BLOOMBERGSPORTS.COM and BSPORTS.COM
- General Terms
- Inquiries Regarding this Site’s Content
- Intellectual Property Issues:
- General Inquiries: firstname.lastname@example.org
- Copyright Agent for Copyright Infringement Claims: email@example.com
- Trademark Information
TERMS AND CONDITIONS OF SERVICE
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE (“TOS”) FOR THE BLOOMBERG SPORTSTM WEB SITE (the “SITE”) BEFORE USING THIS SITE. By continuing to access or use the Site, or any service on this Site, you signify YOUR ACCEPTANCE OF THE TOS. Bloomberg Sports L.L.C. (“Bloomberg Sports”) reserves the right to amend, remove, or add to the TOS at any time. Such modifications shall be effective immediately. Accordingly, please continue to review the TOS whenever using this Site. Your access to or use of this Site, or any service on this Site, after the posting of modifications to the TOS, will constitute YOUR ACCEPTANCE OF THE TOS, as modified. If, at any time, you do not wish to accept the TOS, you may not access or use this Site. Any terms and conditions proposed by you which are in addition to or which conflict with the TOS are expressly rejected by Bloomberg Sports and shall be of no force or effect.
A. General Terms
1. User Consent to the TOS and Site Participation.
- You represent that you have read and agree to be bound by the TOS.You represent, warrant, and covenant that you are at least eighteen (18) years old. You represent, warrant, and covenant that you have completed any registration process necessary to use this Site, if required.
- You shall comply with any other applicable terms and conditions of use set forth in connection with the Services.
2. Intellectual Property.
- This Site, including but not limited to, its information, data, materials, software, functionality, services, and content (collectively, the “Services”), is proprietary and is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. The Services are also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, and other elements making up the Services are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright restrictions displayed in connection with the Services.
- The Services were developed, compiled, prepared, revised, selected, and arranged by Bloomberg Sports and others (including certain information sources) (individually and collectively, “IP Rights Holders”) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of the IP Rights Holders and you acknowledge and agree that you have no ownership rights in or to the Services and that no such rights are granted under the TOS. You agree to protect the proprietary rights of the IP Rights Holders during and after your use of the Services. You shall honor and comply with all requests made by the IP Rights Holders to protect their contractual, statutory, and common law rights in the Services with the same degree of care used to protect your own proprietary rights, which in no event shall be less than reasonable efforts. You agree to notify Bloomberg Sports in writing promptly upon becoming aware of any claim that the Services infringe any patent, copyright, trademark, or other contractual, statutory, or common law rights. Bloomberg Sports shall retain all rights to all data comprising or included in the Services (including without limitation related information,
such as instructional materials and videos). The granting of this license does not affect the ownership of any data or materials, whether tangible or intangible.
- You shall not use any of Bloomberg Sports’ or its affiliates’ trademarks, trade names, or service marks in any manner that creates the impression that such names and marks belong to or are identified with you or that you are associated with or licensed by Bloomberg Sports or its affiliates to use such names or marks, and you acknowledge that you have no ownership rights in or to any of these names or marks.
- Permitted Uses. Bloomberg Sports grants to you a nonexclusive, nontransferable, nonsublicensable, and limited license to access, store, and use the Services (collectively, “Use the Services”) only as expressly permitted in the TOS for your personal, noncommercial use. The Services are solely and exclusively for your use and shall not be used for any illegal purpose or in any manner inconsistent with the provisions of the TOS. You may use data made available via the Services (“Data”) solely in the regular course of your use of the Services. Except as otherwise provided or permitted by Bloomberg Sports from time to time with respect to certain Data, you may print portions of Data and/or download a single copy of portions of Data to a storage device under your exclusive control (such printed and stored data, “Downloaded Data”) for your personal, noncommercial use only consistent with the terms and conditions of the TOS and provided that you retain all copyright and other proprietary notices; and to the extent permitted by applicable copyright laws, make and distribute copies of a limited amount of Downloaded Data for your personal, noncommercial use, provided, however, that in all cases you retain all copyright and other proprietary notices. Notwithstanding anything to the contrary set forth herein, you agree to comply with, and use of Data is subject to, any rules, restrictions and/or requirements of third-party data providers applicable to Data and your use of Data.
