Last Revised: April 23, 2012

SportStream, Inc. (“SportStream”, or “we”) provides our users the ability to view material, from either social networking services (“SNSs”) or the Internet generally, in an innovative way. The services offered by SportStream include our software applications (including any updates, new versions or new releases thereof), including, but not limited to, applications for mobile devices such as Apple’s iPad and iPhone (each a “SportStream Application”), our website located at www.SportStream.com (the “Site”) and any other services offered by SportStream in connection with our SportStream Application or the Site (any and all of the foregoing are referred to as the “Services”). The Services do not include any SNS or other third-party service you interact with via the Services.

Please read the following terms and conditions (“Terms of Use”) carefully. These Terms of Use govern your access to and use of the Site, Services and SportStream Content (defined below) and set forth the legally binding terms for your use of the Site, Services and SportStream Content, whether or not you are a SportStream App User (defined below) or a visitor of the Site. A “SportStream App User” is a person who has downloaded and installed a copy of the SportStream Application.

SPECIAL NOTE TO SPORTSTREAM APP USERS: Without limiting any other terms of these Terms of Use, by using an SNS via the Services you understand and agree that SportStream, as an agent on your behalf, will access and store your SNS account information and content so that they are available to you through your use of the SportStream Application and you give SportStream permission to do so. You agree that any content that you submit to an SNS while using the Services may be stored by SportStream at your direction, although SportStream does not undertake any obligations to maintain such submissions. For more information regarding how SportStream collects, stores, and uses your information, please visit our Privacy Policy at SportStream.com/privacy.

Certain areas of the Site and Services (and your access to or use of SportStream Content) may have different terms and conditions posted or may require you to agree to and accept additional terms and conditions or to register for certain uses of the Site or Services. If there is a conflict between these Terms of Use and terms and conditions posted for a specific area of the Site, Services or SportStream Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or SportStream Content.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SPORTSTREAM APPLICATION, SITE, OR SERVICES, BY DOWNLOADING THE SPORTSTREAM APPLICATION TO ANY DEVICE OR POSTING OR ACCESSING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN DO NOT ACCESS OR USE THE SITE, SERVICES OR SPORTSTREAM CONTENT.

Modification

SportStream reserves the right, in its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Site or within the SportStream Application or otherwise provide you with notice of the modification. The date of most recent revision shall be noted at the beginning of these Terms of Use. By continuing to access or use the Site or Services (including any SportStream Application) after we have posted a modification to these Terms of Use or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Site and Services.

Notwithstanding the preceding sentences of this paragraph, no revisions to these Terms of Use will apply to any dispute between you and SportStream that arose prior to the date of such revision. These Terms of Use may only be modified in writing as set forth in this paragraph, and may not be modified orally.

Eligibility and Access

The Site, Services and SportStream Content are intended solely for persons who are 13 years of age or older. Any access to or use of the Site, Services and SportStream Content by anyone under 13 is expressly prohibited. By accessing or using the Site, Services and SportStream Content you represent and warrant that you are 18 or older or, if younger than 18, are at least 13 or older and have a parent’s or guardian’s permission to access or use the Site, Services and SportStream Content.

To use certain current or future portions or functionalities of the Site, Services or SportStream Content, you may be required to register for a user name and password (a “SportStream Account”). SportStream reserves the right to reject any user name selected by you and/or revoke your right to any previously selected user name and give such user name to any other person or entity in SportStream’s sole discretion and without any liability to you. You are responsible for maintaining the confidentiality of your SportStream Account credentials to use the Services, and are fully responsible for all activities that occur through the use of your credentials. You should use a robust password to protect your SportStream Account through a combination of upper and lower case letters, numbers and other characters. You agree to notify SportStream immediately of any unauthorized use of your SportStream Account credentials or any other breach of security with respect to your SportStream Account. SportStream will not be liable for any loss or damage arising from unauthorized use of your SportStream Account credentials prior to you notifying SportStream of such unauthorized use or loss of your credentials.

You agree to provide accurate, current, complete, and non-misleading information to SportStream in connection with your creation of a SportStream Account and during your use of the Site and Services. SportStream reserves the right to suspend or terminate your access to the Site and Services if any information provided to SportStream in connection with your SportStream Account or use of the Site and Services proves to be inaccurate, not current, incomplete or misleading. If messages sent to an email address provided by you and associated to your SportStream Account are returned as undeliverable, SportStream reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party. You agree that you will not use the SportStream Application to access or use third party services to which you do not have the right to access. If you are not a SportStream App User, then you may be permitted to browse all areas of the Site or use the parts of the Services that are not limited to SportStream App Users only, except as otherwise limited by the functionalities of the Site or Services (e.g., a SportStream Account may be required for access to certain Services).

