Turner Sports Interactive, Inc. (“TSII”) and The National Collegiate Athletic Association (“NCAA”), and their respective vendors and certain other organizations with which they have a business relationship (collectively referred to as the “Operator”) make available device applications and associated content offerings. “App” means a device application (including any upgrades thereto and any associated content), such as March Madness Live, offered by or on behalf of the Operator. This document includes the terms and conditions (the “Terms”) for your use of the App. By using the App, you agree to be bound by these Terms. If you cannot or do not agree to comply with these Terms, you may not use the App.
ACCESS TO LIVE GAME COVERAGE
“March Madness” means the 2015 NCAA Division I Men’s Basketball Championship. “Account” means your TV service provider (e.g., cable or satellite service provider) user account that you may use to log-in to the App.
In connection with the App, you may be required to log-in with your TV Account credentials to watch live March Madness games.
You agree that you are solely liable and responsible for all activities that occur under your Account. Operator is not responsible for your failure to comply with these Terms or any loss or damage arising out of, or related to, the use of your Account. You may not use the App for any unlawful purpose or for any purpose other than as expressly authorized herein. The Operator has the right, in its sole discretion, to refuse or restrict anyone from access to any or all of the App (or any part thereof) at any time for any reason or to refuse to permit you to use Account credentials for any reason.
You may only use the App on a device that you own or control and such right to use the App is limited, non-exclusive, non-sublicenseable and non-transferable. You may only conduct personal, non-commercial use of the App and you may not use the App in any manner that could damage, disable, overburden, or impair the Operator’s systems , nor in any manner that could interfere with any other party’s use or enjoyment of the App or of any other products or services offered by or on behalf of the Operator. The App is licensed to you, not sold. You acknowledge that Operator owns all rights, title, and interest in the App, including, without limitation, the content made available therein and all related intellectual property.
CHANGES TO AND DISCONTINUANCE OF APPLICATION
You agree that, to the maximum extent permitted by applicable law, the Operator may, at any time in its sole discretion, change, suspend or discontinue the App or any aspect thereof without liability. In addition, the Operator reserves the right to change these Terms for any reason, by posting such changes. You are responsible for reviewing these Terms for changes; changes to these Terms are effective when posted. By using the App after Operator has posted any changes in these Terms, you are agreeing to be bound by these Terms, as amended.
DISCLAIMER AND LIMITATION OF LIABILITY
YOU USE THE APP AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL TSII, TURNER BROADCASTING SYSTEM, INC., THE NCAA, AND THEIR RESPECTIVE AFFILIATES AND ANY OF THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, VENDORS, SUPPLIERS, MEMBERS AND/OR COLLABORATING COMPANIES OF THE FOREGOING (COLLECTIVELY, “OPERATOR PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH OR ARE IN ANY WAY RELATED TO THE APP.
THE AGGREGATE LIABILITY OF THE OPERATOR PARTIES FOR ANY REASON AND UPON ANY CAUSE OF ACTION, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP OR THESE TERMS SHALL NOT IN ANY EVENT EXCEED THE AMOUNT ACTUALLY RECEIVED BY TSII FROM YOU IN EXCHANGE FOR THE APP, IF ANY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) THE OPERATOR PARTIES SHALL NOT HAVE ANY LIABILITY FOR ANY DAMAGES WHATSOEVER FOR ANY REASON ARISING IN CONNECTION WITH THESE TERMS AND/OR THE APP, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THESE TERMS. (B) THE OPERATOR PARTIES HAVE NO LIABILITY FOR ANY DAMAGES OR INJURY CAUSED, IN WHOLE OR IN PART, BY CONTINGENCIES OR ISSUES BEYOND THEIR REASONABLE CONTROL. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF WHETHER (I) LIABILITY OR DAMAGE IS ALLEGED FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER THEORY OR CAUSE OF ACTION, AND/OR (II) THE PARTY AGAINST WHICH LIABILITY OR DAMAGES IS SOUGHT WAS ADVISED OF THE POSSIBILITY THEREOF. (C) REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE APP, OR ANY PART THEREOF, MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT SHALL BE FOREVER BARRED.
To the maximum extent permitted by applicable law, you shall defend (at the Operator’s election), indemnify and hold harmless each Operator Party from and against all claims, damages and expenses (including, but not limited to, attorneys’ fees, costs, judgments and settlements costs) that any Operator Party may incur or become subject to by reason of or arising out of the breach of these Terms and/or your use of the App.
ASSIGNMENT; SEVERABILITY; WAIVER
These Terms shall be binding on and inure to the benefit of the successors and assigns of the Operator. You may not assign, transfer or delegate any of your rights or obligations under these Terms, whether by operation of law or otherwise, and any such purported transfer shall be void. If any provision in these Terms is invalid or unenforceable, the remaining provisions will continue in full force. The Operator’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver. A waiver by the Operator of any right hereunder shall not be deemed as a waiver of such right in any subsequent instance.
THIRD-PARTY DEVICES AND SERVICES
The App may operate in connection with various products and services provided by third parties. Without limiting the generality of the foregoing disclaimers and limitations of liability, you acknowledge that Operator does not control such third parties or their products or services and that Operator is not responsible for such third parties or their products or services. Without limiting the generality of the foregoing, if the App facilitates your interaction with a third-party website (e.g., social media site), terms and conditions published by the applicable third-party website operator will apply to interaction with the third party’s website.
TERMS RELATED TO WINDOWS
The following terms apply to the extent you use a Windows device (e.g., Windows 8.1).
You acknowledge that these Terms are concluded between you and the Operator, and not with Microsoft, and that Microsoft does not have any responsibility for the App or the content thereof. You acknowledge that neither the Operator nor Microsoft shall have any obligation whatsoever to furnish any maintenance or support services with respect to the App.
Without limiting the Disclaimers and Limitations of Liability set forth above, to the maximum extent permitted by applicable law, (i) Microsoft give no express warranties, guarantees, or conditions in relation to the App; (ii) You may have additional consumer rights under your local laws that these Terms cannot change; and (iii) MICROSOFT EXCLUDES AND DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS.
Turner Sports Interactive, Inc. 1015 Techwood Dr., Atlanta, GA