The Websites are owned and operated by Comcast Spectacor, L.P (“CSLP”) and subject to the following Terms. CSLP is also referred to herein as “we”, “us”, and “our”. The terms “you” and “your” when used in these Terms means any user of the Websites.
2. Features of the Websites
A. Participation. The Websites may offer opportunities for you to send messages, correspond with others and/or post content in connection with various features that CSLP may elect to offer, such as information libraries, e-mail service, bulletin boards, chatrooms, electronic postcards, chats with special guests, e-mails, and forums to communicate with others (“Message Features”). You must use the Message Features in a responsible manner. You must not transmit any message (“Message”) in connection with any Message Feature that: (i) restricts or inhibits any other user from using and enjoying the Website; (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; or (ix) contains material irrelevant to the subject matter of the Message Feature.
In order to participate in any Message Feature, we reserve the right to require registration by providing accurate and complete personal information consisting of your name and e-mail address. However, to the extent that we choose not to do so, this does not otherwise relieve you from complying with all of the obligations referenced in these Terms.
You also may be asked to select a screen name (“Screen Name”) for identification purposes. You must not use any Screen Name that violates any term referenced in these Terms.
You acknowledge that any information disclosed by you in any Message or Screen Name (e.g., your name or address) may be used by any third party, and CSLP assumes no liability for such disclosures.
B. License. By transmitting any Message or Screen Name, you are granting CSLP a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform and display such Message or Screen Name, in whole or in part, in any form, media or technology known or hereafter developed.
C. Message and Screen Name Review. CSLP has the right, but not the obligation, in its sole discretion, to review, edit or delete any Message or Screen Name transmitted in any Message Feature that: (i) violates any term of this Agreement; or (ii) is otherwise illegal, offensive or inappropriate. Display of any Message or Screen Name in any Message Feature does not constitute its approval or endorsement by CSLP.
You acknowledge that transmissions to and from the Websites are not confidential and your Messages may be read or intercepted by others. You acknowledge that by submitting Messages to the Websites, no confidential, fiduciary, contractually implied or other relationship is created between you and CSLP other than pursuant to this Agreement.
3. Changes to Website
The term “Content” means any and all postings, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, and available through the Websites. CSLP may change, suspend or discontinue any aspect of the Websites at any time, including the availability of any features, databases, or Content. CSLP also may impose limits on certain features and services or restrict your access to parts or each of the Websites without notice or liability.
These Terms were last updated on November 3, 2010.
The Websites may offer you opportunities to vote in connection with certain events. By casting a vote, you signify your agreement to all special voting terms set forth on the Websites as well as the terms of this Agreement. CSLP is not responsible for votes not received due to lost, failed, delayed or interrupted connections, including Internet/Webserver/network/phone-line connections or miscommunications, or other electronic malfunctions, computer or telephone hardware or software failures, malfunctions, or garbled or jumbled transmissions. CSLP reserves the right, in its sole discretion, to cancel or suspend voting should virus, bugs, unauthorized human intervention, technical difficulties or other causes beyond the control of CSLP, in CSLP’s sole opinion, corrupt the administration, security, fairness or proper administration or tallying of the voting.
5. Fees and Payments
Certain features on the Websites may require you to pay a fee as a condition to your access and/or membership (“Membership”). You agree to pay all charges to your account, including any applicable taxes, in accordance with the billing terms in effect at the time the fee or charge for Membership becomes payable. CSLP reserves the right to change the amount of, or basis for determining, any fees or charges for such features, and to institute new fees or charges for Membership upon prior notice to you. You must provide CSLP with valid credit card information and be an authorized user of such credit card.
The Websites may contain links and pointers to other related World Wide Web sites, resources, and sponsors of the Websites. Links to and from the Websites to other Web sites, maintained by third parties, do not constitute an endorsement by CSLP or any affiliate of any third party Web site or content. CSLP is not responsible for the availability of these third party resources, or their contents. You should direct any concerns regarding any external link to its Web site administrator or Webmaster. Third-party websites are subject to their own terms and conditions.
