BroadbandSports Terms of Service for Your Personal Use
By using BroadbandSports's search engine, or other BroadbandSports services ("BroadbandSports Services"), you agree to be bound by the following terms and conditions (the "Terms of Service").
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all content available through the BroadbandSports.com domain name, the "BroadbandSports Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service"), THE TERMS AND CONDITIONS OF BROADBANDSPORTS'S PRIVACY POLICY AND EARN REWARDS TERMS AND CONDITIONS WHICH ARE PUBLISHED AT www.BroadbandSports.com, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, please do not use the BroadbandSports Website.
Personal Use Only
The BroadbandSports Services are made available for your personal, non-commercial use only. You may not use the BroadbandSports Services to sell a product or service, or for commercial reasons. You may not take the results from a BroadbandSports search and reformat and display them, or mirror the BroadbandSports home page or results pages on your Web site. You may not "meta-search" BroadbandSports. If you want to make commercial use of the BroadbandSports Services, you must enter into an agreement with BroadbandSports to do so in advance. Please contact us for more information. These Terms of Service apply to all users of the BroadbandSports Website, including users who are also contributors of video content, information and other materials or services on the Website. The BroadbandSports Website may contain links to third party websites that are not owned or controlled by BroadbandSports. The content or websites displayed as search results or linked to by BroadbandSports Services are developed by users over whom BroadbandSports exercises no control. The search results that appear from BroadbandSports's indices are indexed by BroadbandSports's automated programs and computers, and BroadbandSports cannot and does not screen the sites before including them in the search results of indices. A search using BroadbandSports Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a BroadbandSports search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the BroadbandSports Services. User Submissions
The BroadbandSports Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, BroadbandSports does not guarantee any confidentiality with respect to any submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize BroadbandSports to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and /or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you shall retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to BroadbandSports, you hereby grant BroadbandSports a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit the User Submissions in connection with the BroadbandSports Website and BroadbandSports's (and its successor's) business, including without limitation for promoting and redistributing part or all of the BroadbandSports Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the BroadbandSports Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. Changes In Terms and Conditions and BroadbandSports Search Service
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes. Intellectual Property Policy
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/). If we remove or disable access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the content submitter, owner or website administrator so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. Infringement Notification
To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. To expedite our ability to process your request, please use the following format (including section numbers):
Send the written communication to the following address:
BroadbandSports disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the BroadbandSports SERVICES results. BroadbandSports disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. BroadbandSports disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the BroadbandSports SERVICES. THE BROADBANDSPORTS SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE BROADBANDSPORTS SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. BROADBANDSPORTS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. BROADBANDSPORTS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE BroadbandSports SERVICES. BROADBANDSPORTS AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE BROADBANDSPORTS SERVICES. BROADBANDSPORTS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BROADBANDSPORTS SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE BROADBANDSPORTS SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE BROADBANDSPORTS SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE BROADBANDSPORTS SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BROADBANDSPORTS OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE BROADBANDSPORTS SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF BROADBANDSPORTS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE BROADBANDSPORTS SERVICES, FROM INABILITY TO USE THE BroadbandSports SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE BROADBANDSPORTS SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BROADBANDSPORTS SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE BROADBANDSPORTS SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE BROADBANDSPORTS SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE BROADBANDSPORTS SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE BroadbandSports SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE BroadbandSports SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Without limiting the foregoing, under no circumstances shall BroadbandSports or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by BroadbandSports. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age or, an emancipated minor or, possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the BroadbandSports Website is not intended for children under 13.
The BroadbandSports Services are made available for your personal, non-commercial use only. You may not use the BroadbandSports Services to sell a product or service, or for commercial reasons. You may not take the results from a BroadbandSports search and reformat and display them, or mirror the BroadbandSports home page or results pages on your Web site. You may not "meta-search" BroadbandSports. If you want to make commercial use of the BroadbandSports Services, you must enter into an agreement with BroadbandSports to do so in advance. Please contact us for more information. These Terms of Service apply to all users of the BroadbandSports Website, including users who are also contributors of video content, information and other materials or services on the Website. The BroadbandSports Website may contain links to third party websites that are not owned or controlled by BroadbandSports. The content or websites displayed as search results or linked to by BroadbandSports Services are developed by users over whom BroadbandSports exercises no control. The search results that appear from BroadbandSports's indices are indexed by BroadbandSports's automated programs and computers, and BroadbandSports cannot and does not screen the sites before including them in the search results of indices. A search using BroadbandSports Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a BroadbandSports search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the BroadbandSports Services. User Submissions
The BroadbandSports Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, BroadbandSports does not guarantee any confidentiality with respect to any submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize BroadbandSports to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and /or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you shall retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to BroadbandSports, you hereby grant BroadbandSports a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit the User Submissions in connection with the BroadbandSports Website and BroadbandSports's (and its successor's) business, including without limitation for promoting and redistributing part or all of the BroadbandSports Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the BroadbandSports Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. Changes In Terms and Conditions and BroadbandSports Search Service
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes. Intellectual Property Policy
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/). If we remove or disable access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the content submitter, owner or website administrator so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. Infringement Notification
To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. To expedite our ability to process your request, please use the following format (including section numbers):
- Identify in sufficient detail the copyrighted work that you believe has been infringed.
For example, "The copyrighted work at issue is the text that appears on www.broadbandsports.com/"exact file location" - Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
Send the written communication to the following address:
Katabak CorpDisclaimer of Warranties
Attn: DCMA Complaints
300 Queen Anne Ave N, #270
Seattle, WA 98109
BroadbandSports disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the BroadbandSports SERVICES results. BroadbandSports disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. BroadbandSports disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the BroadbandSports SERVICES. THE BROADBANDSPORTS SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE BROADBANDSPORTS SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. BROADBANDSPORTS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. BROADBANDSPORTS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE BroadbandSports SERVICES. BROADBANDSPORTS AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE BROADBANDSPORTS SERVICES. BROADBANDSPORTS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BROADBANDSPORTS SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE BROADBANDSPORTS SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE BROADBANDSPORTS SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE BROADBANDSPORTS SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BROADBANDSPORTS OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE BROADBANDSPORTS SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF BROADBANDSPORTS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE BROADBANDSPORTS SERVICES, FROM INABILITY TO USE THE BroadbandSports SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE BROADBANDSPORTS SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BROADBANDSPORTS SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE BROADBANDSPORTS SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE BROADBANDSPORTS SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE BROADBANDSPORTS SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE BroadbandSports SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE BroadbandSports SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Without limiting the foregoing, under no circumstances shall BroadbandSports or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by BroadbandSports. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age or, an emancipated minor or, possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the BroadbandSports Website is not intended for children under 13.