- Restrictions. Except as expressly permitted in the TOS, you shall not (i) recirculate, distribute, scrape, store, transmit, publish, broadcast, copy, download, or otherwise use the Services or any portion thereof in any form or by any means except with the prior written consent of Bloomberg Sports, and the consent of certain third-party data providers and other providers of data or services available through the Services, as applicable; (ii) share, recompile, decompile, disassemble, reverse engineer, or make or distribute any other form of, or any derivative work from, the Services, or Data, or any portion thereof; or (iii) store or use Downloaded Data in an archival database or other searchable database except as expressly permitted by the TOS or as quoted in your work product (in compliance with the TOS). Except as expressly permitted in the TOS, you shall not sell, license, or distribute Data (including Downloaded Data) to third parties or use Data as a component of or as a basis for any material offered for sale, license, or distribution. Notwithstanding anything to the contrary in the TOS, you may not use, and may not permit any third party to use, the Services or Data (including Downloaded Data) in any manner (including, without limitation, with respect to quantity, frequency of access, or distribution or scope of distribution, as applicable) that could, in Bloomberg Sports’ good faith judgment, cause the Services or Data so used to: (w) be a source of or substitute for the Services or Data; (x) affect Bloomberg Sports’ability to realize revenue in connection with the Services or Data; (y) compete with the business of Bloomberg Sports or its affiliates; or (z) negatively affect Bloomberg Sports’ network or servers, including without limitation the speed of delivery of Data. Notwithstanding anything to the contrary in the TOS, Bloomberg Sports reserves the right, in its sole discretion, temporarily or permanently to block access to the Services and Data, including the ability to download or distribute any Data, at any time without notice and effective immediately. Unauthorized access or use of the Services or Data is unlawful and Bloomberg Sports and its suppliers shall have all rights provided by law to prevent such access or use and to collect damages in such event.
- Additional Restrictions: You shall not: (i) use the Services in any manner that could harm, take over, disable, overburden, or otherwise impair any of Bloomberg Sports’ computer systems; (ii) interfere with any other party’s use and enjoyment of the Services, or any of the content, information or services provided on or through the Services; (iii) access, monitor or copy any content or information on this Site, including but not limited to user information, or this Site’s architecture, using any robot, spider, scraper, web crawler, or other automated means or any similar manual process or any software; (iv) violate the restrictions in any robot exclusion headers of this Site, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services; (v) attempt to gain unauthorized access to any services, servers, or networks used by this Site through any means; (vi) attempt to gain access to the Services or Data through any means not intentionally made available by Bloomberg Sports; (vii) use the Services, the information contained therein, or any trademarks, trade names, service marks, copyrights, or logos of Bloomberg Sports or its affiliates in unsolicited mailings or spam material; (viii) use the Services to use or attempt to use another user’s information, including without limitation, name; (ix) solicit, collect, transmit, store, or otherwise make available private information of any third party; or (x) use any information, including without limitation, information about another user, obtained through use of the Services in an unlawful, harassing, libelous, harmful, defamatory, obscene, or otherwise objectionable manner, as determined by Bloomberg Sports in its sole discretion.
- If you submit material to or via this Site or to Bloomberg Sports or its representative, unless Bloomberg Sports indicates otherwise, you grant Bloomberg Sports and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such content throughout the world in any form, media, or technology now known or hereafter developed. You agree that Bloomberg Sports has the right, but not the obligation, in its sole discretion, to monitor, modify, or delete such material or prohibit the transmission of such material at any time. You agree that you must bear all risks associated with the use of such material, including without limitation, any reliance on the accuracy, completeness, or usefulness of such material. You also permit any other user to access, review, store, or reproduce such material for that user’s personal use. You grant Bloomberg Sports and its affiliates the right to use the name and any other information that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the material that you submit; that the material you submit is truthful and accurate; that use of the material
you supply does not violate this TOS and will not cause injury to any person or entity; and that you will indemnify Bloomberg Sports and its affiliates, suppliers, agents, directors, officers, employees, representatives, successors, and assigns for all claims resulting from material you supply. Bloomberg Sports and its affiliates, suppliers, agents, directors, officers, employees, representatives, successors, and assigns disclaim any responsibility and assume no liability for any material submitted by you or any third party. Please be aware that if you disclose personal information on this Site, that information may be collected and used by third parties without our knowledge and may result in unsolicited activities from third parties. Such activities are beyond the control of Bloomberg Sports and its affiliates.
