1. OWNERSHIP AND USE RESTRICTIONS.The Site is 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 content and materials contained within the Site (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 Site, YES, and the YES sponsors, licensees and other affiliates) (the "Content") are either owned by, or licensed to, YES. The Content from the Site may not be reproduced, republished, uploaded, posted, transmitted, reproduced, distributed, copied, publicly performed, publicly displayed or otherwise used in any manner, except as expressly provided in these Terms of Service, without the express written permission of YES. The Operators maintain the Site for your personal entertainment, information, education, and communication.
Please feel free to browse the Site. You may download one copy of each piece of material displayed on the Site 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. You may not, however, distribute, reproduce, republish, perform, display, prepare derivative works based upon, modify, transmit, reuse, repost, or use any materials of or from the Site for public or commercial purposes on any other website or otherwise without the express written permission of YES. Modification of any materials displayed on the Site in any manner is a violation of the Operators' copyright and other proprietary rights.
The word marks and logos of YES, and YESNETWORK.com are the exclusive property of YES (the "YES Trademarks"). All other word marks and logos (each, a "Trademark" and, collectively, the "Trademarks") appearing on the Site are Trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any YES Trademarks or Trademark displayed on the Site in any manner without the express written permission of its respective owner. Any use of the YES Trademarks and/or Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Service, is strictly prohibited.
Images of people or places displayed on the Site are either the property of, or used with permission by, the Operators. Any use of these images by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms of Service or by express permission that is granted elsewhere on the Site. Any unauthorized use of the images or Content is a breach of the Terms of Service and may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The Operators neither warrant nor represent that your use of materials displayed on the Site will not infringe upon the rights of third parties neither owned by nor affiliated with the Operators. All rights not expressly granted herein are reserved to YES
You may not decompose, modify, decompile, translate, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site. You may not use any data mining, robots, scraping, similar data gathering or extraction methods, or collect, manually or through an automatic process, information about other users (including, but not limited to, e-mail addresses, medical information, or any form of other contact information, or any other information) without their express consent.
You may receive a password upon completing the registration process. You are solely responsible for maintaining the confidentiality of the password, and are solely responsible for all activities that occur under your password. For security purposes, YES recommends that you change your password often, that you do not reuse passwords, and that you use unique passwords for this Site. We are not obligated to inquire as to the authority or propriety of any use of or action taken under your password. We will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions. The Operators are not responsible for any loss or damage arising as a result of your failure to comply with this Section 2.
3. MESSAGE FEATURES AND SUBMISSIONS.
B. By transmitting any message in connection with the Message Features and/or submitting creative ideas, concepts, know-how, techniques, suggestions, content or materials (including, without limitation, video, audio, photos, text, data, images and graphics) (each, a "Submission" and, collectively, "Submissions"), you are granting YES a perpetual, royalty-free, non-exclusive, unrestricted, worldwide 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 (collectively, "Rights"). This means that anything submitted by you on or to the Site 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, excluding any message in connection with the Message Features, whether solicited or unsolicited, shall become and remain the exclusive property of YES. The Operators shall also have the absolute right, but not the obligation, to use your name, likeness and/or biographical information in connection with the broadcast, print, online or other use or publication of your Submission without seeking or receiving your further consent.
By entering the Site, you expressly agree to not make any Submission in connection with the Site and/or any Message Feature, or use the Site in any manner, that: (i) imposes an unreasonable or disproportionately large load on the Site's infrastructure, or otherwise restricts or inhibits any other user from using and enjoying the Site; (ii) is unlawful, discriminatory, threatening, abusive, harassing, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, harmful to minors, pornographic, profane, sexually explicit or indecent; (iii) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of 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 any virus, Trojan horse, worm, time bomb, cancelbot, robot, spider or other similar harmful or deleterious programming routine; (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; (ix) removes any proprietary notices or labels; (x) creates a false identity for the purpose of misleading others; (xi) attempts to disable, bypass, modify, defeat or otherwise circumvent any security tools used on the Site; (xii) contains material irrelevant to the subject matter of the Message Feature; (xiii) attempts to gain unauthorized access to another network or server; (xiv) will run Maillist, Listserv, any form of auto-responder or "spam" on the Site and/or Content, or any processes that run or are activated while you are not logged into the Site, or that otherwise interfere with the proper working of the Site and/or Content (including by placing an unreasonable load on the Site's infrastructure); (xv) assists any third party in engaging in any activity set out in this list above or otherwise prohibited by these Terms of Service; and/or (xvi) enters into any agreement or perform any act which might contravene the purposes and/or effects of these Terms of Service.