Third Party Materials and Agreements

You may be able to access, review, display or use third party services, resources, content or information (“Third Party Materials”) via the Services. By using the SportStream Application to find material on the Internet, you instruct SportStream to present portions of the data sources that you have selected. You acknowledge sole responsibility for and assume all risk arising from your access to, use of or reliance upon any such Third Party Materials, and SportStream disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials or User Content (defined below) via a SportStream Application. You acknowledge and agree that SportStream: (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and © does not make any promises to remove Third Party Materials from being accessed through the Services. Your ability to access or link to Third Party Materials or third party services (including any SNS) does not imply any endorsement by SportStream of Third Party Materials or any such third party services.

These Terms of Use do not authorize you to, and you may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third Party Materials except as expressly permitted by the Application as authorized by SportStream, and the owners of such Third Party Materials may have the right to seek damages against you for any unauthorized use of their Third Party Materials.

Privacy

By using the Services you are subject to SportStream’s Privacy Policy located at SportStream.com/privacy, which is hereby incorporated into and made part of these Terms of Use. The Privacy Policy provides information and notices concerning SportStream’s collection and use of your personal information. If you have any questions about the SportStream Privacy Policy, then please contact SportStream at corporate@sportstream.com.

Certain types of content are made available through the Site and Services. “SportStream Content” means SportStream proprietary content, including but not limited to, SportStream trademarks and logos, made available through the Site and Services, excluding Third Party Materials and User Content. “User Content” means the text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content that a SportStream App User provides directly to SportStream via the Site and Services, as applicable.

Ownership

The Site, Services, and SportStream Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, SportStream and its licensors exclusively own all right, title and interest in and to the Site, Services, and SportStream Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or SportStream Content.

SportStream claims no ownership interest in any Third Party Materials and expressly disclaims any liability concerning those materials.

SportStream Application License

License Grant. Subject to your compliance with the terms and conditions of these Terms of Use, SportStream grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to download and install a copy of the SportStream Application onto any authorized device you own and control, and run such copy of the SportStream Application solely for your personal, non-commercial use. Furthermore, with respect to any iTunes Store Sourced App (defined below) you will only use the iTunes Store Sourced App as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. SportStream reserves all rights in the SportStream Application not expressly granted to you in these Terms of Use.

Restrictions. Except as expressly specified in these Terms of Use, you may not (a) copy or modify the SportStream Application, including, but not limited to, adding new features or otherwise making adaptations that alter the functioning of the SportStream Application; (b) transfer, sell, rent, lease, distribute, sublicense or otherwise assign any rights to, or any portion of, the SportStream Application to any third party; or © make the functionality of the SportStream Application available to multiple users through any means, including, but not limited to, distribution of the SportStream Application or by uploading the SportStream Application to a network or file-sharing service or through any hosting, application services provider or any other type of service. The SportStream Application contains trade secrets, and to protect those secrets you agree not to disassemble, decompile or reverse engineer the SportStream Application, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition. You will comply with any technical restrictions in the SportStream Application that allow you to use the SportStream Application only in certain ways.

Updates and Upgrades; No Obligation. SportStream is not obligated to maintain or support the SportStream Application, to provide all or any specific content through the SportStream Application, or to provide you with updates, upgrades or services related thereto. You acknowledge that SportStream may from time to time in its sole discretion issue updates or upgrades to the SportStream Application, disable access to the SportStream Application for any period of time or permanently, and may automatically update or upgrade the version of the SportStream Application that you are using on your mobile device. You consent to such automatic updating or upgrading on your mobile device, and agree that the terms and conditions of these Terms of Use will apply to all such updates or upgrades. SportStream shall have no liability to you arising out of any unavailability of the SportStream Application.

Term and Termination. The license to the SportStream Application granted under these Terms of Use remains in effect for a period of 75 years, unless earlier terminated by you or SportStream in accordance with this provision. You may terminate the license at any time by destroying all copies of the SportStream Application in your possession or control. Without limiting any other terms of these Terms of Use, the license will automatically terminate without notice from SportStream if you breach any terms of these Terms of Use. Upon any termination of these Terms of Use, you must cease all use of the SportStream Application and promptly delete and destroy all copies, full or partial, of the SportStream Application.

