Effective Date: April 20, 2023
Please carefully read these Terms before using our Services. By using or accessing our Services, you agree that you have read and agree to be bound by these Terms. If you do not agree to these Terms, or do not meet the qualifications included in these Terms, YES is not willing to provide you with access or use of the Services, and you must not access or use the Services.
YES reserves the right to amend or modify these Terms and to impose new or additional terms or conditions on your use of the Services, at any time, whether by making those modifications available through the Services or by providing notice to you. Any such changes or additions shall be effective immediately following posting through the Services or delivery of such notice. You may cease using the Services or terminate these Terms at any time if you do not agree to any modification. However, your continued use of the Services following the posting of changes to these Terms will be deemed acceptance of any modifications.
1. OWNERSHIP AND USE RESTRICTIONS.
The Services are owned and operated by YES and its service providers acting on its behalf. YES, its service providers, and their respective operators, members, teams, affiliates, employees, directors, and officers shall be collectively referred to herein as the “Operators.”
The Services are intended for use by Users 13 years of age and older. If you are under 18, you may use these Services only with permission and supervision of a parent or guardian.
The content and materials contained within the Services (including, without limitation, video, audio, photos, text, images, graphics, data, statistics, updated scores and results, logos, and all copyrights and intellectual property related to the Services, YES, and the YES sponsors, licensees, and other affiliates) (the “Content”) are copyrighted or trademarked by YES. Please feel free to browse the Services. You may download one copy of any Content of material displayed on the Services to any single computer for your personal, noncommercial use only, provided that you also retain all copyright and other proprietary notices contained on the materials. However, modification or use of the Materials in any other manner is a violation of the Operators’ copyright and other intellectual property rights. The Content may also not be reproduced, republished, uploaded, posted, transmitted, distributed, copied, publicly performed, publicly displayed, or otherwise used in any manner, except as expressly provided in these Terms, without the express written permission of YES. The Operators maintain the Services for your personal entertainment, information, education, and communication.
The word marks and logos of YES, www.YESNETWORK.com, and www.WATCHYESNETWORK.com are the exclusive registered service marks of YES (the “YES Trademarks”). All other word marks and logos (“Trademarks”) appearing in the Services are Trademarks of their respective owners.
Nothing contained in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any YES Trademarks or Trademark displayed in the Services in any manner without the express written permission of its respective owner. Any use of the YES Trademarks and/or Trademarks displayed in the Services, or any other Content, except as provided in these Terms, is strictly prohibited.
The Services, and the databases, software, hardware, and other technology used by or on our behalf to operate the Services, and the structure, organization, and underlying data, information, and software code thereof (collectively, the “Technology”), may constitute confidential trade secrets of YES. You shall have no rights to the Technology.
2. THIRD-PARTY CONTENT
The Services may contain links to third-party websites and services. YES provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that YES has not reviewed the content, advertising, products, services, or other materials that appear on such third-party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content. YES shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party websites or services.
3. PROHIBITED CONDUCT
You agree not to:
A. Use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
B. Violate or encourage others to violate the rights of third parties, including intellectual property rights;
C. Interfere in any way with security-related features of the Services;
D. Access, monitor, or copy any Content or information from the Services using any data mining, robots, scraping, similar data gathering or extraction methods, or collect, manually or through automatic processes, information about other Users for any purpose without YES’s express written permission and the express permission of the Users;
E. Access or attempt to access the Technology, except as expressly provided in these Terms;
F. Copy, modify, decompose, decompile, reverse engineer, disassemble, deconstruct, or create derivative works from the Technology;
G. Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other Users without permission, or falsifying your identity or any information about you, including age or date of birth; or
H. Sell or otherwise transfer the access granted herein.
4. ACCOUNT REGISTRATION
5. MESSAGE FEATURES AND SUBMISSIONS
A. The Services may offer opportunities for you to make submissions through the Services (i.e., user-generated content), including through messages, comments, or forums to communicate with other Users about various sports featured on the Services (each, a “Submission” collectively “Submissions”). These Submissions may include creative ideas, concepts, know-how, techniques, suggestions, content, or materials (including, without limitation, video, audio, photos, text, data, images, and graphics).