7. Rights Ownership
Unless otherwise indicated, the Websites and their design, text, Content, selection and arrangement of elements, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Websites are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of the United States, and all rights therein are the property of CSLP or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
Neither the Websites, nor any portions thereof, may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use the Websites and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of the Websites on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.
CSLP neither warrants nor represents that use of Content displayed on the Websites will not infringe rights of third parties not owned by or affiliated with CSLP.
Your use of and browsing of the Websites are at your risk. Neither CSLP nor any other party involved in creating, producing, or delivering the Websites are liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Websites. Without limiting the foregoing, everything on the Websites is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. CSLP also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Websites or your downloading of any materials, data, text, and/or images from the Websites.
You hereby release and hold harmless CSLP, its parent, affiliates, subsidiaries, agents and advisors and their respective employees, officers, directors, shareholders, agents and representatives from and against any and all losses, damages, rights, claims and actions of any kind arising in connection with your use of the Websites and/or in connection with CSLP’s use of the Content. In consideration for your agreement herein, CSLP will provide access to the Websites.
You agree to reimburse and indemnify CSLP and its licensees and sublicensees and assigns for any and all damages and expenses (including attorney’s fees and costs) that they may incur from claims based on use of the Content.
You hereby release and hold harmless CSLP, its parent, affiliates, subsidiaries, agents and advisors and their respective employees, officers, directors, shareholders, agents and representatives from and against any and all losses, damages, rights, claims and actions of any kind arising in connection with using and/or submitting Content.
CSLP may at any time revise these Terms by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms to which you are bound.
8. For Parents Concerning Privacy.
CSLP does not consider the Websites to be of interest to anyone under the age of 13. However, CSLP believes that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that may help provide a child-friendly online environment. These tools may also prevent children from disclosing online their name, address, and other personal information without parental permission. Personal information about or obtained from a child will not be used for commercial or trade purposes without the prior written consent of a parent or legal guardian of the child.
9. User-Submitted Content.
By submitting Content to be used on the Websites, you agree that CSLP may use your name, voice, or image and any quotes attributable to you, and any such photos, videos, or audio recordings of or by you as described herein. You grant the rights hereunder whether or not your name, voice, or image, or any quotes attributable to you are used in any manner by CSLP and CSLP reserves the right in CSLP’s sole discretion NOT to use any submitted content. You grant these rights to CSLP worldwide, irrevocably, royalty-free, with the perpetual right and license to copy, reproduce, modify, edit, make derivative works, distribute, publish (publicly or otherwise), display, link to, and otherwise use the Content in any media for any purpose including but not limited to publication on the Websites, advertising, and other commercial uses in connection with the Websites. You waive all rights related to CSLP’s use and release, discharge and hold harmless CSLP, its officers, directors, employees, agents, contractors, successors and assigns from any claims, causes of action, damages, costs or expenses of any sort arising out of or connected with the use of your name, voice, or image, or any quotes attributable to you. You further understand and agree that online visitors to the Websites may view the Content and may comment on the Content as they see fit such as in (but not limited to) contests or polls.
In addition and by submitting Content:
(a) you understand and agree that the Content may be cropped, edited, electronically manipulated or otherwise altered for use in the Websites, without further consent or approval, and that whether or how the Content is used o the Websites is entirely within CSLP’s sole discretion.
(b) you certify that you are the original author (or have a written assignment of all rights from the author) of the submitted Content; and you are the sole copyright owner of the Content; that you are the only person depicted in the Content; and you have complete authority to grant to CSLP the rights stated herein.
(c) you understand and agree that all Content is subject to review and editing by CSLP prior to any posting or use by CSLP. You further acknowledge that CSLP reserves the right to remove any Content from the Websites at any time and for any reason at CSLP’s sole discretion.