C. You represent and warrant that you own or otherwise control all necessary rights in Submissions that you submit, that such Submissions are accurate, that use of the Submissions you submit will not violate or infringe the rights of any third party or violate these Terms of Service (including without limitation this Section 3), that the Submissions you submit will not cause injury to any person or entity; and that you will comply with all applicable laws, rules, and regulations in your use of the Content and the Site, including these Terms of Service.
E. The Operators do not generally pre-screen or approve Submissions posted by users of the Site, and, therefore, do not guarantee the accuracy, quality or integrity of such Submissions. The Operators, in their sole discretion, shall have the right, but not the obligation, to monitor, review, edit, modify, refuse to post, or remove any Submission that is available on the Site for any or no reason, including that any Submission that violates these Terms of Service or is otherwise objectionable. The Operators take no responsibility and assume no liability for any Submission uploaded, transmitted, viewed, accessed or used by you or any third party, or for any mistakes, defamation, libel, slander, falsehoods, omissions, obscenity, pornography or profanity that you may encounter. The Operators are under no obligation to post or use any Submission you may submit. No compensation or other sums will be payable to you or to any other person or entity with respect to any Submission you submit or any posting or use thereof. Any opinions, advice, or recommendations expressed in any Submissions are those of the users providing the same and not those of the Operators.
F. Submissions submitted to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, are, and will be treated as, non-confidential and nonproprietary. By submitting a Submission to the Site, you acknowledge that any information disclosed by you therein, and any content or material contained therein, (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and the Operators other than as expressly set forth in these Terms of Service; and (iv) is subject to the grant of Rights to the Operators described in Section 3.B above.
4. SOLICITED AND UNSOLICITED SUBMISSIONS.
A. Solicited Submissions: At times, the Operators may solicit Submissions from visitors to the Site, including, without limitation, information, ideas, artwork or other materials. It is our practice to post notices on the Site regarding our planned use of such materials where we solicit the Submission. Your submission of a Submission, or your provision of information, in response to such a solicitation is a grant by you to the Operators of the Rights described above. We do not endorse the opinions of, or warrant the accuracy of facts or other content contributed by, any third party. You agree that we are not liable for any action you take or decision you make in reliance on any Content.
B. Unsolicited Submissions: Although we welcome your comments regarding, and your ideas and proposals for, the Site and YES, it is YES's policy not to accept or consider any Submissions that are unsolicited. We hope you will understand that the intent of this policy is to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by the Operators might appear to be similar to your Submission(s). Accordingly, we must ask that you do not send us any unsolicited Submissions via the Site or otherwise; we assume no responsibility for reviewing such Submissions and we will not incur any liability as a result of any similarities between your Submissions and future YES designs, products, programs or otherwise. In the event you do submit unsolicited Submissions, such Submissions shall be deemed, and shall remain, the property of YES. As is the case with solicited Submissions, the submission of any unsolicited Submission shall constitute a grant by you to the Operators of the Rights described above.
6. VOTES. The Site 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 on the Site applicable to that event as well as in these Terms of Service.
7. LINKS. The following restrictions ("Linkage Restrictions") apply to all links to the Site from any online, cable, wireless or other website, service or browser:
A. Online, cable, wireless or other websites, services, or browsers created by, licensed by, or substantially associated with any entity that regularly promotes any product (e.g., apparel or computers), brand (e.g., Nike or Pepsi), or service (e.g., Internet service providers or ticket sellers) (each, a "Commercial Site" and, collectively, "Commercial Sites") may not link to the Site without the written permission of YES, even if the page/area where the link originates does not promote a product, brand, or service.
B. Websites, services, or browsers other than Commercial Sites (e.g., fan sites, chamber of commerce sites, search engine sites, widely available Internet browsers) (each, a "Permissible Site" and, collectively, "Permissible Sites") may link to the Site without the express written permission of YES if such link is: (i) a "word" (as opposed to a "logo") link (e.g., "YESNETWORK.com," "The Official Site of YES"); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link.