4. Fees and Charges. You shall pay any and all fees and charges as set forth for the Services. You shall pay to Bloomberg Sports any applicable fees and/or levies imposed or charged by Bloomberg Sports or a third-party in connection with fee-liable data or services accessed through the Services at your request where you are informed of such fees in advance.
5. Registration, Access, and Security.
- Registration and User ID. As part of the registration process which may be necessary to obtain access to the Services, certain registration information will be provided to Bloomberg Sports. You represent that your registration information is accurate and truthful. You shall promptly update your registration information through the Services or as otherwise directed by Bloomberg Sports in order to keep such information true, accurate, and up to date. Each registration is for a single user only. Bloomberg Sports reserves the right to deny creation of your account based on Bloomberg Sports’ inability to verify the authenticity of your registration information. You shall gain access to the Services through a unique username and password (your unique username and password, the “User ID”), which may be used by you to gain access to the Services only for so long as you are authorized to access and use the Services in accordance with the TOS. You agree to treat the User ID as confidential and not to disclose such User ID, either directly or indirectly, to any person. You shall not use a User ID that Bloomberg Sports, in its sole discretion, deems offensive or inappropriate. You are fully responsible for all usage and activity of the Services through you, including, but not limited to, any use of the User ID. Only you may access the Services through the User ID and access may not be shared with any other person or used in any manner that is inconsistent with the TOS. You agree to maintain only one account with the Services at any time and certify that you currently have no other account(s) with the Services. You also agree not to access the Services simultaneously from two or more devices, computers, workstations, or locations.
- Security. You agree to promptly notify Bloomberg Sports at firstname.lastname@example.org of any known or suspected unauthorized use of the Services, including but not limited to the User ID, or any known or suspected breach of security, including but not limited to, loss, theft, or unauthorized disclosure of a User ID. You agree properly to exit the Services at the end of each session. BLOOMBERG SPORTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PERSON OR ENTITY FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE REQUIREMENTS. If the device on which the Services are accessed is sold or transferred to another party, you agree to delete all cookies and software files obtained by or through use of the Services that are stored on such device. Notwithstanding anything else herein, Bloomberg Sports reserves the right to pursue any and all claims against you and any person or entity using your User ID.
- Audit and Monitoring. Bloomberg Sports reserves the right periodically to audit and monitor (physically or electronically) the use of the Services to ensure compliance with the TOS and to maintain and improve the provision of the Services.
6. Disclaimer and Limitation of Liability.
- Warranties. Each time you use the Services, you shall be deemed to represent, warrant, and covenant to Bloomberg Sports that: (i) you have all requisite regulatory and legal authority to enter into and be bound by the TOS; and (ii) your use of the Services complies with all applicable laws, rules, and regulations. You covenant that you shall not use the Services or any information obtained through the Services in violation of any law.