Proprietary Rights. The copy of the SportStream Application is licensed, not sold, to you. You agree that SportStream and its licensors own all right, title and interest in and to the SportStream Application, including all intellectual property rights therein, and that SportStream retains ownership of all copies of the SportStream Application even after installation on your mobile device. The SportStream Application is protected by United States copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the SportStream Application as delivered to you.

U.S. Government End Users. The SportStream Application and related documentation are “commercial items” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If the SportStream Application and related documentation are being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the SportStream Application and related documentation will be only those specified in these Terms of Use.

Export Control. You may not use, export, re-export, import, or transfer the SportStream Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the SportStream Application, and any other applicable Laws. In particular, but without limitation, the SportStream Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the SportStream Application, you represent and warrant that you are not located in any such country or on any such list. You also will not use the SportStream Application for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

You agree to the Apple iTunes Terms of Service if you download a SportStream Application from the iTunes Store.

User Content

By making available any User Content through the Site and Services, you hereby grant to SportStream a worldwide, non-exclusive, transferable, assignable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast, make available, communicate to the public, and otherwise use and exploit (collectively, “Use”) such User Content only on, through or by means of the Site and the Services. SportStream does not claim any ownership rights in any such User Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to Use any such User Content. Licenses granted with respect to any photographs, artwork or images uploaded by you will terminate within 30 days following your deletion of such User Content from the Services or the termination of your SportStream Account, but the license granted by you with respect to any other User Content, including, but not limited to, any comments regarding any aspect of the Services or communications with another user of the Services, will be perpetual and irrevocable. Notwithstanding the preceding sentence, you hereby acknowledge and agree that SportStream shall not be liable for any Uses of your User Content by any third party that had access to your User Content during the period in which your User Content was available on or through the Services.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents, and releases that are necessary to grant to SportStream the rights in such User Content, as contemplated under these Terms of Use; (b) neither the User Content nor your accessing, posting, submission or transmittal of the User Content or SportStream’s Use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and © no payments of any kind shall be due to any third party, whether a copyright owner or an agent thereof, for any Use made of the User Content (or any portion thereof) on, through or by means of the Site and the Services.

Copyrighted Materials: No Infringing Use

You will not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. SportStream has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users or access to the Site and Services to users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. Please see the SportStream Copyright Policy www.SportStream.com/copyright for further information.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at feedback@SportStream.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of SportStream and you hereby irrevocably assign to SportStream and agree to irrevocably assign to SportStream all of your right, title, and interest in and to all Feedback, including without limitation, all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At SportStream’s request and expense, you will execute documents and take such further acts as SportStream may reasonably request to assist SportStream to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Interactions between Users

You are solely responsible for your interactions (including any disputes) with other users. You understand that SportStream does not in any way screen SportStream App Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other SportStream App Users. You agree to take reasonable precautions in all interactions with other SportStream App Users, particularly if you decide to communicate with SportStream App User offline or meet them in person. Your use of the Site, Services, SportStream Content, and any other content made available through the Site or Services is at your sole risk and discretion, and SportStream hereby disclaims any and all liability to you or any third party relating thereto. SportStream reserves the right to contact SportStream App Users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Use. You will cooperate fully with SportStream to investigate any suspected unlawful, fraudulent or improper activity via the Services.

General Prohibitions

You agree not to do any of the following while using the Site, Services or SportStream Content:

• Access, post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, including, but not limited to, in any Third Party Materials; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar, offensive, shocking or objectionable; (v) constitutes child pornography or child erotica; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual, group, class of people or characteristics of any person; (vii) is violent or threatening or promotes violence or actions that are threatening to any other person; or (viii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
• Use, display, mirror, frame or utilize framing techniques to enclose the Site or Services, or any individual element or materials within the Site or Services, SportStream’s name, any SportStream trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without SportStream’s express written consent;
• Access, tamper with, or use non-public areas of the Site or Services, SportStream’s computer systems, or the technical delivery systems of SportStream’s providers;
• Attempt to probe, scan, or test the vulnerability of any SportStream system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SportStream or any of SportStream’s providers or any other third party (including another user) to protect the Site, Services or SportStream Content;
• Attempt to access or search the Site, Services or SportStream Content or download SportStream Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by SportStream or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a SportStream trademark, logo URL or product name without SportStream’s express written consent;
• Use the Site, Services or SportStream Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or SportStream Content to send altered, deceptive or false source- identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or SportStream Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network connected to the Site or Services, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
• Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.