C. The YES Network logo, or any other logo of YES, may not be used as or to link to the Site without the express written permission of YES.
D. No link to the Site may be "framed" by the Permissible Site where the link originated if such "frame" contains any sponsorship, advertising, or other commercial text or graphics.
E. All links to the Site from a Permissible Site must be to the Site's home page -- links to internal pages within the Site (e.g., a player page, a photo gallery or a feature article) are not permitted.
F. The posting or creation of any link to the Site signifies that you have read these Linkage Restrictions and agree to abide by their terms.
8. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY. While the Operators use reasonable efforts to include accurate and up to date information in the Site, the Operators make no warranties or representations as to its accuracy. The Operators assume no liability or responsibility for any errors or omissions in the content of the Site. The Operators make no representation that the materials contained in the Site are appropriate or authorized for use in all countries, states, provinces, counties, or any other jurisdictions. If you choose to access the Site, you do so on your own initiative and risk and are responsible for compliance with all applicable laws and regulations. THE MATERIALS IN THIS SITE 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 THIS AGREEMENT. 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 SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE 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 SITE OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES WILL THE OPERATORS BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, FUNCTIONALITY, RELIABILITY, SEQUENCING, COMPATIBILITY OF THE SITE WITH THE HARDWARE OR SOFTWARE YOU USE, SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL THE OPERATORS AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY.
The Site may contain links and pointers to other World Wide Web sites, resources, and advertisers. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by the Operators or any affiliate of any third-party site or content. The Operators are not responsible for the availability of these third-party resources, or their contents. The Operators have not reviewed any or all of the sites linked to the Site and are not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to the Site, off-site pages or other sites is at your own risk and without the permission of the Operators. By clicking on any such link, you acknowledge that the Site has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against the Operators with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or Webmaster. You understand and agree that we have no control over third-party networks you may access in the course of your use of the Site and Content, and therefore, delays and disruption of other network transmissions are completely beyond our control.
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that the Operators shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Site or in connection with the Site. All of your business dealings with vendors and advertisers appearing on or through the Site shall be at your sole risk
9. NOTICE. The Operators may give notice to users of the Site by means of a general notice on the Site, electronic mail to a user's e-mail address if on record, or by written communication sent by first class mail to a user's address if on record. You may give notice to the Operators (such notice shall be deemed given when received) by any of the following means:
Electronic mail: Click here
Letter delivered by first class postage prepaid mail or courier to YES at the following address:
Yankees Entertainment and Sports Network, LLC.
200 Park Avenue
12th Floor, Suite B
New York, NY 10166
10. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), YES has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Site (the "Designated Agent"). All such notifications relating to the Site must be submitted in a manner consistent with the DMCA to the following Designated Agent:
Yankees Entertainment and Sports Network, L.L.C.
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: (1) a signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) 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; (3) 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; (4) 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; (5) 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 (6) 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. TERMINATION OF SERVICE. The Operators may, in their sole discretion, change, suspend or discontinue any aspect of the Site at any time with or without notice, including the availability of any Site feature, database, or content. The Operators may also cancel your registration password, or impose limits on certain features and services or restrict your access to parts of the Site, or the entire Site, with or without notice, and without liability, at any time, in the Operators' exclusive discretion, without prejudice to any legal or equitable remedies available to the Operators, for any reason or purpose, including, but not limited to, conduct that the Operators believe violates these Terms of Service or other policies or guidelines posted on the Site or conduct which the Operators believe is harmful to other users, to the Operators' respective businesses, or to other information providers. Upon any termination of this agreement, you must immediately discontinue your use of the Site and destroy all materials obtained from it.
13. SOFTWARE. Software and other materials from the Site may also be subject to United States Export Control laws. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The Operators do not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Laws.
14. CHOICE OF LAW. These Terms of Service shall be construed and controlled by the laws of the State of New York, United States of America. Further, any disputes relating to these Terms of Service or anything contained on the Site will be governed by the laws of the State of New York, United States of America, without regard to its principles of conflicts of laws. Any claim relating to these Terms of Service or the Site shall be exclusively prosecuted in a federal or state court of competent jurisdiction located within the County of New York, State of New York, United States of America, 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 of Service.
