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HS Sports TV
Terms of Service and Membership Agreement |
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THIS AGREEMENT
DESCRIBES THE TERMS AND CONDITIONS PURSUANT TO WHICH HSsportsTV, INC
("HSsports") PROVIDES YOU WITH VIDEO AND AUDIO ENTERTAINMENT AND INFORMATION VIA
HSsportsTV.NET (THE "SERVICE"). BY CLICKING THE "ACCEPT" BUTTON, WHERE THIS
OPTION IS MADE AVAILBLE TO YOU IN THE USER INTERFACE FOR OUR SERVICE; OR BY
ACTUALLY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE AND
THAT HS SPORTS WILL TREAT EITHER AS YOUR ACCEPTANCE OF THE TERMS OF SERVICE FROM
THAT POINT ONWARDS. BY CONTINUING USE, YOU AGREE TO BE LEGALLY BOUND BY THE
TERMS AND CONDITIONS OF THIS AGREEMENT.
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Registration. Before you are provided full access to the Service, you will
be required to register. In connection with such registration, you represent and
warrant that the information that you provided in the registration process is
current, complete and accurate. You agree to maintain and promptly update your
information so that it remains current, complete and accurate.
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User Name and Password. Upon
completion of the registration process, you will be assigned a user name and
password with which to access and use the Service. You are responsible for any
access to or use of the Service that is made with the user name and password
assigned to you, regardless of whether you authorized such access or use. You
are responsible for protecting your user name and password from any unauthorized
use. If you believe someone has accessed the Service using your user name and
password without your authorization, you must notify HSsports at
support@hssportstv.net. You may not assign your
user name and password to anyone else, and any attempted assignment is void. |
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Use of
the Service. You agree to use the Service in accordance with this Agreement
and all applicable laws, rules and regulations. You agree not to use the Service
in any way that violates the rights of others (including, but not limited to,
copyrights and other intellectual property rights, and rights of privacy and
publicity), or in any way that may give rise to liability for HSsports. Any
access to or use of the Service or the computer systems used to provide the
Service that is not in accordance with the express provisions of this Agreement
is expressly unauthorized.
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Cancellation of Service. Your
Cancellation Rights: You may cancel your membership at any time by
notifying HS Sports at
support@hssportstv.net. Cancellation will be effective at the end
of the month during which you notify HSsports of your cancellation.
HSsports Cancellation Rights: HS Sports may suspend or terminate your
access to the Service immediately if HSsports reasonably determines that you are
in violation of this Agreement.
Third
Party Media Players. Your access to or use of the Service may require your
use of a media player or other application that is not provided by HS Sports.
Your use of such media player or other application will be governed by the
license agreement accompanying the same, and you agree to comply with all of the
terms and conditions of such license agreement.
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Intellectual Property Rights. Subject to the terms and conditions of this
Agreement, HS Sports grants you the limited right and license to use the Service
to access the video, audio and other content that is provided through the
Service. Except for the right and license expressly granted in this paragraph,
no right or license is granted by implication, estoppel or otherwise, and
HSsports and its licensors reserve all right, title and interest in and to the
Service, the websites through which the Service is provided, all video, audio,
news and other content provided through the Service, any trademarks and service
marks appearing in the Service, and all software utilized to operate or provide
the Service, the websites or such content, including, but not limited to, any
rights under copyright, patent, trademark, service mark, or trade dress (whether
or not any of these are registered), any proprietary rights in trade secrets,
know-how, designs or databases, and any right or form of protection similar to
any of the foregoing existing anywhere in the world. Without limiting the
foregoing, HSsportsTV, Inc, HSsportsTV.net and each of their logos are
trademarks of HSsportsTV, Inc. or its affiliates, and any use of such trademarks
shall inure to the benefit of HSsportsTV, Inc.
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Disclaimer of Warranty.
HSSPORTS PROVIDES THE SERVICE ON AN “AS IS”
BASIS. NEITHER HSSPORTS, ITS AFFILIATES, NOR THEIR RESPECTIVE SERVICE PROVIDERS,
SUPPLIERS OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR
STATUTORY, WITH RESPECT TO THE SERVICE, THE VIDEO, AUDIO, OR OTHER CONTENT
PROVIDED THROUGHT THE SERVIC INCLUDING, BUT NOT LIMITED TO, (A) ANY WARRANTY OF
ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY (B) ANY WARRANTY THAT THE
SERVICE WILL BE PROVIDED ERROR-FREE OR WITHOUT INTERRUPTION, OR (C) ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
NON-INFRINGEMENT, AND HS SPORTS, ITS AFFILIATES AND THEIR RESPECTIVE SERVICE
PROVIDERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM THE SAME. SOME JURISDICTIONS
DO NOT ALLOW LIMITATIONS OR DISCLAIMERS OF IMPLIED WARRANTIES, SO THE
LIMITATIONS AND DISCLAIMERS SET FORTH IN THIS PARAGRAGH MAY NOT APPLY TO YOU.
THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS,
WHICH VARY FROM JURISDICTION TO JURISDICTION. |
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Limitation of Liability. IN NO EVENT SHALL HSSPORTS, ITS AFFILIATES, OR
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS,
SUPPLIERS OR LICENSORS BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE
THE SERVICE, WHETHER OR NOT HS SPORTS HAD BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL
HS SPORTS BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN I RELIANCE ON ANY
VIDEO, AUDIO OR OTHER CONTENT PROVIDED THROUGH THE SERVICE. IN NO EVENT SHALL HS
SPORTS LIABILITY ARISING FROM ANY CLAIM RELATED TO THE SERVICE OR ANY VIDEO,
AUDIO OR OTHER CONTENT PROVIDED THROUGH THE SERVICE EXCEED THE AMOUNT YOU PAID
TO HSSPORTS FOR THE USE OF THE SERVICE DURING THE 12 MONTHS IMMEDIATELY
PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. 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
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Amendments. HSsports reserves the
right to modify the terms and conditions of this Agreement in its sole
discretion at any time by posting a revised version of this Agreement at
http://www.hssportstv.net/website/termsofservice or otherwise making it
available for your review. Any modifications to this Agreement, including, but
not limited to, any modifications to the warranty disclaimers or limitations of
liability contained in this Agreement, will supersede the prior agreement
provisions for all activity occurring after the revised version has been made
available in the manner described above. Your continued use of the Service after
the revised version is made available constitutes your agreement to the
revision.
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Miscellaneous. This Agreement and any operating rules for the Service
established by HSsports constitute the entire agreement between you and
HSsports, provided that, if there is any conflict or inconsistency between this
Agreement and the any other HSsports interactive service Agreement, this
Agreement shall govern with respect to any matter relating to the Service. This
Agreement may not be amended or modified other than in the manner described
above. If any provision in this Agreement is held to be illegal, invalid or
unenforceable, the remaining terms of this Agreement shall remain in full force
and effect. |
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This Agreement shall be governed by the laws of the United States
of America and State of Kansas, without regard to any conflict of law
principles. You and HSsports hereby consent to the exclusive jurisdiction of
the state and federal courts sitting in the State of Kansas to enforce the
provisions of this Agreement and to resolve any disputes and claims cognizable
in court relating in any way, or arising out of, this Agreement or the Service.
You may not assign your rights under this Agreement, and any attempted
assignment will be void. This Agreement and the rights and obligations under
this Agreement may be transferred or assigned by HSsports, in whole or in part,
and terms and provisions of this Agreement shall inure to the benefit of such
transferee or assignee. HSsports shall not be deemed to have waived any of its
rights under this Agreement absent an express written waiver signed by an
authorized representative of HSsports.
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