Corporate

Big Ten Network, LLC Terms of Use Agreement

 
Effective as of October 12, 2009.
 
Welcome to the Big Ten Network web site http://www.bigtennetwork.com and its related websites (collectively or individually, the "Site") which is owned by Big Ten Network, LLC ("BTN" or "we" or "us"). This Site is operated by BTN and materials on the Site are primarily owned by BTN. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and BTN. The services offered on the Site include features, content, applications offered from time to time by BTN in connection with the Site, email newsletters, mobile text alerts, and emails with special offers, updates about the Site, contests and other offerings (collectively, the "Site Services"). The Site Services are hosted in the United States of America.

This Terms of Use ("Agreement") sets forth the legally binding terms for your use of the Site Services. By using the Site Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Site), a "Subscriber" (which means that you have subscribed to receive one or more newsletter or partner emails or BTN Mobile Alerts on your mobile phone), or a "Member" (which means that you have registered with BTN). The term "User" refers to a Visitor, a Subscriber or a Member. You are only authorized to use the Site Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Site and discontinue use of the Site Services immediately. If you wish to become a Member or a Subscriber and make use of the Site Services, you must read this Agreement and indicate your acceptance during the Registration process. If and when you register to become a Member of the Site, you agree to: (a) provide true, accurate, complete, and current information (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, BTN reserves the right to terminate your membership and/or your use of the Site and/or remove from the Site any User Content (as defined in Section 6 of this Agreement) provided by you. If and when you register to become a Subscriber, you agree to: (a) provide true, accurate, complete, and current information (such information being the "Subscriber Data") and (b) maintain and promptly update the Subscriber Data to keep it true, accurate, current, and complete. You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, BTN reserves the right to cancel your subscription. Note that additional terms may apply to BTN Mobile Alerts (see Section 14 of this Agreement).

This Agreement includes BTN's policy for acceptable use of the Site Services and Content posted on the Site, and your rights, obligations and restrictions regarding your use of the Site Services. In order to participate in certain Site Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise stated, or provided for, in the additional terms and conditions applicable to the Site Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

You may receive a copy of this Agreement by emailing us at webfans@bigtennetwork.com Subject: Terms of Use Agreement. BTN may modify this Agreement from time to time and such modification shall be effective upon posting by BTN on the Site. You agree to be bound to any changes to this Agreement when you use the Site Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

BTN reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Site Services at any time, for any or no reason, with or without prior notice, and without liability. BTN expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Site Services if BTN determines, in its sole discretion, that you pose a threat to BTN and/or its Users.

1. Eligibility. Use of, subscription to, and membership in the Site Services is void where prohibited. By using the Site Services, you represent and warrant that (a) all Registration Data and Subscription Data you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) if you are a Member or Subscriber, you are 13 years of age or older; and (d) your use of the Site Services does not violate any applicable law or regulation. Your Member profile may be deleted and your membership or subscription may be terminated without warning, if we believe that you are under 13 years of age.

2. Term. This Agreement shall remain in full force and effect while you use the Site Services or are a Subscriber or a Member. BTN may terminate your subscription or membership at any time, without warning. Even after subscription or membership is terminated, this Agreement will remain in effect, including without limitation Sections 5-20.

3. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify BTN immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

4. Non-commercial Use by Members. The Site Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by BTN. Illegal and/or unauthorized use of the Site Services, including, without limitation, collecting usernames and/or email addresses of Members or Subscribers by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Site Services.

5. Purchasing Site Products.

A. If and when you elect to purchase any service or products, including, without limitation: (i) a single Pay-Per-View game; (ii) a subscription to multiple Pay-Per-View games; or (iii) any products from the Big Ten Network shop (collectively, the "Site Product"), from the Site Services, ) you will be required to provide personal financial information such as credit card and billing information (such information being the "Personal Financial Information") to an independent third party company (or companies) selected by BTN. You acknowledge and agree that any Personal Financial Information you provide on the Site and all payment obligations for such Site Products shall be governed by the terms of service of the applicable independent third party company responsible for collecting, transmitting and/or processing your Personal Financial Information. You should review the terms of service of the applicable independent third party company prior to placing you order. You must be 13 years of age or older to submit Personal Financial Information on the Site, including to purchase a Site Product on the Site. Once you have accessed any particular Site Product, whether by downloading, streaming or otherwise, you will be deemed to have enjoyed the full benefit of the transaction, regardless of the extent of your viewing. You are responsible for any and all charges to your account.

