“Content” means, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to RC or GOS for use in connection with the Website, the Servcies or otherwise in connection with GOS’s GameOnStream technology, and includes, without limitation, video and audio footage, photographs, text, images, statistics, logos and other media and intellectual property related to or otherwise associated with RC and GOS, its users and subscribers, and organizations, teams, athletes and spectators involved in any sport and/or event utilizing GOS’s GameOnStream technology.
RC and GOS do not guarantee the quality and/or availability of Content, which is subject to transmission limitations of the internet, including, but not limited to, video and/or audio dropouts, rebuffering and loss of connection. Programming and pricing are subject to availability and change at RC’s and/or GOS’s sole discretion. Blackout restrictions may apply to the Services. Users require a high speed internet connection to view Content.
In order to access some features of the Services, you will be required to subscribe to the Services by establishing a TigerNet LIVE/RC and GOS account. You are prohibited from using any other user's account without RC’s, GOS’s and such user’s express written permission, which permission may be denied in RC’s and/or GOS’s sole discretion. When establishing your account you must provide accurate and complete information. You are solely responsible for maintaining the confidentiality and security of your user name and password and for all activity on your account. You must notify RC and GOS immediately of any breach of security or unauthorized use of your name, password or account. You shall be held liable for any loss or damage to RC, GOS and any third party arising from or related to your failure to comply with this provision and/or caused by any unauthorized use of your account.
Subscription activation and subsequent ability to access subscription and pay-per-view Content may require payment via major credit card and also may be subject to the approval of your credit card carrier and verification of any other information that you submit or that is otherwise obtained by RC and GOS (e.g., your IP address).
2. You agree not to distribute in any medium (whether now or hereinafter in existence) the Services or the Content, in whole or in part, without RC’s and GOS's prior written authorization, unless RC and GOS permit such distribution under the terms of your TigerNet LIVE/RC and GOS subscriptions or make available the means for such distribution through functionality offered by the Services and such distribution is expressly authorized by RC and GOS in connection with such Services.
3. You agree not to revise, alter or modify the Services, in whole or in part.
4. You agree not to access Content through any technology or means other than the video playback and/or live streaming pages of the Website itself or other expressly authorized means RC and GOS may designate from time to time, in its sole discretion.
5. You agree not to use or permit the use of the Website or the Services for any of the following commercial uses unless you obtain the prior written approval of RC and GOS:
(i) the sale of access to the Services and/or Content;
(ii) the sale of advertising, sponsorships, or promotions for placement on or within the Services or Content; or
(iii) the sale of advertising, sponsorships, or promotions for placement on any page of an ad-enabled blog or website containing Content delivered via the Services, unless other material not obtained from RC and GOS appears on the same page and is of sufficient value to be the basis for such sales, as determined by RC and GOS in their sole discretion.
6. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that access the Website and/or Services in a manner that sends more request messages to the RC and GOS servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, RC and GOS grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. RC and GOS reserves the right to revoke these exceptions either generally or in specific cases.
7. You agree not to collect or harvest any personally identifiable information, including subscriber names, from the Website and Services, or to use the communication systems provided by the Website and Services (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services with respect to their Content.
8. In accessing the Website and utilizing the Services, you agree to comply with all applicable laws.
9. RC and GOS reserves the right to discontinue the Website and/or any aspect of the Services at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
The Content and the trademarks, service marks and logos ("Marks") used on and in connection with the Website and Services, are owned by or licensed to RC and GOS, subject to trademark, copyright and other intellectual property laws.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Website and the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein (including, but not limited to, blackout restrictions). Breach of this provision will subject your account to immediate termination and RC and GOS reserves the right to seek damages in connection therewith and to report such misconduct to appropriate law enforcement authorities.
You understand that when using the Services, you will be exposed to Content from a variety of sources, and that RC and GOS is not responsible for the accuracy, usefulness, safety or other matters not within RC’s and GOS’s control of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against RC and GOS with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless RC and GOS, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your access and use of the Website and Services.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RC AND GOS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND SERVICES AND YOUR USE THEREOF. RC AND GOS MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF RC’S OR GOS’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR SERVICES OR ISSUES REGARDING THE QUALITY OF ANY BROADCAST OR OTHER CONTENT INCLUDING, BUT NOT LIMITED TO, CAMERA ANGLES, IN-GAME GRAPHICS, AUDIO OR VIDEO QUALITY, COMMENTARY, OR CONTENT, IN FULL OR IN PART, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICES BY ANY THIRD PARTY, AND/OR (V) 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, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. NEITHER RC NOR GOS WARRANTS, ENDORSES, GUARANTEES, OR ASSUMES RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NEITHER RC NOR GOS WILL BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
IN NO EVENT SHALL RC OR GOS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF RC’S OR GOS’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND REGARDLESS OF WHETHER RC AND/OR GOS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER RC NOR GOS SHALL BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AND RC AND GOS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION FIRST ARISES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Dated: August 23, 2013