From time to time, Network may modify these Purchase Policies, in Network’s sole discretion, without notice to you (to the extent permitted by law), by posting such changes on the Site. In addition, with respect to the Streaming Service, we may modify the terms and conditions specific to the Streaming Service (including, without limitation, the specific games and other content available through the Streaming Service) without notice to you (to the extent permitted by law), by posting such changes on the Site. You should regularly check these Purchase Policies to see if any changes have been made. The “Last Updated” date at the bottom of these Purchase Policies will indicate when the latest changes were made. By continuing to access and use the Streaming Service or otherwise making a purchase after the Purchase Policies have been modified, you are agreeing to any such modifications contained therein. If you do not agree to any modifications, you should not make a purchase and/or immediately cease using the Streaming Service and cancel your subscription, as your sole remedy, in accordance with the “Cancellation Policy” below.
THE STREAMING SERVICE IS AN EXCLUSIVE SERVICE NOT READILY AVAILABLE TO THE PUBLIC. SUBSCRIPTIONS TO THE STREAMING SERVICE ARE ONLY AVAILABLE TO THOSE USERS WHO ARE CURRENT SUBCRIBERS IN GOOD STANDING OF A CABLE, SATELLITE OR OTHER MULTI-CHANEL VIDEO PROGRAMMING DISTRIBUTOR THAT DISTRIBUTES THE APPLICABLE COMCAST SPORTSNET CHANNEL. THE STREAMING SERVICE IS NOT AVAILABLE TO ANY OTHER CATEGORY OF USERS. PLEASE NOTE THAT NETWORK RESERVES THE RIGHT TO CONFIRM YOUR ELIGIBILITY TO RECEIVE THE STREAMING SERVICE (AT THE TIME OF SUBSCRIPTION AND ANY TIME THEREAFTER), INCLUDING, WITHOUT LIMITATION, BY CONTACTING AND CONFIRMING SUCH ELIGIBILITY WITH THE TV SERVICE PROVIDER YOU DESIGNATED DURING SIGNUP/REGISTRATION. BY OBTAINING A SUBSCRIPTION, YOU SPECIFICALLY AUTHORIZE NETWORK TO CONDUCT SUCH INVESTIGATIONS.
IF AT ANY TIME YOU ARE INELIGIBLE TO RECEIVE THE STREAMING SERVICE, NETWORK RESERVES THE RIGHT TO IMMEDIATELY TERMINATE YOUR SUBSCRIPTION WITHOUT ANY NOTICE TO YOU. ACCORDINGLY, IF YOU ARE INELIGIBLE FOR THE STREAMING SERVICE, DO NOT ATTEMPT TO SUBSCRIBE. IF YOU LOSE YOUR ELIGIBILITY (BY CANCELLING YOUR CABLE OR SATELLITE SERVICE, FOR EXAMPLE), YOU MUST PROMPTLY CANCEL YOUR STREAMING SERVICE SUBSCRIPTION. NETWORK OFFERS NO REFUNDS EXCEPT WHERE REQUIRED BY LAW.
The Streaming Service is a subscription-based service that allows you to access and view certain sports games and other sports-related content online, directly on your personal computer (“Streamed Content”). To view games in HD format, you must first download and install the Streaming Service media player (“Media Player”), a third-party software application that resides on your personal computer. To learn more about the Media Player, please review the “Media Player” section below. Certain portions of the services, including, without limitation, customer service and billing, may be performed by Network’s third-party service provider. The specific games available through the Streaming Service are subject to change at any time, in Network’s sole discretion. You are solely responsible for the purchase and maintenance, at your sole cost and expense, of any additional hardware, software, Internet access, and/or related service access and devices required to access the Streaming Service.
Network Termination/Suspension Rights
License Grant and Intellectual Property Rights
Upon confirming your eligibility to become a subscriber to the Steaming Service, Network grants to you a limited, revocable, non-exclusive and non-transferable right and license to access the Streaming Service on one personal computer at any given time. The Streaming Service is for your personal and non-commercial use. You acknowledge that you may not sublicense, transfer, sell, or assign this license or the Streaming Service. Any attempts to sublicense, transfer, sell, or assign the license are void. All rights not expressly granted to you herein are reserved to Network and its licensors.
The Media Player is a web-based application made available by Network’s third party service provider, RayV, Inc., that enables you to view Streaming Content in HD format. Since Network does not make the Media Player available to you, you acknowledge and agree that Network will not have any liability in connection with the Media Player, including, without limitation, availability or functionality issues. In order to download and install the Media Player, you must first agree to the End User License Agreement for the Media Player.
