Terms & Conditions
1. ACCEPTANCE OF TERMS
3. DESCRIPTION OF SERVICE
Bay Sports Net provides services and content relating to Bay Area sports, as described more fully on the Site (the “Service”). The Service shall include, but not be limited to, any service and content Bay Sports Net performs for you, as well as the offering of any materials displayed or performed on or through the Service, including but not limited to text, user comments, messages, information, data, graphics, news articles, editorials, photographs, images, illustrations, software, audio clips and video clips (collectively “Content”). Bay Sports Net may alter, suspend or discontinue the Service, including any Content, for any reason, at any time, including the availability of any feature or content. Bay Sports Net may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
You can browse Bay Sports Net and enjoy the Content without registering. In order to post any Content or access certain features of the Service, you must register with Bay Sports Net (which may include connecting to Bay Sports Net through a third-party service) When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your Bay Sports Net password.
You are solely responsible for the activity that occurs on your account. You must notify Bay Sports Net immediately of any breach of security or unauthorized use of your account. Although Bay Sports Net will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Bay Sports Net or others due to such unauthorized use.
By providing Bay Sports Net your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Service.
The Service is provided for your personal, noncommercial use only. You may not use the Service for commercial purposes.
6. USER CONDUCT
By way of example, and not as a limitation, you agree not to use the Service:
1. to abuse, harass, threaten, impersonate, or intimidate other Bay Sports Net users;
2. to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, or offensive; that you know to be false, misleading, or untrue; or that otherwise violates any law or right of any third party;
3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws in your use of the Service;
4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Bay Sports Net user;
5. to create or submit unwanted email (“Spam”) to any other Bay Sports Net users or any URL;
6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
8. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures we may use to prevent or restrict access to the Service;
9. with the intention of artificially inflating or altering the ‘read counts’, or participating in any other organized effort that in any way artificially alters the results of Bay Sports Net’s services.
Bay Sports Net may remove any Content or deactivate any Bay Sports Net account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
7. USER CONTENT
By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Site or otherwise through the Service (your “User Content”), you represent and warrant that you own all rights in your User Content and that any User Content you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of publicity or privacy. Bay Sports Net reserves the right, but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions.
Bay Sports Net takes no responsibility and assumes no liability for any User Content that you or any other users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. Bay Sports Net is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Bay Sports Net shall not be liable for any damages you allege to incur as a result of such User Content.
We may provide various opportunities and programs relating to User Content on the Service (“User Content Programs”). Some User Content Programs may require you to submit an application to participate, which Bay Sports Net may approve or deny in its sole discretion. Your use of the Service, including without limitation participation in any User Content Program, is strictly on a volunteer basis for the benefit of you and the public at large, and does not form an employer-employee relationship, partnership, or co-authorship between you and Bay Sports Net. While Bay Sports Net may reward you for your participation in a User Content Program, you will not receive any compensation of any type for your participation, and you acknowledge that you are participating in the program solely for your own personal benefit and desire to contribute to the program. You acknowledge and agree that Bay Sports Net does not have the right to and shall not control the manner and method in which you may create your User Content. Any suggestions Bay Sports Net may make about your User Content are only suggestions, based on our understanding of how users typically access Content and use the Service. You are not required to implement any suggestion made by Bay Sports Net regarding your User Content or to perform any requested activity or task, and you do so at your own volition and risk. You agree that you are the sole author of your User Content, and that Bay Sports Net does not participate in the creation of any of your User Content.
You are solely responsible for your interactions with other Bay Sports Net Users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
8. LICENSE GRANT
By posting any User Content, you expressly grant, and you represent and warrant that you have a right to grant, to Bay Sports Net a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, transmit, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed.
9. OUR PROPRIETARY RIGHTS
12. WARRANTY DISCLAIMERS
You acknowledge that Bay Sports Net has no control over, and no duty to take any action regarding: which users gain access to the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Bay Sports Net from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Bay Sports Net makes no representations concerning any content contained in or accessed through the Service, and Bay Sports Net will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BAY SPORTS NET, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
BAY SPORTS NET DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH BAY SPORTS NET SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BAY SPORTS NET WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL BAY SPORTS NET, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100, EVEN IF BAY SPORTS NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL BAY SPORTS NET BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled from its facilities in the United States. Bay Sports Net makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Bay Sports Net may provide notifications, whether such notifications are required by law or are for other business purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Site, as determined by Bay Sports Net in our sole discretion. Bay Sports Net reserves the right to determine the form and means of providing notifications to users, provided that you may opt out of certain means of notification as described in this Agreement. Bay Sports Net is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.