPN.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if ESPN.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. ESPN.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that ESPN.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that ESPN.com shall not be liable to you or any third party for any termination of your access to the Service. 12. Choice Of Law This Agreement shall be construed and controlled by the laws of the State of Washington. Further, the laws of the State of Washington will govern any dispute arising from the terms of this agreement or a breach of this Agreement. Customer agrees to personal jurisdiction by the state and federal courts sitting in the State of Washington. 13. Merger Clause This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between ESPN.com representatives and Customer. ESPN.com may amend or modify this Agreement or impose new conditions at any time upon notice from ESPN.com to Customer as published through the Service. Any use of the Service by Customer after such notice shall be deemed to constitute acceptance by Customer of such amendments, modifications or new conditions. 14. Associated Press Notice Associated Press text, photos, graphics, audio and/or video materials shall not directly or indirectly be published, rewritten for broadcast or publication or redistributed in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Subscriber does not hold the AP liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising from any of the foregoing. 15. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT It is the policy of ESPN Internet Ventures to respond to claims of intellectual property infringement. ESPN Internet Ventures will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent: Service Provider(s): ESPN Internet Ventures Name of Agent Designated to Receive Notification of Claimed Infringement: Lynnore S. Thames Full Address of Designated Agent to Which Notification Should be Sent: 605 Third Avenue, New York, NY 10158 Telephone Number of Designated Agent: 212-672-2500 Facsimile Number of Designated Agent: 212-697-5359 Email Address of Designated Agent: eiglegal@corp.go.com
To be effective, the notification must be a written communication that includes the following: | ||||||
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