Sportsintro.com - Terms of Use

FOX Sports Interactive Media Terms and Conditions of Use

OWNERSHIP

Welcome to the Fox Sports web site at http://www.Sportsintro.com ("Site") which is owned by Fox Sports Interactive Media, LLC ("FSIM"). This Site is operated by FSIM and materials on the Site are primarily owned by FSIM. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and FSIM.

FSIM has created this Site for your personal enjoyment, entertainment and education. However, you are only authorized to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use and Privacy Policy which constitute an Agreement between you and FSIM. Please read these Terms of Use carefully and save them. If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at user@Sportsintro.com.

FSIM reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.

If you become aware of misuse of this Site by any person, please contact the Site Administrator user@Sportsintro.com with your concerns.

ACCESS AND USE

All materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of FSIM or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting FSIM in writing at Fox Sports Interactive Media, LLC Business & Legal Affairs, 10000 Santa Monica Boulevard, Los Angeles, California 90067, or email at user@Sportsintro.com.

You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

BULLETIN BOARDS CHAT ROOMS

You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this Site) (collectively "Messages") to bulletin boards, chat rooms or other public areas within, or in connection with, this Site (collectively "Forums"). However, FSIM accepts no responsibility whatsoever in connection with or arising from such Messages.

FSIM does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by FSIM prior to posting and do not necessarily reflect the opinions or policies of FSIM. FSIM makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, FSIM reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.

FSIM assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time FSIM chooses, in its sole discretion, to monitor the Forums, FSIM nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that FSIM accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site by any other person.

You agree that any Message whatsoever submitted by you becomes the property of FSIM and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as FSIM sees fit.

You agree to release FSIM, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.

BLOGS

Rights in Submissions: By posting web blogs ("Blogs") to Sportsintro.com, you hereby grant to FSIM the non-exclusive, fully paid, worldwide license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such Blogs in any media now known or hereafter devised including, but not limited to Fox Sports.com. You authorize FSIM, and any entities affiliated or in privity with FSIM, to utilize on a non-exclusive basis, for eternity and in any manner FSIM sees fit, the Blogs posted on the site, and to make derivative works from such materials. You agree that the results and proceeds of such use shall become the property of FSIM and/or FSIM's licensees, and shall be freely assignable by FSIM, and that FSIM and its assignees and licensees shall have no obligations whatsoever to you. You release FSIM, and its assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. You agree and acknowledge that participation in the Blogs shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between FSIM and you.

Rights of FSIM / Disclaimer of Liability: FSIM is a distributor only (and not a publisher) of Blog content which is supplied by you. FSIM shall not be responsible for policing, monitoring, or editing such content, exercises no more editorial control over such content than would a public library, bookstore, newsstand, or other distributor of content, and accordingly, shall not be responsible for exercising editorial control over such content. Notwithstanding the foregoing, FSIM shall have the right, but not the obligation, to monitor such content in order to respond to or comment upon communications by you and in order to determine compliance with these Terms and Conditions of Use. FSIM shall have the right and sole discretion to edit, to refuse to post or to remove any content whatsoever which it finds to be in violation of the provisions hereof or which it finds in its sole discretion to be otherwise objectionable for any reason.

FSIM reserves the right to remove any Blog that contains nudity, profanity, obscene gestures or any depiction of real or simulated sexual acts, violence or any illegal acts or written descriptions thereof. You agree that FSIM shall have the right to remove any form of cursing contained in any of the Blogs with a FSIM swear filter application (the "Swear Filter") if and to the extent you do not otherwise opt-out of such Swear Filter.

The opinions expressed in the Blogs are not necessarily (and in some cases not at all) those of FSIM. FSIM is not responsible for any materials provided by users which are deemed harmful or offensive to others. FSIM is not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided in these sections of the site. FSIM is not responsible for the content or practices of third party Web sites that may be linked to the FSIM site. This site may also be linked to Web sites operated by companies affiliated with FSIM. Visitors to those sites should refer to each site's separate privacy policies and practices. Warranty: It is an express condition of Blog participation that you warrant and represent that all of your Blogs are created and are solely owned by you, and that no other party has any rights or interest in the Blogs. You further represent and warrant that the Blog and any use by FSIM, its parents, subsidiaries or affilliates in connection with programming, advertising, promotion and publicity, shall not infringe upon any statutory or common law copyright and shall not constitute a defamation, or invasion of the right of privacy or publicity, or infringement of any other right of any kind of any third party. FSIM makes no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Blogs. All statements, advice and opinions made by you are those of you only, and FSIM neither endorses nor shall be held responsible for the reliability or accuracy of same.

General Terms and Conditions: By participating, you agree that FSIM and their respective agents and representatives, parents, affiliates, subsidiaries and legal advisors are not responsible or liable for, and shall be released and held harmless from: (i) lost, misdirected or otherwise undeliverable mail; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of FSIM that may cause the Blogs to be disrupted or corrupted; (iv) any printing or typographical errors in any materials associated with the Blogs; (v) any and all losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in Blogging; (vi) acceptance, possession, or use of any grant, including without limitation, personal injury, death and property damage arising therefrom; and (vii) claims based on publicity rights, defamation or invasion of privacy. FSIM reserves the right, in its sole discretion, to suspend or cancel the Blogs at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Blogs. All issues and questions concerning the construction, validity, interpretation and enforceability or the rights and obligations of you and FSIM in connection with the Blogs, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.