SportStream will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site and Services security issues, to the fullest extent of the law. SportStream may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use or the rights of any third party.

You acknowledge that SportStream has no obligation to monitor your access to or use of the Site, Services or SportStream Content or to review or edit any User Content or Third Party Materials, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. SportStream reserves the right, at any time and without prior notice, to remove or disable access to any SportStream Content, Third Party Materials, and any User Content, that SportStream, in its sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the Site or Services.

Sweepstakes and Contests

SportStream may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Site and Services. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Site and Service, as they may contain additional important information about SportStream rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Use, the terms and conditions of such Official Rules will control.

Termination

Without limiting other remedies, SportStream may at any time suspend, terminate, or refuse to provide you with access to the Site or Services. In addition, SportStream may notify authorities or take any actions it deems appropriate, without notice to you, if SportStream suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (a) failed to comply with any provision of these Terms of Use or any policies or rules established by SportStream; or (b) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, SportStream App Users, SportStream or any other third parties or the Site or Services.

Without limiting any other terms of these Terms of Use, you may stop using the Site and Services at any time.

After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. SportStream will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE SITE OR VIA THE SERVICES WILL NO LONGER BE ACCESSIBLE BY YOU VIA THE SERVICES.

Any suspension, termination or cancellation will not affect your obligations to SportStream under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive and do survive such suspension, termination or cancellation.

Disclaimers

THE SITE, SERVICES, SportStream CONTENT, THIRD PARTY MATERIALS AND USER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SportStream EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.SportStream MAKES NO WARRANTY THAT THE SITE, SERVICES, SportStream CONTENT, THIRD PARTY MATERIALS OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SportStream OR THROUGH THE SITE, SERVICES, SportStream CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify, and hold SportStream, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content, your access to or use of the Site, Services or SportStream Content, or your violation of these Terms of Use.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, INCLUDING THE SPORTSTREAM APPLICATION, AND CONTENT THEREIN REMAINS WITH YOU. NEITHER SPORTSTREAM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR SPORTSTREAM CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SPORTSTREAM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT SPORTSTREAM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS, THIRD PARTIES OR THIRD PARTY MATERIALS, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL SPORTSTREAM’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SPORTSTREAM AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names, and any other proprietary designations of SportStream used herein are trademarks or registered trademarks of SportStream. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Governing Law. These Terms of Use and your use of the Service shall be governed by the substantive laws of the State of California without reference to its choice or conflicts of law principles. All disputes arising between you and SportStream under these Terms of Use shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California, and you and SportStream hereby submit to the personal jurisdiction and venue of these courts.
Equitable Relief. You acknowledge that, in the event of a breach of these Terms of Use by SportStream or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against SportStream, including with respect to any User Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Use.

Claims. You and SportStream agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms of Use or the Site or the Services, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Entire Agreement

These Terms of Use constitute the entire and exclusive understanding and agreement between SportStream and you regarding the Site, Services and SportStream Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between SportStream and you regarding the Site, Services, and SportStream Content.

Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without SportStream’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. SportStream may freely assign these Terms of Use. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Notices

You consent to the use of: (a) electronic means to complete these Terms of Use and to deliver any notices or other communications permitted or required hereunder; and (b) electronic records to store information related to these Terms of Use or your use of the Site or Services. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given by SportStream (x) via email if applicable (in each case to the address that you provide); or (y) by posting to the Site or Services. For notices made by e-mail, the date of transmission will be deemed the date on which such notice is transmitted.

General

These Terms of Use represent the entire agreement between you and SportStream relating to the subject matter herein and supersede all previous communications, representations, understandings, and agreements, either oral or written, between you and SportStream with respect to the subject matter hereof. These Terms of Use shall not be modified except in a writing, signed by both parties, or by a change to these Terms of Use made by SportStream as authorized in these Terms of Use. The heading references used in these Terms of Use are for convenience purposes only, do not constitute a part of these Terms of Use, and shall not be deemed to limit or affect any of the provisions hereof. The failure of SportStream to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SportStream. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect. There are no third-party beneficiaries of these Terms of Use unless provided expressly by this agreement. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SportStream as a result of these Terms of Use or your use of the Site or the Services. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and SportStream other than pursuant to these Terms of Use.

Disclosure

The services hereunder are offered by SportStream, Inc., located at 88 1st Street, Suite 400, San Francisco, CA 94105. You may contact us by sending correspondence to the foregoing address or by emailing us at corporate@sportstream.com. If you are a California resident, you may have these Terms of Use mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms of Use.