Terms of Use - NESN.com

NESN Terms of Use

NESN provides this NESN Website and related services for your personal noncommercial use only and subject to your compliance with this Terms of Use Agreement (the “Agreement”). Please read these Terms of Use carefully before using this site or its related services. By using this site, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this site. New England Sports Network LP (“NESN”) reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. By using this site after notice of such changes is posted, you agree to be bound by the modifications, alterations or updates.

PRIVACY

NESN respects the privacy of the visitors to this site. To see our Privacy Policy, which is incorporated into these Terms of Use by reference, view this page http://nesn.com/privacy-policy/.

CONTENT NOTICE

Some parts of this NESN Website may contain adult content intended for people who are at least eighteen (18) years old. By viewing this adult content, you are representing that you are at least 18 years old and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the NESN Website content.

TRADEMARKS, COPYRIGHTS, AND RESTRICTIONS

This site is controlled and operated by the New England Sports Network (“NESN”). All material on this site, including, but not limited to images, photographs, characters, names, graphics, logos, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other rights which are owned and/or controlled by NESN, or its affiliates, or by other parties that have licensed their material to NESN. You may use material from this site and other sites controlled by NESN only for your own personal, non-commercial use. Unauthorized modification of the materials or use of the materials for any other purpose is a violation of the Federal copyright and trademark laws and other proprietary rights. Content from this site or related services may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without NESN’s prior written authorization. The use of any such content on any other Website or networked computer environment or in connection with any other service, unless expressly authorized in advance by NESN in writing, is prohibited.

LICENSE TO NESN

By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting NESN a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction.

ELECTRONIC NEWSLETTER

With the exception of any information sent to NESN in connection with your participation in NESN Texts (defined below), by submitting your contact information to NESN, you consent to NESN’s use of your name, address, mobile or telephone number, date of birth or your e-mail address to send you information regarding products, services, promotions, special events or programming, or as an entry to a contest or sweepstakes, to provide to third-parties, or to contact you.

You may opt-out of receiving such communications at any time by visiting our Website at http://nesn.com and following the directions under the “Unsubscribe” link. If you wish to unsubscribe from NESN.com’s newsletter, please click the unsubscribe link here. If your email address is received by NESN as a third-party email address by one of our patrons, for example, by using a tell-a-friend page, you may receive an email at the request and direction of that patron via the automatic technical process, even though you may have previously indicated that you do not want to receive email from us. Instructions for opting out of NESN Texts are set out below.

LINKED SITES

This site and related services (including, without limitation, NESN Texts) may contain links to third party websites on the Internet (“Linked Sites”). Linked Sites are operated subject to their own terms of use. NESN is not responsible for the content of any Linked Site. The links to these sites are for your convenience only, and you access them at your own risk.

E-MAIL, BULLETIN BOARDS, AND OTHER SUBMISSIONS

Any notes, messages, e-mails, billboard postings, ideas, suggestions, concepts or other material submitted will become the property of NESN and NESN shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to NESN’s Website, you agree that NESN has the right to publish the material for any type of use, including promotional and advertising purposes.

NESN is not responsible for any material posted on our forums. NESN reserves the right to edit or delete material submitted to the forums, but does not assume any obligation to do so. You agree that you will not submit or otherwise publish through our forums any content which: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including, but not limited to, violating anyone’s copyrights or trademarks; (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services.

You agree to indemnify NESN and its officers, directors, employees, agents, distributors, and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of any of the agreements, representations, and warranties set forth in these Terms of Use.

SMS/MMS MESSAGE PROGRAMS

The following terms apply to everyone who signs up to receive SMS or MMS messages from or on behalf of NESN (collectively, “NESN Texts”). Notwithstanding anything to the contrary in these Terms of Use (including, without limitation, any condition set forth in the first paragraph above), your agreement to receive a NESN Text is not a condition of purchasing any good or service.

Message and Data Rates May Apply – Your Carrier May Charge You For NESN Texts: We will not charge you a fee for NESN Texts; however, depending on your messaging plan, your mobile carrier may charge you for each NESN Text we send to you or any message that you send to us. It is your responsibility to consult your mobile carrier and review your text messaging and data plan to determine whether you will be charged any messaging fees or incur any related costs (for instance, if you do not have an unlimited texting plan, or have exceeded your monthly quota of free messages). We assume no responsibility for charges or costs incurred by you in connection with your participation in any NESN messaging program or receipt of any NESN Text in connection therewith.

