247 Sports Terms of Use

EFFECTIVE DATE: November 16, 2018


INTRODUCTION

Welcome to CBS Interactive Inc.'s 247Sports website (the “247Sports Site”) one of the network of interactive websites and services provided by CBS Interactive Inc. (“CBSi”). These 247Sports Site Terms of Use (“247Sports Terms”), along with CBSi's: Privacy PolicyTerms of Use, Mobile Application End User License AgreementVideo Services and Social Networking Policy (collectively, the “Terms”) which are incorporated into these 247 Sports Terms by reference, govern your use of this 247Sports Site, and any other websites and their applications, products and services offered by CBSi or its affiliates that include a link to the Terms (collectively, the “Services“).

These 247Sports 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. By using and/or accessing the 247Sports 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 (collectively, the “Content”) you accept and consent to the terms and conditions of the Terms, including these 247Sports Terms, and agree to be legally bound by them. If you have not reviewed any of the Terms, including, these 247Sports Terms applicable to the Services since the Effective Date, please review them carefully before using the Services, as these affect your rights. We may change the Terms, including these 247Sports Terms, in the future, so we encourage you to review periodically the Terms, including these 247Sports Terms, applicable to the Services you use. The most current version of the applicable Terms (along with its effective date), including these 247Sports 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 247Sports 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 247Sports Terms, your continued use constitutes your acceptance to all changes.

Certain Services are provided to you free-of-charge, while other Services, including, without limitation, the Premium Subscription (the “Premium Subscription”) require payment before you can access them. If you choose to subscribe to the Premium Subscription, please review the provisions of the Premium Subscription below, in addition to all of the other provisions of the Terms, including these 247Sports Terms. If you are not a subscriber to the Premium Subscription, then the Premium Subscription Section does not apply to you. References to Services throughout the Terms include the Premium Subscription.

Your use of the 247Sports Site, the Services (including, without limitation, the Premium Subscription) 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 including the 247 Sports Terms, you should not use the 247Sports Site, the Services, and/or the Content.

The 247Sports Site currently provides users with various features and services, including statistical review, articles, photo galleries, video, message boards and rankings and other interactive and non-interactive features, all of which may be updated, deleted, or otherwise modified from time to time at the discretion of CBSi. In some instances, both the Terms, including these 247Sports Terms, and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the 247Sports Site, or to a service or product offered via the 247Sports Site (in each such instance, and collectively, “Additional Terms”). To the extent there is a conflict between the Terms, including the 247 Sports Terms, and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

CBSi assumes no responsibility in connection with your use of the 247Sports Site, the Services, or the Content. The 247Sports Site, the Services (including, without limitation, the Premium Subscription), 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 247SPORTS SITE, THE SERVICES (INCLUDING WITHOUT LIMITATION, THE PREMIUM SUBSCRIPTION), ANDTHE 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 or the 247 Sports Site, including fantasy game and/or e-Sports 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 and the 247Sports Site, 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.

DISCLAIMERS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE 247SPORTS SITE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE PREMIUM SUBSCRIPTION), THE CONTENT AND ANY MESSAGE (DEFINED BELOW) IS AT YOUR SOLE RISK. THE 247SPORTS SITE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE PREMIUM SUBSCRIPTION) 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.
  2. CBSi MAKES NO WARRANTY THAT THE 247SPORTS SITE, SERVICES (INCLUDING, WITHOUT LIMITATION, THE PREMIUM SUBSCRIPTION) OR THE CONTENT (INCLUDING ANY MESSAGE): (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE WILL BE ACCURATE OR RELIABLE, (iv) QUALITY WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OPERATING ON THE 247SPORTS SITE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 247SPORTS SITE OR THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE PREMIUM SUBSCRIPTION AND CONTENT(INCLUDING ANY MESSAGE IS DONE AT YOUR OWN DISCRETION AND RISK AND 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.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE 247SPORTS SITE OR THROUGH OR FROM THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE PREMIUM SUBSCRIPTION) 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 INCORRECT INFORMATION OR FOR ANY LOSSES YOU INCUR FROM YOUR USE OF THE CONTENT (INCLUDING ANY MESSAGE) PROVIDED ON THE SERVICES.
  5. 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.

USER MESSAGES

  1. With respect to any messages, information, data, graphics, photographs, images, creative ideas, statistics, advice, predictions, concepts, know-how, techniques, suggestions or improvements or other content that you transmit, submit, post or upload to the 247Sports Site and/or in connection with any of the Services (each, a “Message”), you are, by transmitting or uploading such Message, granting CBSi a perpetual, royalty-free, sub-licensable, non-exclusive, worldwide and irrevocable right (but not the obligation) and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, and distribute such Message for any purpose, in any form and via any media now known or later developed. This license is granted automatically, and no payment of any kind will be due to you. At times, CBSi may solicit Messages from users; your provision of any such Messages in response to a solicitation by CBSi shall be subject to the grant of a license specified above. Messages shall also be considered “User Submissions” as such term is defined in Section 6 of CBSi's: Terms of Use.
  2. When users post Messages to the 247Sports Site or any of the Services, CBSi shall have the right, but not the obligation, to review, edit or delete such Messages for any reason, at CBSi's sole and exclusive 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 247Sports 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.
  3. 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 247Sports Terms; (c) respond to claims that any Message violates the rights of third-parties; and/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 PREMIUM SUBSCRIPTION TERMS

These 247Sports Terms, Premium Subscription Section, contain additional provisions that apply if you subscribe to the Premium Subscription. The Premium Subscription requires payment before you can access it. If you choose to subscribe to the Premium Subscription, please review this Section. References to Services throughout the Terms include the Premium Subscription.