B. If and when you elect to purchase a Site Product, you agree to: (a) provide true, accurate, complete, and current Personal Financial Information to the independent third party company; (b) maintain and promptly update Personal Financial Information to keep it true, accurate, current, and complete. In addition you acknowledge and agree that: (i) the terms of the independent third party company (or companies) selected by BTN to collect, transmit and/or process your Personal Financial Information shall apply to all Personal Financial Information; and (ii) you expressly consent that your online order for the Site Product will be fulfilled by the applicable independent third party company selected by BTN. You acknowledge and agree that in the event such independent third party company experiences a data breach that compromises or otherwise affects your Personal Financial Information BTN will in no way be responsible or liable to you for any such breach. You shall contact the applicable independent third party company regarding such any data breach.

BTN reserves the right to refuse the purchase of any Site Product if BTN determines the User to be unsuitable for such purchase.

6. Proprietary Rights in Content on the Site.

A. BTN does not claim any ownership rights in the text, files, images, photos, video, stills, audio, sounds, musical works, works of authorship, or any other materials (collectively "Content") that you may post to the Site Services (Content posted by any Member, "User Content"). After posting your User Content to the Site Services, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By displaying or publishing ("posting") any User Content on or through the Site Services, you hereby grant to BTN a royalty-free, unlimited and perpetual license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Site Services or otherwise.

B. You represent and warrant that: (i) you own the User Content posted by you on or through the Site Services or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of your User Content on or through the Site Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Site Services.

C. The Site Services contain Content of BTN or its licensors ("BTN Content"). BTN Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and BTN, BTN owns and retains all rights in the BTN Content and the Site Services. BTN hereby grants you a limited, revocable, nonsublicensable license to use the BTN Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Site Services. If you wish to reproduce or distribute any BTN Content found on this Site you may submit a request for permission to reproduce or distribute such BTN Content by contacting BTN in writing at:

1. For requests related to video content contact: Big Ten Network, LLC, c/o Fox Cable Networks, Business & Legal Affairs, 10201 West Pico Boulevard, Building 103, Los Angeles, California 90035.

2. For request related to all other content (including reprints of written content posted on the Site) contact: Big Ten Network, LLC, c/o Fox Cable Networks, Business & Legal Affairs, 10201 West Pico Boulevard, Building 103, Los Angeles, California 90035.

You are also strictly prohibited from creating works or materials (including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise) that derive from or are based on the materials contained on the Site or through the Site Services. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. The only exception to this policy is if BTN provides the material to Users of the Site solely as part of a contest or challenge, however, such works or materials and any derivative works created by any User as part of any such contest or challenge, and any copyright or other rights related thereto, will at all times remain the sole property of BTN.

D. Except for User Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on the Site or through the Site Services.

7. Content Posted.

A. BTN may delete any Content that in the sole judgment of BTN violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. BTN assumes no responsibility for monitoring the Site Services for inappropriate Content or conduct. If at any time BTN chooses, in its sole discretion, to monitor the Site Services, BTN nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

B. You are solely responsible for the Content that you post on or through any of the Site Services. BTN does not endorse and has no control over the Content. Content is not necessarily reviewed by BTN prior to posting and does not necessarily reflect the opinions or policies of BTN. BTN makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content.

8. Content/Activity Prohibited.

A. Please choose carefully the information you post on the Site and that you provide to other Users. Your Member profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter, including, without limitation, photographs, video and/or text. Despite this prohibition, information provided by other Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and BTN assumes no responsibility or liability for this material. If you become aware of misuse of the Site Services by any person (including, but not limited to, any of the items listed in this Section 8), please send an e-mail directly to webfans@bigtennetwork.com and include the nature of the misuse and include the URL of the related page in your e-mail.

B. The following, in addition to the Rules of Conduct, is only a partial list of the kind of Content that is illegal or prohibited to post on or through the Site Services. BTN reserves the right to investigate and take appropriate legal action against anyone who, in BTN's sole discretion, violates this provision, including without limitation, removing the offending communication from the Site Services and terminating the membership of such violators. "Prohibited Content" includes, but is not limited to the following types of Content that, in the sole discretion of BTN:

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

2. exploits people in a sexual or violent manner;

3. contains nudity, violence, or offensive subject matter or contains a link to an adult website;

4. solicits personal information from anyone under 18;

5. provides any telephone numbers, street addresses, last names, URLs or email addresses;

6. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

7. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

8. contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); or

9. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users.

C. The following, in addition to the Rules of Conduct, is a partial list of the kind of activity that is illegal or prohibited on the Site and through your use of the Site Services. BTN reserves the right to investigate and take appropriate legal action against anyone who, in BTN's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to any of the following activities:

1. spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets.

2. covering or obscuring the banner advertisements on your personal profile page, or any BTN page via HTML/CSS or any other means.