B. You are solely responsible for all Submissions that you provide through the Services. You represent and warrant to us that neither your Submissions, nor the use of your Submissions by us as permitted herein, will: (i) violate these Terms or any local, state, national, or international law; (ii) be defamatory, libelous, slanderous, obscene, abusive, pornographic, harmful, profane, dangerous, or inaccurate; (iii) infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy, or any other proprietary right; (iv) be otherwise illegal, offensive, or inappropriate, including by advocating or encouraging conduct that would constitute or give rise to a criminal offense, civil liability, or other violation of any local, state, national, or international law; (v) contain confidential information that may not be read or intercepted by others; (vi) contain advertising, promotions, or commercial solicitations of any kind; (vii) constitute or contain false or misleading indications of origin or statements of fact; (viii) be considered junk mail, “spam,” a part of a pyramid scheme, a disruptive commercial message, or disruptive advertisement; (ix) contain any virus, Trojan horse, worm, time bomb, cancelbot, robot, spider, or other similar harmful or deleterious programming routine; (x) attempt to disable, bypass, modify, defeat, or otherwise circumvent any security tools used by the Services; or (xi) assist any third party in engaging in any activity set out in this list above or otherwise prohibited by these Terms. You acknowledge and agree that you relinquish all ownership rights in any Submissions that you make through our Services and that YES reserves the right (but has no obligation) to monitor, remove, or modify any of your Submissions and that we may publish, transmit, display, or disclose your Submissions to any third party.
C. In addition to any other rights granted to us under these Terms, by transmitting any Submission through our Services, you are granting the Operators a perpetual, royalty-free, non-exclusive, sub-licensable, fully paid-up, unrestricted, and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform, and display each such Submission, in whole or in part, in any form, media, or technology known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes. This means that anything submitted by you to the Services will be used exclusively by YES and may be used by the Operators for any purpose, now or in the future, without any payment or other obligation to you. All Submissions, whether solicited or unsolicited, shall become and remain the exclusive property of YES. The Operators shall also have the right, but not the obligation, to use your name in connection with your Submission without seeking or receiving your further consent.
D. You represent and warrant that your Submissions are accurate and that you own or otherwise control all rights necessary for you to grant the licenses in this Section, including but not limited to permission from or on behalf of any individuals that appear in your Submissions for us to use their name, image, voice, and/or likeness without compensation to you or any other person or entity. You agree that you are solely responsible for your Submissions and for any consequences of submitting them to our Services.
The Operators may, at their sole discretion, change, suspend, or discontinue any aspect of the Services at any time with or without notice, including the availability of any of the Services’ features, databases, or content. If you violate these Terms, your permission to use the Services will automatically terminate. In addition, the Operators may, at their sole discretion, decline service, suspend, or terminate your Account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you. You may terminate your Account at any time by contacting YES at [email protected]. After your Account is terminated, information and content previously provided by you will no longer be accessible through your Account, but YES may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Services.
7. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY
Although the Operator seeks to maintain safe, secure, accurate, and well-functioning Services, we cannot guarantee the continuous operation of or access to our Services, and there may at times be inadvertent technical or factual errors or inaccuracies. The Operators make no representation that the materials contained in the Services are appropriate or authorized for use in all countries, states, provinces, counties, or any other jurisdictions. If you choose to access the Services, you do so on your own initiative and risk and are responsible for compliance with all applicable laws and regulations. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ON BEHALF OF THE OPERATORS, TO THE FULLEST EXTENT PERMITTED BY LAW, THE OPERATORS MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATORS DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SERVICES IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE, OR TIMELY, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SERVICES OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SERVICES AT YOUR SOLE RISK.
9. CHOICE OF LAW
These Terms shall be construed and controlled by the laws of the State of New York, United States of America, without regard to conflict of law principles. Subject to Section 10, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and YES agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within the County of New York, State of New York, for the purpose of litigating all such disputes, and you hereby consent to the jurisdiction of such court solely for such purposes and you further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient. The Operators will be entitled to recover their court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of these Terms.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH YES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
A. In the interest of resolving disputes between you and YES in the most expedient and cost-effective manner, you and YES agree to resolve any and all disputes, claims, or controversies arising out of or relating to the Terms, the breach thereof, or any use of the Services (“Claims”), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, through binding arbitration instead of in courts of general jurisdiction. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq.
B. The arbitrator shall have authority to award the same damages and relief that a judge in a court of law would have, provided that the arbitrator shall not have authority to award punitive damages unless authorized to do so by statute. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s Claim(s). Any relief awarded cannot affect other Users.
C. YOU AND YES AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
D. This Section shall apply, without limitation, to all Claims that arose or were asserted before the Effective Date of these Terms and shall survive termination of your relationship with YES. To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide YES with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.
11. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2), YES has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Services (the “Designated Agent”). All such notifications relating to the Services must be submitted in a manner consistent with the DMCA to the following Designated Agent:
Yankees Entertainment and Sports Network, LLC
200 Park Avenue, 12th Floor, Suite B
New York, NY 10166
To be effective, the notification must be a written communication that includes the following: (i) a signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works; (iii) 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 which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address; (v) 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; and (vi) 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.