You agree that you will not submit Messages or Blogs that:

are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that 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;
violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages or Blogs, you represent to FSIM that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
improperly assume or claim the identity, characteristics or qualifications of another person;
are for purposes of spamming;
contain any virus or other harmful component;
are libelous, or an invasion of privacy or publicity rights or any other third party rights;
are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations

You must use the Site in a manner consistent with any and all applicable laws and regulations. Although FSIM cannot monitor the conduct of its users off the Site, it is also a violation of these rules to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such advertising or solicitation, FSIM reserves the right to restrict the number of Messages which a user may send to other users in any 24-hour period to a number which FSIM deems appropriate in its sole discretion. You may not cover or obscure the banner advertisements on Forums, or any FSIM page via HTML/CSS or any other means.

UNSOLICITED SUBMISSIONS

FSIM does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. FSIM's policy is to simply delete any such submission without reading it or forwarding it to other FSIM staff. Therefore, any similarity between an unsolicited submission and any elements in any FSIM creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.

If unsolicited submissions are sent to FSIM via this Site, however, these submissions become the property of FSIM and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as FSIM sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against FSIM, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

EMPLOYMENT OPPORTUNITIES

FSIM may, from time to time, post FSIM employment opportunities on the Site and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to FSIM in response to employment listings, you are authorizing FSIM to utilize this information for all lawful and legitimate hiring and employment purposes. FSIM also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in these Terms of Use or contained in the Site shall constitute a promise by FSIM to interview, hire or employ any individual who submits information to it, nor shall anything in these Terms of Use or contained in the Site constitute a promise that FSIM will review any or all of the information submitted to it by users.

LINKED SITES AND ADVERTISING

If you are interested in creating hypertext links to this Site, you must contact FSIM TV, Inc. Business & Legal Affairs at 10000 Santa Monica Boulevard., Los Angeles, California 90067 before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or FSIM, including its respective employees, agents, directors, officers and shareholders.

If FSIM has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that FSIM is connected with, operates or controls these web sites.

FSIM is not responsible for the content or practices of third party web sites that may be linked to this Site. This Site may also be linked to other web sites operated by companies affiliated or connected with FSIM. When visiting other web sites, however, you should refer to each such web site's individual "Terms of Use" and not rely on this Agreement.

FSIM takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.

DISCLAIMER OF LIABILITY AND WARRANTIES

While FSIM does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.

The Site, and all materials in this Site, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that FSIM DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.

You acknowledge that FSIM, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

You acknowledge that FSIM is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.

You acknowledge that FSIM is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.

INDEMNITY

You agree to defend, indemnify and hold harmless FSIM, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

TERMINATION

FSIM reserves the right to immediately terminate your use of, or access to, this Site at any time if FSIM decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that FSIM considers to be inappropriate or unacceptable.

COPYRIGHT INFRINGEMENT

If you believe that any material contained in this Site infringes your copyright, you should notify FSIM of your copyright infringement claim in accordance with the following procedure.

FSIM will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is:

Mr. Jason Zedeck
Fox Broadcasting Company
Telephone: (310) 369-5040
Fax: (310) 969-3279
Email: dmca@fox.com

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. ?12(c)(3)):

Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted 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;
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 the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A 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;
A 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.

E-mails sent to DMCA@FoxCable.com for purposes other than communication about copyright claims may not be acknowledged or responded to.

OTHER

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

This Agreement is governed by, and construed in accordance with, the laws of the State of California without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of California or, if appropriate, the United States District Court for the Central District of California for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

SWEEPSTAKES AND/OR CONTESTS

Sweepstakes, contests, games and other promotions run on FSIM's web sites may require the visitor to provide some personally identifiable information such as full name, address, e-mail address, and phone number, in order to participate. FSIM may use a reputable third party to manage and administer some or all of its sweepstakes and/or contests. This third party may have access to some or all of the personally identifiable information that is provided by the visitor in order to participate in the sweepstakes and/or contest. In those instances, the third party will be instructed by FSIM to use the personally identifiable information only for the specific sweepstakes and/or contest related purpose for which it was requested, and in compliance with the Fox Sports Interactive Media, LLC Privacy Policy. Most often this information is used only to select and contact winners of the sweepstakes and/or contests. Any other use of the personally identifiable information by the third party is strictly prohibited. Our sweepstakes and/or contests are targeted to individuals 18 years of age and older, and individuals under 18 years of age are not eligible to participate. FSIM requires proof of age in order for an individual to collect any prizes awarded. Individuals may only be a prize winner once in any ninety (90) day period.

MISCELLANEOUS

If any of these terms of use are held to be invalid, illegal or unenforceable, the remaining portions of the terms of use shall continue to be valid and will be performed, construed, and enforced to the fullest extent permitted by law, and the invalid, illegal or unenforceable term will be amended and limited to the extent necessary to permit the maximum enforceability and/or validation of such term or provision under applicable law.

COPYRIGHTS (C) / TRADEMARKS (tm)

(C) 2004 Fox Sports Interactive Media, LLC. All trademarks are owned by 20th Century Fox and its related entities or are used under license. All rights reserved. All materials contained in FSIM's web sites are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained herein are expressly prohibited.