Effective Date: August 3, 2015
These SLS Terms are effective as of the Effective Date above and the other Terms referenced above are effective as of the effective date provided within each document posted on the Services. If you have not reviewed any of the Terms, including, these SLS Terms applicable to the Services since the Effective Date, please review them carefully before using the Services. We may change the Terms, including these SLS Terms, in the future, so we encourage you to review periodically the Terms, including these SLS Terms, applicable to the Services you use. The most current version of the applicable Terms (along with its effective date), including these SLS Terms, will be linked from each of the Services. Accordingly, you agree that we may notify you of the then applicable Terms by posting them on the Services (or in any other reasonable manner of notice which we elect). If you do not agree with any changes to any of the Terms, including these SLS Terms, your sole remedy is to discontinue use of the Services. If you continue to use the Services after we change these Terms, including these SLS Terms, your continued use constitutes your acceptance to all changes. Certain Services are provided to you free-of-charge, while other Services, including the SportsLine Pro Membership (the "Pro Membership") require payment before you can access them. If you choose to subscribe to the Pro Membership, please review the provisions of the 'Pro Membership' Section below, in addition to all of the other provisions of the Terms, including these SLS Terms. If you are not a subscriber of the Pro Membership, then the Pro Membership Section does not apply to you. References to Services throughout the Terms include the Pro Membership.
Please review the Terms, including these SLS Terms, carefully before using the Services (including, without limitation, the Pro Membership) because they affect your rights. By using the SportsLine Site, any of the Services and/or the audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, advice, predictions, statistics, data and other content associated with the Services (the "Content") you accept and consent to the terms and conditions of these Terms, including these SLS Terms, and agree to be legally bound by them.
Your use of the SportsLine Site, the Services (including, without limitation, the Pro Membership) and the Content are also subject to your compliance with all applicable laws and regulations. If you do not agree to any of the terms and conditions in this agreement, you should not use the SportsLine Site, the Services, or the Content.
CBSi assumes no responsibility in connection with your use of the SportsLine Site, the Services, or the Content. The SportsLine Site, the Services (including, without limitation, the Pro Membership), and the Content are provided for your non-commercial entertainment and enjoyment. You may not distribute, modify, republish, or publicly display any of the Content or Services unless you have the prior written permission of CBSi, which permission may be withheld at CBSi's sole discretion.
ENTERTAINMENT PURPOSES ONLY
THE SPORTSLINE SITE, THE SERVICES AND THE CONTENT ARE BEING PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND ARE NOT INTENDED TO BE USED FOR ANY FORM OF GAMBLING OR WAGERING.
Any gaming features that we make available on the Services, including fantasy game features, are provided exclusively for entertainment purposes. In addition, you are prohibited from gambling or wagering on the result of any gaming features provided on or through the Services, or from using the Services to gamble or wager on the result of any game. If we believe that you have violated the prohibitions in this paragraph, we may immediately terminate your access to the Services, with or without notice to you. Notwithstanding any other provision of this agreement or of law, you will not be entitled to any refund of any fees paid to us if your access is terminated because of a violation or alleged violation of this Agreement.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SPORTSLINE SITE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRO MEMBERSHIP), THE CONTENT AND ANY MESSAGE (DEFINED BELOW) IS AT YOUR SOLE RISK. THE SPORTSLINE SITE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRO MEMBERSHIP) AND THE CONTENT (INCLUDING ANY MESSAGE) ARE PROVIDED ON AN "AS IS" AND "AVAILABLE" BASIS. CBSi EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
b. CBSi MAKES NO WARRANTY THAT: (i) THE SPORTSLINE SITE, SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRO MEMBERSHIP) OR THE CONTENT (INCLUDING ANY MESSAGE) WILL MEET YOUR REQUIREMENTS, (ii) THE SPORTSLINE SITE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRO MEMBERSHIP) OR THE CONTENT (INCLUDING ANY MESSAGE) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SPORTSLINE SITE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRO MEMBERSHIP) OR THE CONTENT (INCLUDING ANY MESSAGE) WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRO MEMBERSHIP), INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SPORTSLINE SITE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRO MEMBERSHIP) OR THE CONTENT (INCLUDING ANY MESSAGE) WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OPERATING ON THE SPORTSLINE SITE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SPORTSLINE SITE OR THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRO MEMBERSHIP) IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SPORTSLINE SITE OR THROUGH OR FROM THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRO MEMBERSHIP) OR THE CONTENT (INCLUDING ANY MESSAGE) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CBSi SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSSES YOU INCUR FROM YOUR USE OF THE CONTENT (INCLUDING ANY MESSAGE) PROVIDED ON THE SERVICES.
e. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions' laws are applicable.
b. When any user posts any Message to the SportsLine Site or any of the Services, CBSi shall have the right, but not the obligation, to review, edit or delete any Message for any reason, at CBSi's sole discretion. It is CBSi's policy to fully cooperate with law enforcement authorities and court orders which request or require CBSi to disclose personal information or the postings of anyone posting Messages to the SportsLine Site or any of the Services, in accordance with the Terms. Although CBSi may monitor and/or review Messages from time to time, it is under no obligation to do so and does not assume any liability or responsibility with respect to any Messages including those that contain errors, defamatory content, pornography, profanity or inaccuracies.
c. You acknowledge and agree that CBSi may preserve Messages and may also disclose Messages if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms, including the SLS Terms; (c) respond to claims that any Message violates the rights of third-parties; or (d) protect the rights, property, or personal safety of CBSi, its users and the public. You understand that the technical processing and transmission of the Services, including Messages, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
THE PRO MEMBERSHIP SUBSCRIPTION TERMS
The Pro Membership requires payment before you can access it. If you choose to subscribe to the Pro Membership, please review the provisions of these SLS Terms, in addition to all of the other provisions of the Terms. If you are not a subscriber of the Pro Membership, then this Section does not apply to you. References to Services throughout the Terms include the Pro Membership.
These SLS Terms contain additional provisions that apply if you subscribe to the Pro Membership.
a. To subscribe to the Pro Membership, you will first need to be a registered user of the SportsLine Site. Once registered you may access the subscription page of the Pro Membership found at https://secure.sportsline.com/payment. When you provide payment information, as part of your subscription you represent and warrant that the information you provide is accurate, that you are authorized to use the Payment Method (as defined below) provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards. Subject to compliance with the terms and conditions set forth in the Terms, during the subscription term, a user who has purchased a subscription to the Pro Membership will have a limited, revocable, non-transferable and non-exclusive license for a user's personal access to view the subscription Content via up to four (4) unique devices owned by the user; provided, however, that the subscription Content may only be viewed by one (1) of the user's designated devices at any one time. User will use their username and password for purposes of accessing the Subscription Content.
b. You shall: (a) be responsible for the security and/or use of his or her username and password; (b) not disclose that information to any person or entity; (c) not permit any other person or entity to use your username or password; and (d) use your subscription in accordance with the terms and conditions of the Terms. CBSi reserves the right to deny, suspend or revoke access to the subscription Content, in whole or in part, if CBSi believes a user is in breach of the Terms or is otherwise using or accessing the subscription Content in a manner inconsistent with the terms and conditions of this Agreement. Users acknowledge and agree that CBSi is providing access to and use of the subscription Content to multiple customers and those services are non-exclusive and non-transferable by user. You can access and edit specific details regarding your subscription to the Pro Membership, including information concerning your credit card or other available payment method ("Payment Method"), on the SportsLine Site at any time by clicking on your name, which appears at the top of each page of the site when you are logged in, and clicking the "My Account" link in the drop down menu that will appear.
c. Individuals must be 18 years of age (or the applicable age of majority in the jurisdiction where you reside) or over in order to subscribe to Pro Membership. By subscribing to Pro Membership you acknowledge that you are 18 years of age (or the applicable age of majority in the jurisdiction where you reside) or over and that by using the Pro Membership, you may be exposed to Content that you find objectionable. It is your sole responsibility to determine whether the Content in the Pro Membership is suitable for you.