12. ONLINE PURCHASES
A. Subscriptions. The Services may allow you to purchase access to Content on a subscription basis (a “Subscription”). The Subscription period will last for either a calendar month or a year starting on the date of subscription (“Subscription Period”). Subscriptions automatically renew monthly or annually until cancelled. All purchases and payments will be subject to sales tax. YES will notify you if the price of any of your Subscriptions increases and, if required, your consent will be requested to charge you the increased price of your Subscriptions. You will be charged no more than 24 hours prior to the start of the latest Subscription Period. If we cannot charge your payment method for any reason (such as expiration of payment method or insufficient funds), and you have not cancelled the Subscription, you remain responsible for any uncollected amounts. This may result in a change to the start of your next Subscription Period and may change the date on which you are billed for each period, as displayed on your receipt. YES reserves the right to cancel your Subscription if we are unable to successfully charge your payment method to renew your subscription.
When your Subscription to any Services or Content ends, you will lose access to any functionality or Content of that Service that requires a Subscription.
B. Subscription Payment. You may purchase Subscriptions at www.WATCHYESNETWORK.com or with payment methods provided by the applicable app stores, which may include Android, Apple, Amazon, Roku, and Samsung. You agree to abide by any relevant terms of service and any other legal agreement that govern your payment through app stores. When you purchase a Subscription, you agree that YES will charge the payment method you provide on the first day of each Subscription period. If, for any reason, a payment cannot be processed using your provided payment method, we may terminate your subscription. You must pay all amounts accrued in your Account, including sales tax, when due. Neither the Vendors nor the Operators are responsible for, and may not be held liable for, any breaches in transaction security by any third party. YES reserves the right to modify these payment terms, including subscription fees, at its sole discretion, as permitted by applicable law.
C. Subscription Cancellation. You may cancel your Subscription any time before the end of the current Subscription Period and the cancellation will take effect on the first day of the next Subscription Period. You will retain your access to the benefits from the time you cancel until the start of the next Subscription Period. You will not receive a refund or credit for any remaining days in your current Subscription Period. To manage your Subscriptions, please visit www.WATCHYESNETWORK.com or the relevant app store.
D. Refund Policy for Subscriptions. We do not accept refund requests for Subscriptions, regardless of your option of subscription, as the benefits are provided immediately after subscription.
YES may occasionally offer promotions to encourage Users to purchase Subscriptions and Merchandise (“Promotions”). The specific terms of each Promotion shall be provided at the time the Promotion is offered. Each Promotion may be different and Promotions cannot be combined. YES reserves the right to limit availability of and eligibility for Promotions and to terminate Promotions at any time, at our sole discretion. You may be required to provide Transaction Information when you sign up for a Promotion. For Promotions involving Subscriptions, at the end of the promotional period, you will automatically be signed up for the related Subscription that will begin at the end of the Promotion, or in the event of a discounted Promotion, you will be charged the regular rate disclosed when you signed up. We may not notify you in advance that the Promotion is about to end. To cancel, you must notify us before the Promotion ends.
15. MODIFICATIONS TO OFFERINGS
YES reserves the right to make changes to the Merchandise and Subscriptions offered at any time. If any or all of our Merchandise or Subscriptions are temporarily unavailable, you will not receive a refund. If we temporarily reduce or eliminate the charge for Merchandise or Subscriptions that you are currently paying for under different terms, you may not receive a refund. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
The Services may offer you opportunities to vote in connection with certain events. By casting a vote, you signify your agreement to all special terms and voting guidelines set forth by the Services applicable to that event as well as in these Terms.
These Terms constitute the entire agreement between you and the Operators and supersedes all prior and contemporaneous written or oral agreements, proposals, or communications with respect to the subject matter herein between you and the Operators. The Operators in their sole discretion may amend these Terms, and your use of the Services after such amendment is posted will constitute acceptance of it by you. The section headings in these Terms are for convenience only and may not be given any legal import. If any provision of these Terms is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
We may assign these Terms in whole or in part at any time without your consent. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Account, in any way (by operation of law or otherwise), without YES’s prior written consent. In the event that YES is acquired by or merges with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws, or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Our failure or delay to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. Except as specified in these Terms, YES support staff or other YES employees do not have the authority to amend any of these Terms or to bind YES to any legal or other obligation not already set forth in these Terms.
18. FORCE MAJEURE
YES will not be liable for failing to perform under these Terms by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an internet outage or interruption of service, a communications outage, failure by a service provider to YES to perform, fire, terrorism, natural disaster, epidemic, pandemic, or war.
19. ACCEPTANCE OF TERMS
20. CONTACT INFORMATION. If you have questions or comments about these Terms, please contact [email protected].