- Liability. NEITHER BLOOMBERG SPORTS NOR ITS AFFILIATES MAKE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES OR RESULTS TO BE ATTAINED BY YOU OR OTHERS FROM THE USE OF THE SERVICES AND EACH DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NON-INFRINGEMENT. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THE SERVICES AND ALL PORTIONS THEREOF ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Bloomberg Sports does
not warrant that the Services are compatible with your equipment or that the Services, or that any electronic communications sent by Bloomberg Sports or its affiliates, are or will be free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and Bloomberg Sports and its affiliates are not liable for any damage you may suffer as a result of such destructive features. None of Bloomberg Sports, its affiliates, or their respective suppliers and third-party agents shall have any responsibility or liability, contingent or otherwise, for any injury or damages, whether caused by the negligence of Bloomberg Sports, its affiliates, any of their respective employees, subcontractors, agents or equipment vendors or otherwise, arising in connection with the Services, or for any lost profits, losses, incidental, consequential, special, punitive, or exemplary damages or for any claim against you by any other party, even if Bloomberg Sports has been advised specifically of the possibility of such damages. None of Bloomberg Sports, its affiliates, or their respective suppliers guarantees the accuracy, correctness, completeness, or timeliness of the Services or any programs, data, or other information furnished in connection therewith. You are solely responsible for the accuracy and adequacy of the data and information you use and the resultant output thereof. Notwithstanding anything to the contrary set forth herein, to the maximum extent permitted by law, none of Bloomberg Sports, its affiliates, or their respective suppliers shall, directly or indirectly, be liable, in any way, to you or any other person for any inaccuracies, delays, errors, or interruptions in the Services from whatever cause, or any loss or damage arising therefrom or occasioned thereby, or by reason of any nonperformance. Bloomberg Sports does not control the content of other web sites, services, goods, or advertisements that may be linked to the Services and therefore is not responsible for the availability, content, or accuracy of linked web sites, services, goods, or advertisements. Notwithstanding anything to the contrary in the TOS, to the extent permitted by law, the aggregate liability of Bloomberg Sports and its affiliates arising in connection with the TOS and the Services for damages, regardless of the form of the action, shall not exceed $500. Notwithstanding the foregoing, the TOS shall not limit any liability for death or personal injury directly resulting from negligence if and to the extent such limitation would violate applicable law. No action, regardless of form, arising out of or pertaining to the Services may be brought by you more than one year after the cause of action has accrued.
- Force Majeure. No party shall be liable to the other for any default resulting from force majeure, which shall be deemed to include any circumstances beyond the reasonable control of the party or parties affected.
- Remedies. If you breach or threaten to breach any provision of the TOS, Bloomberg Sports shall be entitled to seek injunctive relief to enforce the provisions hereof, but nothing herein shall preclude Bloomberg Sports from pursuing any action or other remedy for any breach or threatened breach of these TOS, all of which shall be cumulative. Bloomberg Sports retains the right temporarily or permanently to block access to the Services if Bloomberg Sports, in its sole discretion, believes the Services have been or may be used for an improper purpose or in violation of the terms of the TOS.
- Third-Party Communications. Bloomberg Sports disclaims all liability for any third-party communication you may receive or any actions you may take or refrain from taking as a result of any communication directed to you from any third party directly or indirectly in connection with this Site and the Services provided herein (“Third-Party Communication”). You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communication. Bloomberg Sports assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communication.
- Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless Bloomberg Sports, its affiliates, its suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Services, or any links on the Services, including, but not limited to: (i) your use or someone using your computer’s use of the Services; (ii) use by someone using your account; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Services by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Services by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim,
suit, action, or proceeding attributable to any such claim. Bloomberg Sports and its affiliates reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bloomberg Sports and its affiliates in asserting any available defense. You acknowledge and agree to pay Bloomberg Sports’ and its affiliates’ reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by Bloomberg Sports and/or its affiliates under the TOS and any other terms and conditions of service on this site, including without limitation, lawsuits arising from your failure to indemnify Bloomberg Sports and/or its affiliates pursuant to the TOS.
7. Parties. You recognize that Bloomberg Sports, its affiliated entities, its suppliers and their affiliated entities (together, the “Covered Entities”), each have rights with respect to the Services, including the software, data, information and other items provided by Bloomberg Sports and its affiliated entities by reason of your use of the Services. Section 6 shall be for the benefit of the Covered Entities and the respective affiliates, successors, assigns, officers, directors, employees and representatives of the Covered Entities. The term “Bloomberg Sports” as used in Section 6 hereof includes all the Covered Entities.
8. Termination. You may terminate the TOS immediately upon written notice to Bloomberg Sports if you also discontinue your access to and cease to Use the Services and you agree that no refund or other payment shall be owed to you. Notwithstanding anything to the contrary in the TOS, Bloomberg Sports reserves the right to terminate the TOS, or suspend or terminate your access to and use of the Services and Data, or any portion thereof, in its sole discretion, at any time without notice and effective immediately. The TOS and your access to the Services will terminate immediately without notice from Bloomberg Sports if you, in Bloomberg Sports’ sole discretion, fail to comply with any provision of the TOS. Bloomberg Sports shall not be liable to you or any third party for the termination or suspension of the Services or access to the Data, or any claims related to the termination or suspension of the Services or access to the Data. Upon termination of the TOS for any reason whatsoever, you shall discontinue your access to and cease to Use t the Services, and shall pay any and all fees and charges incurred prior to termination.