d. AUTOMATIC RENEWAL BILLING TERMS: By providing Payment Method information for your Pro Membership subscription, you are agreeing to pay a subscription fee, that will automatically renew at the then current rate unless you unsubscribe as specified herein, and any applicable taxes and service fees ("Fees") in connection with your use of the Pro Membership. The Fees will be charged to your Payment Method automatically at the beginning of your subscription period, and at the beginning of each renewal subscription period thereafter on the calendar day corresponding to the commencement of your current subscription period unless you cancel your subscription or your account or the Pro Membership is suspended or terminated pursuant to the Terms. The renewal subscription period will be the same length as your initial subscription period unless otherwise disclosed to you at the time of sale. The rate for the renewal subscription period will be the then current subscription-rate. Please note that in connection with monthly subscriptions, if applicable, if your subscription begins after the 28th day of a month, then in any subsequent month in which that day does not occur, CBSi will charge your Payment Method on approximately the last day of such month. For example, if you started your subscription on January 31st, your next payment date will be approximately February 28th. The Fees charged to your Payment Method may vary from subscription period to subscription period due to changes in your subscription plan or applicable taxes, and you authorize CBSi to charge your Payment Method for these amounts. CBSi reserves the right to change the pricing of subscription to the Pro Membership at any time. In the event of a price change, CBSi will post the new pricing in the SportsLine Site and attempt to notify you in advance by sending an email to the address you have registered for your account. You agree that we may change the pricing we charge you for your subscription to the Pro Membership by providing you with notice through an electronic communication from us and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You consent to our ability to change our pricing through an electronic communication to you. If you do not wish to accept a price change, you may cancel your Pro Membership subscription as described below, otherwise you will be deemed to have consented to the price change and authorize CBSi to charge the new Fees to your Payment Method. If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify CBSi within 60 days after they first appear on an account statement. YOU ARE RESPONSIBLE FOR ALL INTERNET ACCESS CHARGES. PLEASE CHECK WITH YOUR INTERNET PROVIDER FOR INFORMATION ON POSSIBLE INTERNET DATA USAGE CHARGES.
e. As described further below, even if you cancel your subscription to the Pro Membership during a subscription period, you will not receive a refund for any portion of the Fees for the remainder of the current subscription period. In rare circumstances, we may provide a credit, discount, or other consideration to some or all of our subscribers ("Credits"). The amount and form of such Credits, and the decision to provide them, are at our sole discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
g. If you fail to pay any Fees when due, as a result of expiration of your Payment Method, insufficient funds, or otherwise, (1) you will remain liable for all such amounts, as well as any costs that CBSi incurs in collecting any amounts you fail to pay in connection with the Pro Membership, including attorney and collections fees; (2) you authorize CBSi to continue charging your Payment Method, as your Payment Method information may be updated as described above; and (3) we may suspend or terminate your subscription. Changing your Payment Method information may affect the day of your subscription period renewal. Upon the expiration or termination of these SLS Terms for any reason, user's access to, and use of, the subscription Content will terminate.
h. From time to time, promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, subject to certain restrictions as determined by CBSi, in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
i. CBSi reserves the right to update and change the Pro Membership, including its features and the selection of Content available in the Pro Membership, at any time. In addition, CBSi reserves the right to test various aspects of the Pro Membership. CBSi reserve the right to, and by using our Services you agree that we may, include you in or exclude you from these tests without notice.
j. As part of the Pro Membership, CBSi may send you emails regarding the Content or the Pro Membership from time to time. You agree that CBSi may send you these types of emails to the email address that you provide. Because these emails are necessary for you to receive the Pro Membership, you agree that you will receive these emails even if you have opted out of receiving other email from CBSi. If you do not want to receive these types of emails, you may cancel your subscription to the Pro Membership at any time as provided in these SLS Terms.