15. ARBITRATION. PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH YES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 15 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE "ARBITRATION AGREEMENT."
A. Any and all disputes, claims or controversies arising out of or relating to this Arbitration Agreement, the breach thereof, or any use of the Site ("Claims"), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration in accordance with American Arbitration Association ("AAA") governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and YES waive all rights to a trial by jury in any action or proceeding involving any Claim. 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 ("FAA") at 9 U.S.C. Section 1, et seq. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. The parties agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself. This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement and shall survive termination of your relationship with YES
B. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. All disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitration will decide the rights and liabilities, if any, of you and YES. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. Subject to the limitations set forth below in this Section, the arbitrator shall have authority to award legal and equitable relief on an individual basis 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; and
- Any and all claims shall be arbitrated on an individual basis only and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and YES agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis
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. The arbitrator's decision is final and binding on you and YES.
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. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor YES is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 14. This provision does not prevent you or YES from participating in a class-wide settlement of claims.
D. 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, which should be provided in the manner outlined under Section 9.
E. Notwithstanding any provision in the Agreement to the contrary, we agree that if YES makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to YES.
16. MISCELLANEOUS. These Terms of Service constitute the entire agreement between the parties, 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 of Service, and your use of the Site after such amendment is posted on the Site will constitute acceptance of it by you. The section headings in these Terms of Service are for convenience only and must not be given any legal import. If any provision of these Terms of Service 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 of Service in whole or in part at any time without your consent. You may not assign, delegate, or transfer these Terms of Service 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 circumstaWnces, 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 of Service, YES support staff or other YES employees do not have the authority to amend any of these Terms of Service or to bind YES to any legal or other obligation not already set forth in these Terms of Service.
17. FORCE MAJEURE. YES will not be liable for failing to perform under this Agreement 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. CONTACT INFORMATION. If you have questions or comments about these Terms of Service, please contact [email protected]
YES NETWORK PICK-N-PLAY LIVE PROMOTION
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. The YES Network Pick-N-Play LIVE Promotion (the "Promotion") consists of the Pick-N-Play LIVE game hosted on the "Watch" Tab on the YES Network application (the "App"), through which registered users may enter individual Contests, defined below, that correspond to live Major League Baseball ("MLB") games played with the New York Yankees and live National Basketball Association ("NBA") games played with the Brooklyn Nets. Entrants for a given Contest will receive virtual tokens that can be used to submit predictions about Eligible Games for the opportunity to accumulate additional tokens that may be redeemed for prizes (a "Payout"). The Promotion will begin on March , 2022 and end at 11:59 p.m. ET on November 30, 2023 (the "Promotion Period"). Each MLB New York Yankees game and NBA Brooklyn Nets game taking place during the Promotion Period will be deemed an "Eligible Game." A Contest is defined as any portion of one or more Eligible Games with the opportunity for a Payout. Each Contest will begin at a specified time ("Contest Start Time") and end at a specified time ("Contest End Time"). Duration of Contests will vary, including but not limited to a quarter of a game, an inning of a game, a full game, a week, a month, or a season. This Promotion is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal United States residents who are physically residing in one (1) of the fifty (50) United States, (excluding Puerto Rico, Guam, the U.S. Virgin Islands and other U.S. territories), and who are eighteen (18) years of age or older and the age of majority in their state of residence as of the date of entry into a given Contest. Officers, directors, and employees of Contest Entities (as defined below), their immediate family members (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win any Contest or receive any Payout in the Promotion. The "Contest Entities" as referenced herein, shall include SimpleBet, Inc., 373 Park Avenue South, 9th Floor, New York, NY 10016 and Yankees Entertainment and Sports Network, LLC, 200 Park Avenue, 12th Floor, Suite B, New York, NY, 10022 (collectively, "Sponsors"), prize provider(s) identified in the Promotion, and each of their respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Promotion.