DISCLAIMER

CONTENT ON THIS SITE OR RELATED SERVICES (INCLUDING, WITHOUT LIMITATION, ANY NESN TEXT) IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NESN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NESN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THIS SITE OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT NESN OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NESN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON NESN’S WEBSITE OR RELATED SERVICES IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT NESN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE CONTENT THAT YOU READ ON THIS SITE OR VIA RELATED SERVICES IS PROVIDED SOLELY FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES.

THE INFORMATION AND OPINIONS EXPRESSED IN BULLETIN BOARDS, CHAT ROOMS, OR OTHER FORUMS CONDUCTED ON THIS SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF NESN OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS, AND NESN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THAT INFORMATION OR THOSE OPINIONS.

NEITHER NESN NOR ANY OF ITS AFFILIATED OR RELATED ENTITIES OR ITS CONTENT PROVIDERS ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY CONTENT, INFORMATION OR OPINIONS PROVIDED ON THE WEBSITE OR VIA RELATED SERVICES (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH CONTENT, INFORMATION OR OPINIONS OR TO WHOM SUCH CONTENT, INFORMATION OR OPINIONS MAY BE FURNISHED).

JURISDICTIONAL ISSUES

Unless otherwise specified, the content in the NESN Website or related services is presented solely for the purpose of entertainment and promoting programs, events, products, and services available worldwide. This site and the related services are controlled and operated by NESN from its offices within the United States. NESN makes no representation that NESN’s Website, any related services or any content thereon or provided therewith is appropriate or available for use in all locations throughout the world. Those who choose to access this site or related services from locations outside of the United States do so on their own initiative and at their own risk, and are responsible for compliance with all applicable local laws.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or NESN bring to enforce these Terms of Use or, in connection with, any matters related to this site or related services shall be brought only in either the state or Federal courts located in Massachusetts, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use and the Privacy Policy incorporated herein, together with any additional terms agreed between NESN and you from time to time, constitute the entire agreement between us relating to the matters contained herein and shall not be modified except in writing, signed by NESN.

INTELLECTUAL PROPERTY NOTICES

This Website is owned and operated by New England Sports Network LP (“NESN”). The content on this Website is protected by copyright, trademark and other intellectual property laws.

You may use content from this site, other sites controlled by NESN or related services only for your own personal, non-commercial use. Unauthorized modification of such content or use of such content for any other purpose is a violation of the Federal copyright and trademark laws and NESN’s proprietary rights. Content from this site or from related services may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written authorization of NESN. The use of any such content on any other website or networked computer environment, or in connection with any other services, unless authorized in advance by NESN in writing, is prohibited.

COPYRIGHT NOTICE

© 2020 New England Sports Network. All Rights Reserved. All photos © 2020 Associated Press and NBA photos © 2020 Getty Images unless indicated. Any commercial use or distribution without the express written consent of Associated Press is strictly prohibited. All sports statistics © 2020 STATS LLC unless indicated. Any commercial use or distribution without the express written consent of STATS LLC is strictly prohibited.

TRADEMARKS

NESN, NESN.com, the NESN name and all associated logos are trademarks of NESN and may not be used without written permission.

All other trademarks appearing on the NESN Website are the property of their respective owners.

COPYRIGHT INFRINGEMENT

NESN respects the intellectual property rights of others and is committed to complying with U.S. copyright laws. If you believe that your work has been copied in a manner that constitutes copyright infringement, please provide notice through the following procedure.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING NEW ENGLAND SPORTS NETWORK LP (“NESN”) THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.

Written notification must be submitted to the following Designated Agent:

Service Provider: NESN
Name of Agent Designated to Receive Notification of Claimed Infringement: NESN PR
Full Address of Designated Agent to Which Notification Should be Sent: 480 Arsenal St. Bldg 1, Watertown MA 02472
Telephone Number of Designated Agent: 617-536-9233
Facsimile Number of Designated Agent: 617-536-7814
Email Address of Designated Agent: online@nesn.com

To be effective, the Notification must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit NESN to locate the material;
4. Information reasonably sufficient to permit NESN to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized.

Upon receipt of the written Notification containing the information as outlined in 1 through 6 above, NESN shall take reasonable steps including promptly notifying and forwarding the written notification to such alleged infringer.

Counter Notification by Alleged Infringer: To be effective, a Counter Notification must be a written communication provided to NESN’s Designated Agent that includes substantially the following:

1. A physical or electronic signature of the alleged infringer;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
4. The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which NESN may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.