  1. To subscribe to the Premium Subscription, you will first need to be a registered user of the 247Sports Site. Once registered you may access the subscription page of the Premium Subscription found at https://secure.247sports.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 CBSi of changes to your payment information when applicable. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit/debit cards. Subject to compliance with the terms and conditions set forth in the Terms, including the 247 Sports Terms, during the term of your Premium Subscription , a user who has purchased and paid for a Premium Subscription will have a limited, revocable, non-transferable and non-exclusive personal license 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 user's designated devices at any one time. User must use their username and password to access the Premium Subscription Content.
  2. User shall: (a) be responsible for the security and/or use of his/her username and password; (b) not disclose that information to any person or entity; (c) not permit any other person or entity to use his/her username or password; and (d) use his/her Premium Subscription in accordance with the terms and conditions of the Terms, including the 247 Sports Terms. CBSi reserves the right to deny, suspend or revoke access to the Premium Subscription Content, in whole or in part, if CBSi believes a user is in breach of the Terms, including the 247 Sports Terms, or is otherwise using or accessing the Premium Subscription Content in a manner inconsistent with the terms and conditions of these 247 Sports Terms. Users acknowledge and agree that CBSi is providing access to and use of the 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 Premium Subscription, including information concerning your credit card or other available payment method (“Payment Method”), on the 247Sports 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.
  3. Users 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 the Premium Subscription. By subscribing to the Premium Subscription, 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 Premium Subscription, you may be exposed to Content that you find objectionable. It is your sole responsibility to determine whether the Content in the Premium Subscription is suitable for you.
  4. AUTOMATIC RENEWAL BILLING TERMS: By providing Payment Method information for your Premium Subscription, you are agreeing to pay a subscription fee, that will automatically renew and be charged to your Payment Method at the subscription rate you subscribed with, unless you unsubscribe as specified herein, and any applicable taxes and service fees (“Fees”) in connection with your use of the Premium Subscription. 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 Premium Subscription or your account, or the Premium Subscription is suspended or terminated pursuant to the Terms, including the 247 Sports 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 or as otherwise agreed to by you and us (for example if you change your subscription from monthly to annual). The rate for the renewal subscription period will be the rate at which you started your subscription. 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 the Premium Subscription at any time. In the event of a price change, CBSi will post the new pricing in the 247Sports Site and attempt to notify you in advance by sending an email to the address you registered with (or subsequently changed) for your account. You agree that by providing you with notice through an electronic communication from us and via all agreements, notices, disclosures, and other communications that we provide to you electronically, CBSi satisfies any legal requirement that such communications be in writing. If you do not wish to accept a price change, you may cancel your Premium 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. IF YOU ACCESS THE SERVICES VIA A WIRELESS DEVICE, YOU MAY BE CHARGED MESSAGE AND/OR DATA RATES IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF YOUR SERVICE AGREEMENT WITH YOUR WIRELESS CARRIER. YOU SHOULD CONTACT YOUR WIRELESS CARRIER FOR POSSIBLE CHARGES RELATING TO YOUR USE OF THE SERVICES.

  5. As described further below, even if you cancel your subscription to the Premium Subscription 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.
  6. You can cancel your subscription to the Premium Subscription at any time by contacting CBSi by telephone at 1-888-508-3055 or by sending an email to support@247sports.com. If you cancel your subscription, the cancellation will go into effect at the end of the then-current subscription period. You will have continued access to your Premium Subscription Services for the remainder of your then-current paid subscription period, but YOU WILL NOT RECEIVE A REFUND OF ANY FEES PAID. You must cancel your then-current subscription before it renews for the next subscription period to avoid paying the Fees for the next subscription period. After cancellation of your subscription, you will continue to owe any accrued amounts due under these 247Sports Terms and not yet paid. You acknowledge and agree that cancellation of your subscription is your sole recourse if you have any dissatisfaction, issue or concern related to the Premium Subscription, the Services, the 247 Site, its Content or features or these 247Sports Terms, including Fees, applicable taxes, or billing methods; the selection of Content available to you through the Premium Subscription; these 247Sports Terms, the Terms, including, without limitation, the CBSi Privacy Policy (http://legalterms.cbsinteractive.com/), or any changes thereto; or any other of the Premium Subscription policies or practices.
  7. 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 Premium Subscription, 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 the Premium Subscription and/or the 247Sports Terms for any reason, user's access to, and use of, the Content will terminate.
  8. 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. Any promotional codes obtained through unlawful or unauthorized means shall be deemed null and void.
  9. CBSi reserves the right to update and change the Premium Subscription, including its features and the selection of Content available in the Premium Subscription, at any time. In addition, CBSi reserves the right to test various aspects of the Premium Subscription. 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. In the event of material changes to the Premium Subscription CBSi will post notice in the 247Sports Site.
  10. As part of the Premium Subscription, CBSi may send you emails regarding the Content or the Premium Subscription from time to time. You agree that CBSi may send you these types of emails to the email address that you provided when registering. Because these emails are necessary for you to receive the Premium Subscription, 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 Premium Subscription at any time as provided in these 247Sports Terms.