9. Governing Law. The TOS shall be governed and construed in accordance with the laws of the United States and the State of New York, without giving effect to conflicts-of-law principles thereof. You agree to submit to the exclusive jurisdiction of the federal and state courts located in New York County, New York in connection with any matters arising out of these TOS and not to assert a defense of forum non conveniens, sovereign immunity, Act of State, or analogous doctrines in connection with any such action.
10. United States Export Control & Foreign Assets Control Regulations. Bloomberg Sports does not represent that materials in the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws. You represent and warrant that you are not (a) located in or a national or resident of any country that is subject to U.S. trade sanctions, or (b) a person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or acting on behalf of any person or entity on such list.
11. Entire Agreement/Severability/Waiver. The TOS, the documents and policies incorporated herein, either in their entirety or by explicit reference, any other terms and conditions on this Site constitute the entire agreement between you and Bloomberg Sports and govern your use of the Services. If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force. Bloomberg Sports’ failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed by Bloomberg Sports in writing.
12. Miscellaneous. You agree that Bloomberg Sports has the right to change the content or technical specifications of any aspect of the Services at any time in Bloomberg Sports’ sole discretion. You further agree that such changes may result in your being unable to access the Services. The section titles in the TOS are used solely for the convenience of you and Bloomberg Sports and have no legal or contractual significance. Sections 2, 3(b), 3(c), 4 (with respect to fees and charges incurred prior to termination), and 6 through 15 shall survive any termination of the TOS.
13. Assignment/Delegation. You may not assign the TOS or the rights hereunder without the prior written consent of Bloomberg Sports. Bloomberg Sports may assign the TOS and delegate certain of its responsibilities, obligations, and duties under or in connection with the TOS to a third party or affiliate, which may discharge those responsibilities, obligations, and duties on behalf of Bloomberg Sports.
14. Electronic Communications. When you visit this Site and when you communicate with Bloomberg Sports electronically, you consent to receive communications from us electronically. You agree that all notices, disclosures, and other communications that Bloomberg Sports provides to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.
15. Linking and Framing. You may not frame this Site. Upon linking to this Site pursuant to the TOS, you will be granted a non-exclusive, non-transferable, royalty-free sublicense to use the BLOOMBERG SPORTS mark owned by Bloomberg Sports or its affiliates solely for providing an underlined, textual link from your web site to the publicly accessible home page of this Sites at www.bloombergsports.com and www.bsports.com, provided that, you do not link this Site to any web site containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. You may not link your web site to any other web pages of this Site and you may make no other use of the marks, names, or logos of Bloomberg Sports or its affiliates without express written permission from Bloomberg Sports or its affiliates. Any violation of this provision may, in Bloomberg Sports’ or any of its affiliate’s discretion, result in termination of your use of and access to this Site effective immediately.
B. INQUIRIES REGARDING THIS SITE’S CONTENT
For inquiries, you should contact Bloomberg Sports L.L.C., operating agent of Bloomberg Sports, at 120 Park Avenue, New York, NY 10017, e-mail:
email@example.com or any successor operating agent or other party as specified by Bloomberg Sports from time to time.
C. INTELLECTUAL PROPERTY ISSUES
1. General Inquiries:
Please send general inquiries regarding intellectual property issues to firstname.lastname@example.org.
2. Copyright Agent for Copyright Infringement Claims (Digital Millennium Copyright Act): The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is: William Ried, Bloomberg L.P., 731 Lexington Avenue, New York, NY 10022, telephone (212) 318-2000, facsimile (917) 522-2600, e-mail:
3. Trademark Notice:
are trademarks and service marks of Bloomberg Finance L.P., a Delaware limited partnership, or its subsidiaries. All rights reserved.
is a trademark and service mark of Bloomberg Sports L.L.C., a Delaware limited partnership, or its subsidiaries. All rights reserved.