Entrants are not eligible to enter or win any Contest or receive a Payout in the Promotion if: (a) by virtue of entrant's affiliation or employment with another company operating in the fantasy sports or sports gaming industry, entrant has or has had access to that company's pre-release, non-public, or confidential data or other information that is not available to all other entrants of the Contest that may provide entrant an advantage in any such Contest in the Promotion; (b) entrant is an official, referee, coach or professional athlete, or agent of any official, referee, coach or professional athlete, whose performance may be used to determine the outcome of any Contest in the Promotion; or (c) entrant is a commissioner, owner or employee of a professional sports league/association or its member teams, including team management, team support personnel, and other individuals.
Once an entrant has become a registered user on the App, the entrant may enter a Contest in this Promotion. To enter a Contest in this Promotion, the entrant may select the "Watch" tab within video player. Upon entry of a Contest, the entrant will be given an initial virtual token balance of Two Thousand (2,000) tokens (the "Token Balance") to be used during that Contest. In each Contest, the entrant will be presented with questions asking the entrant to make predictions about Eligible Games ("Prediction Types") with each Prediction Type containing several possible predictions ("Prediction Selections") from which the entrant may select one prediction. Once the entrant chooses a Prediction Type and a Prediction Selection, the entrant may decide how many virtual tokens to use on the Prediction Selection, and then submit the prediction ("Prediction Submission") by selecting the "Place Action" option. Entrants may risk between one (1) and one hundred (100) tokens of their Token Balance for each Prediction Submission in a given Contest. The Token Balance can be used on any Prediction Type available in connection with the Eligible Game associated with the corresponding Contest. For each Prediction Submission in which the entrant's Prediction Selection is accurate, an amount relative to the number of tokens the entrant used on the submission will be added to the entrant's Token Balance for the corresponding Contest. This amount added will be based on the likelihood of the given Prediction Selection being accurate, as shown to the entrant prior to any Prediction Submission. The entrant's Token Balance is unique to each Contest in which the entrant participates. Entrants will not be able to use tokens obtained from one Contest in another Contest.
The Token Balance has no cash value and may not be redeemed for cash. Entrants may make as few or as many Prediction Submissions as they may choose with their Token Balance in a given Contest. No purchase or deposit is necessary in order to make a Prediction Submission.
Contests and Eligible Games are subject to change at the discretion of Sponsors and/or the Leagues (defined below). Eligibility restrictions may apply and vary by Contest.
PAYOUTS: When entrants accumulate enough tokens through accurate Prediction Submissions placed using their Token Balance for a given Contest, entrants may redeem prizes in the form of gift cards through the Prizeout, Inc. portal on the App at any time during the Promotion Period.
All details and the existence of prizes available as Payouts will be determined by Sponsors in their sole discretion and are subject to change and/or cancellation at any time. Sponsors reserve the right to substitute Payouts (or portion(s) thereof) with similar Payouts of comparable or greater value. Any and all taxes, and other expenses, costs, or fees associated with the acceptance and/or use of Payouts are the sole responsibility of the entrants. Entrants are encouraged to contact their own tax advisor regarding potential tax implications, if any, of Payouts. Payouts cannot be transferred by the entrants, with no substitution of Payouts by Entrants. Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Payouts, and are not responsible or liable for any expenses incurred as a consequence thereof. Payouts will be awarded "as is" with no warranty or guarantee, either express or implied by Sponsors. Payouts may be subject to certain terms and conditions as specified by issuer. Other restrictions may apply.
PROOF OF ELIGIBILITY: Sponsors' computer shall be the official timekeeper for all matters related to any Contest in the Promotion. "Receipt" of a Prediction Submission only occurs when Sponsors' servers record an entrant's registration information and Prediction Submission during the corresponding Contest. Proof of submission (such as an automated receipt, screen shots, electronic mail, etc.) shall not constitute proof of actual receipt of entry for purposes of these Official Rules. Screen shots, printouts or any other purported "proof" or "evidence" of entry or Token Balance whatsoever shall not constitute proof of entry, the amount in the entrant's Token Balance, or the entrant's ability to obtain a Payout under any circumstances. Proof of entry, the amount in the entrant's Token Balance, and the entrant's opportunity to obtain a Payout can only be established through Sponsors' validation process.