Notwithstanding the fact that the Media Player does not enable downloading or copying of the Streaming Content, by agreeing to these Purchase Policies, you represent that you will not make copies or prints of any Streaming Content accessed via the Media Player under any circumstances, including, without limitation, via downloading and repurposing any screen shots or making use of any form of screen grab applications. The Streaming Service, Media Player, and any Streaming Content, are made available to you only for your personal, non-commercial use.
Network does not guarantee the availability of the Streaming Service or any other services. Network may discontinue or otherwise cease offering the Streaming Service or any other services at any time, in Network’s sole discretion.
MINIMUM AGE REQUIREMENTS
You must be eighteen (18) years of age or older to subscribe to the Streaming Service or otherwise make a purchase. In the event that you reside in a jurisdiction where the age of majority is older than be eighteen (18) years of age, then the minimum age in such jurisdictions shall be the age of majority. If you are not of majority in your jurisdiction of legal residence (and not at least be eighteen (18) years of age), and want to access the Streaming Service or otherwise make a purchase, please ask your parent or guardian to complete the purchase on your behalf.
ACCOUNTS, PASSWORDS AND SECURITY
In subscribing to the Streaming Service, you must complete the registration process by providing Network with accurate, current and complete information for your account, as prompted by the signup/registration form. You acknowledge that by providing any information to Network that is untrue, inaccurate, or incomplete, Network has the right to terminate your subscription to the Streaming Service.
As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your subscription account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT BY OR THROUGH YOUR ACCOUNT. You agree to notify Network immediately of any unauthorized use of your account or any other breach of security. Network will not be liable for any loss or damages of any kind that may arise as a result of someone else using your account, either with or without your knowledge. However, you may be held liable for any losses incurred by Network or another party due to someone else using your account.
Network has the right, but not the obligation, to deliver notice to you under these Purchase Policies by email, a general notice published on the Site or by postal mail to the street address provided by you at the time you become a subscriber. Network will never request any personally identifiable information from you via electronic (or postal) mail. If you receive an email (or postal mail) that purports to be from us that requests personally identifiable information from you, and specifically, your credit card number, please do not reply to that email or request. In the event that your credit card information has expired or does not accept our charge, we shall provide you notice via email, and request you to update your account with new credit card information. We shall only refer to your credit card information via its last four digits.
NETWORK IS ONLY A DISTRIBUTOR WITH RESPECT TO MERCHANDISE SOLD THROUGH THE SITE. MERCHANDISE SOLD BY NETWORK IS NOT MANUFACTURED BY NETWORK AND NETWORK MAKES NO WARRANTIES IN CONNECTION THEREWITH. MERCHANDISE MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER’S WARRANTY, SERVICE, AND SUPPORT POLICY, IF ANY. NETWORK ASSIGNS AND PASSES THROUGH TO THE USER MAKING A PURCHASE ANY WARRANTY OF THE MANUFACTURER, AND SUCH USER ACKNOWLEDGES THAT HE/SHE SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE MERCHANDISE. NETWORK MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO MERCHANDISE EXCEPT THOSE STATED IN THESE PURCHASE POLICIES. NETWORK DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MERCHANDISE PURCHASED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
You acknowledge that Network may terminate access to the Streaming Service as set forth in these Purchase Policies. In the event of termination those portions of these Purchase Policies that provide for continuing obligations on your part shall survive indefinitely.
You may not assign or transfer your rights or the license granted to you under these Purchase Policies without Network’s express, prior written consent. Any attempt to assign or transfer your rights or license shall be null and void.
Prices, including, without limitation, Fees, are subject to change at any time without notice to you. In addition, there may be pricing or other errors at the Site.
Your total Merchandise purchase price will include applicable shipping and handling charges.
All Merchandise orders will have the applicable sales tax added.
RISK OF LOSS
Merchandise is shipped to you pursuant to a shipping contract. With respect to Merchandise, title and risk of loss shall pass to you upon Network’s delivery of such Merchandise to a common carrier.
COMPLIANCE WITH LAWS
You agree to use the Streaming Service and Merchandise you may purchase at the Site in compliance with all applicable laws, rules, regulations and ordinances.
Last Updated: March 10, 2010
2010 Comcast Sports Management Services, LLC. All rights reserved.