10. Content Posted on the Websites
All Content is the sole responsibility of the person from whom such Content originated. CSLP does not control, and is not responsible for user-submitted Content and that by using the Websites, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Websites may contain links to other websites, which are completely independent of CSLP. CSLP makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any linked site. Likewise, CSLP makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such Content posted on, transmitted through, and available through the Websites. Users of CSLP bear all risks associated with, the use and/or reliance upon any Content, and/or the representations made therein, and under no circumstances will CSLP be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Websites. You acknowledge that CSLP does not pre-screen or approve Content prior to posting. CSLP makes no representations and/or warranties to any of the claims made in any posting on reviews and comments, personal profile, listings, postings, descriptions, messages, group discussions, guides, and message boards or otherwise of any Content, by any user. And further, as to Content:
(a) You understand and agree that CSLP may review and delete any Content that in the sole judgment of CSLP violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.
(b) You are solely responsible for the Content that you publish or display.
(c) By posting Content to any public area of CSLP, you automatically grant, and you represent and warrant that you have the right to grant, to CSLP an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
(d) The following is a partial list of the kind of Content that is illegal or prohibited on the Websites. CSLP reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Websites and terminating the membership of such violators. It includes Content that:
(e) You must use the Websites in a manner consistent with any and all applicable laws and regulations.
- is patently offensive to the online community, such as Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
- post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure.
- Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.
(f) You may not engage in advertising to, or solicitation of, others to buy or sell any products or services through the Websites. You may not transmit any chain letters or junk email to others. Although CSLP cannot monitor the conduct of its users off the Websites, it is also a violation of these rules to use any information obtained from the Websites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user of the Websites without their prior explicit consent.
11. Copyright Policy.
All materials and information on the Websites, including, without limitation, the CSLP logo, design, text, graphics, software, other files, and the selection and arrangement thereof are protected by copyrights that are owned or licensed by CSLP, or otherwise used with permission by CSLP. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Content from the Websites or any other site owned or operated by CSLP without the prior written permission of CSLP. Any modification of the Content, or any portion thereof, or use of the Content for any other purpose constitutes an infringement of CSLP’s copyrights and other proprietary rights. Use of the Content on any other site or other networked computer environment is prohibited without prior written permission from CSLP.
(a) Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(b) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(c) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(d) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(e) Information reasonably sufficient to permit us to contact the complaining party;
(f) A notarized statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(g) A notarized statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send any such requests to CSLP as follows:
CSLP’s trademarks are protected by federal and state law in the United States and throughout the world, and may not be copied or imitated.
13. Hyperlink Disclaimer.
The Websites may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-CSLP website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website.
We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.
Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through the Websites, the content thereof, or the products and/or services made available through such websites. If you access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
14. Data Protection Consent.
We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.
15. No Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
The information and all other materials on the Websites are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on the Websites or any website with which it is linked.
16. Exclusion Of Liability
To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors, exclude AND DISCLAIM liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
These Terms give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations & exclusions set out in these Terms may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.
17. Your Obligations.
You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to the Websites. In consideration of your use of the Websites, you agree to use the Websites in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Websites any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the Websites is strictly prohibited. CSLP reserves all rights and remedies available to it.
You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms or your access or use of the Websites (including any information, materials, products or services available through the Websites).
18. Modification And Discontinuation.
We reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently the Websites (or any portion thereof) and/or the information, materials, products and/or services available through the Websites (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Websites.
19. Entire Understanding.
20. Severability And Non-Waiver.
Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these Terms on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.
21. Contacting Us
If you have any questions regarding these Terms, you may contact us directly through our website at the following address: firstname.lastname@example.org
You may also contact us by mail at:
Comcast Spectacor, L.P., 3601 South Broad Street, Philadelphia, PA 19148, Attn: Website Administrator.
22. Law & Jurisdiction
These Terms shall be subject to, governed by and construed under the laws of the Commonwealth of Pennsylvania in the United States of America, without regard to conflict of law principles. Your access to, or use of, the Websites or information, materials, products and/or services on the Websites may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing the Websites.
You hereby consent and waive all objection to the exclusive jurisdiction of the federal and state courts in the Commonwealth of Pennsylvania and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of the Websites. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.