In case of a dispute over the identity of an entrant, the authorized account holder of the Facebook account, Google account, or email address used to register for the App will be deemed to be the entrant. "Authorized account holder" of a Facebook account is defined as the person who is assigned to a Facebook account by https://www.facebook.com. "Authorized account holder" of a Google account is defined as the person who is assigned to a Google account by https://www.google.com. "Authorized account holder" of an email address is defined as the person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entry constitutes permission (except where prohibited by law) to use entrant's name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
Data rates may apply to entering a Contest via your web-enabled mobile device. See your wireless service provider for details on rates and capabilities.
Sponsors may but are not obligated to notify entrants of their ability to obtain a Payout.Sponsors may share potential names of entrants and contact information with the Contest Entities and/or any Payout provider(s), as applicable, if necessary.Entrants may be required at any time to provide the Contest Entities with additional documentation and/or information to verify their identity and provide proof that all eligibility requirements have been met (collectively, "Eligibility Information"). Such Eligibility Information may include, without limitation, entrant's date of birth, residential address, social security number, and an executed Form W-9; potential Winners may also be required at any time to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (such documentation, collectively, "Contest Documents"). Eligibility Information and Contest Documents must be provided and/or returned and executed upon Sponsors' request. Noncompliance may result in disqualification from any Contest or forfeiture of Payouts, at Sponsors' sole discretion. If an entrant is found to be ineligible, cannot or does not comply with these Official Rules, such entrant may be disqualified from any Contest and/or have the entrant's Token Balance and/or Payouts forfeited. If a Token Balance and/or Payout is unclaimed or returned as undeliverable, including, but not limited to, if the entrant fails to claim or withdraw their Payout within a reasonable time, as determined by Sponsors in their sole discretion, but in no event later than twelve (12) months from the date of last activity in the Promotion Period, such entrants may be disqualified from the Contest(s) and/or have any Payouts forfeited.
Contest results will be based on the outcome, statistics, gameplay, and/or results as of the time when final scoring is tabulated by Sponsors. Contest results will not be changed in light of official statistics adjustments made by the Leagues, though Sponsors reserve the right to make adjustments in their sole discretion to Contest results, including right to void a Prediction Submission, based on errors or irregularities in their calculation of results or in the transmission of information to Sponsors from third parties. The Leagues are not responsible or liable for Contest scoring or results, or any decision of Sponsors in connection with such Contest scoring or results, including without limitation, changes to official Game statistics. The "Leagues," as referenced herein, shall include the professional sports leagues and/or associations identified or referenced in connection with the Promotion, their member teams and/or clubs, and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees. Sponsors, in their sole discretion, also may make adjustments in the event of noncompliance with these Official Rules. Sponsors have no obligation to delay the awarding of any Payouts in anticipation of any adjustment, and Sponsors reserve the right to reverse, in their sole discretion, the awarding of Payouts in the event of any adjustment. Entrants agree to be bound by any such adjustments and to cooperate with Sponsors' reasonable efforts to award Payouts.Decisions of Sponsors are final and binding with respect to all matters related to each Contest.
To the extent that the Promotion offers or displays scoring, standings, results, statistics, or other information relating to any Contest ("Live Information"), all such Live Information is unofficial and is offered for informational and/or entertainment purposes only.
Prior to awarding any Payout, Sponsors may conduct checks for compliance with these Official Rules, eligibility and identity verification, evidence of fraud or other prohibited conduct (as determined by Sponsors in their sole discretion). In the event that an entrant accumulates prizing with an Actual Retail Value ("ARV") of six hundred dollars ($600) or more in a single calendar year, Sponsors will furnish an Internal Revenue Service Form 1099 to such entrant for the ARV of Payouts for the year in which Payouts were won.
Automatically after the end of each Contest, and for up to twelve (12) hours after the end of each Eligible Game, Payouts obtained in Contests may be viewed by entrant on the Leaderboard section of the App. Within up to two (2) days after the end of each Contest, entrants may be notified by email of their position on the Leaderboard and/or their ability to redeem a Payout through the Prizeout, Inc. portal in the App; however, entrants are not guaranteed a notification that they have accumulated sufficient tokens to obtain a Payout. Sponsors may also request additional information, including without limitation, Eligibility Information and Contest Documents, before providing a Payout. Payouts may be distributed in an alternative manner at Sponsors' sole discretion.
CONDITIONS: By entering any Contest in this Promotion, each entrant agrees, for entrant and for entrant's heirs, executors, and administrators, (a) to release and hold harmless the Contest Entities, the Leagues, and each of their respective owners, members, officers, directors, and employees (collectively, the "Released Parties") from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant's participation in the Contest and/or the Promotion and/or his/her acceptance, possession, use, or misuse of Payouts or any portion thereof (including any travel related thereto); (b) to indemnify the Released Parties from any and all liability resulting or arising from any Contest and/or the Promotion and to hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Payouts, including express warranties provided exclusively by any Payout supplier that are sent along with Payouts; (c) if eligible to obtain a Payout, to the posting of such entrant's name in the App and the use by the Released Parties of such name, voice, image, and/or likeness for any purpose whatsoever, through the world, including, but without limitation, in connection with the App, and related publicity, promotional, advertising, and merchandising purposes, in any and all media now or hereafter known, throughout the world, in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error herein or in the App or Promotion, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from any Contest in the Promotion or forfeiture of Token Balance or Payouts at Sponsors' sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from the App or any Contest any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the App, Promotion, or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, epidemic, pandemic, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other "force majeure" event will not be considered a breach of these Official Rules. The Released Parties assume no responsibility for any injury or damage to entrants' or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with the App. The Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors do not warrant or make any representations of any kind with respect to the information provided through the App, including, without limitation, Live Information, and Sponsors shall not be responsible or liable for the accuracy, usefulness, or availability of such information, or for any errors or omissions in connection therewith. Sponsors reserve the right to cancel, modify, or suspend any Contest in the Promotion or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winners in a random drawing from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted in the Promotion. Sponsors may prohibit any entrant or potential entrant from participating in any Contest in the Promotion, void any Entries submitted by such entrant or potential entrant, or disqualify such entrant or potential entrant from any Contest if such entrant or potential entrant engages in any conduct that Sponsors, in their sole discretion, determine to be improper, unfair, fraudulent or otherwise adverse to the operation of the Promotion or in any way detrimental to other entrants or potential entrants ("Improper Conduct"). If any entrant or potential entrant engages in any Improper Conduct (as determined by Sponsors in their sole discretion), Prizes may be delayed, withheld and/or forfeited, and Sponsors may require the return of any Prizes that have already been awarded. Improper Conduct includes, without limitation: violating or showing a disregard for these Official Rules; acting with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors' agents or representatives or any Released Party; tampering or attempting to tamper in any way with the Promotion (or any computers, programs or networks associated with the Promotion), any Contest's entry process or the operation, gameplay and/or results of any Game or Contest; falsifying personal information, including information required to use the Promotion, enter any Contest or win any Prize; violating eligibility requirements; or behaving in any other disruptive manner (as determined by Sponsors in their sole discretion). Sponsors reserve the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Promotion.
DISPUTES: THE PROMOTION AND CONTESTS ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW, RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS. THE FORUM AND VENUE FOR ANY DISPUTE, CONTROVERSY, OR CLAIM CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS IN CONNECTION WITH ANY MATERIAL SUBMITTED IN ANY ENTRY, SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ("JAMS RULES"). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL, OUT-OF-POCKET EXPENSES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY'S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE PROMOTION SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT WILL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE.
NOTWITHSTANDING THE FOREGOING, THE CONTEST ENTITIES SHALL HAVE THE RIGHT, IN THEIR SOLE DISCRETION, TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN STATE OR FEDERAL COURT IN NEW YORK, NEW YORK TO ENFORCE THESE TERMS AND CONDITIONS.
WINNERS ANNOUNCEMENT: Names of entrants that successfully obtain Payouts ("Winners") totaling more than $25 will be made available by no later than 90 days after the conclusion of the Promotion Period. To obtain those names, send a self-addressed, stamped envelope to be received within sixty (60) days of the conclusion of the Promotion Period to: YES Network Pick-N-Play LIVE, YES Network, 805 Third Ave, 30th Floor, New York, NY 10022.
YES Network trademarks, service marks and copyrights and the YES Network Pick-N-Play LIVE mark used herein are proprietary to Yankees Entertainment and Sports Network, LLC. All rights reserved.
The YES Network Pick-N-Play LIVE Promotion and Contests are not in any way affiliated with, or administered or endorsed by Facebook, Google, Android, or Apple.