3. interfering with, disrupting, or creating an undue burden on the Site Services or the networks or services connected to the Site Services.

4. attempting to impersonate another User or person.

5. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account.

6. selling or otherwise transferring your profile.

7. using any information obtained from the Site Services in order to harass, abuse, or harm another person.

8. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on the Site or through the Site Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose.

9. using the Site Services in a manner inconsistent with any and all applicable laws and regulations.

D. With respect to the Site's video player(s), you must not modify, enhance, or otherwise alter in any way any portion of a video player or its underlying technology. This restriction includes disabling or otherwise modifying a video service in a manner that enables Users to view the Content without using the Site's video player(s). Also, you may not embed the Site's video player(s) on any website or other location that contains Prohibited Content.

9. Copyright Infringement. If you believe that any material contained in this Site, or any material or activity contained on a site to which BTN, by use of an information location tool, has referenced or linked, infringes your copyright, you should notify BTN of your copyright infringement claim in accordance with the procedure set forth below.

BTN will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is:

Copyright Agent
Big Ten Network, LLC
Email: BigTen.DMCA@fox.com
Subject Line: BTN DMCA

Telephone: (310) 369-7069
Fax: (310) 969-5660

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3) and §512(d)):

A. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

B. 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;

C. 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 the service provider to locate the material (or in the case of references or links that are claimed to have infringing material or activity, identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link);

D. Information reasonably sufficient to permit the service provider 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;

E. 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;

F. A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

E-mails sent to BigTen.DMCA@fox.com without the appropriate subject line or for purposes other than communication about copyright claims may not be acknowledged or responded to. BTN has a policy of terminating repeat infringers in appropriate circumstances.

10. Unsolicited Submissions. BTN does not knowingly accept, via this Site or otherwise, unsolicited submissions including, without limitation, submissions of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, ideas or concepts. BTN's policy is to simply delete any such submission without reading it or forwarding it to other BTN staff. Therefore, any similarity between an unsolicited submission and any elements in any BTN creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.

If unsolicited submissions are sent to BTN via this Site, however, such submissions become the property of BTN and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as BTN sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against BTN, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

11. Employment Opportunities. BTN may, from time to time, post BTN employment opportunities on the Site and/or invite Users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to BTN in response to employment listings, you are authorizing BTN to utilize this information for all lawful and legitimate hiring and employment purposes. BTN also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Site shall constitute a promise by BTN to contact, interview, hire or employ any individual who submits information to it, nor shall anything in this Agreement or contained in the Site constitute a promise that BTN will review any or all of the information submitted to it by Users of the Site.

12. BTN Newsletters. BTN delivers newsletters to its Subscribers on a variety of BTN programming. If you would like to subscribe to any of the newsletters BTN offers, please visit http://www.bigtennetwork.com/newsletter/. If you would like to change the e-mail address to which your BTN newsletters are delivered, please visit http://www.bigtennetwork.com/fans_first/ManageAccount.asp . If you would like to unsubscribe from any BTN newsletter, you may do so in any of the following ways: (i) by sending an e-mail with the word "Unsubscribe" in the subject line to webfans@bigtennetwork.com;] or (ii) by visiting http://www.bigtennetwork.com/fans_first/ManageAccount.asp and following the instructions referenced at the top of the page.

13. Sweepstakes and/or Contests. Sweepstakes, contests, games and other promotions run on the Site by BTN may require the User to provide some PII such as full name, address, e-mail address, and phone number, in order to participate. BTN may use a reputable third party to manage and administer some or all of its sweepstakes and/or contests. This third party may have access to some or all of the PII that is provided by the User in order to participate in the sweepstakes and/or contest. In those instances, the third party will be instructed by BTN to use the PII solely for the specific sweepstakes and/or contest related purpose for which it was requested, and in compliance with the Site's Privacy Policy. Most often this information is used only to select and contact winners of the sweepstakes and/or contests. Any other use of the PII by the third party is strictly prohibited. Our sweepstakes and/or contests are targeted to individuals 18 years of age and older, and individuals under 18 years of age are not eligible to participate unless specifically permitted by the official rules of the related sweepstakes or contest. BTN requires proof of age in order for an individual to collect any prizes awarded. Individuals may only be a prize winner once in any ninety (90) day period.

14. BTN Mobile Alerts.

A. Rules: Billing / Pricing: Subscribers will be required to provide PII when registering to receive BTN Mobile Alerts. You will only receive BTN Mobile Alerts when you subscribe/opt-in to receive the BTN Mobile Alerts by either texting "ALERTS" to the BTN short code 20284 or by registering on the Site. Standard/other text messaging and data rates apply according to your individual rate plan provided by your wireless carrier. Check with your wireless carrier or review the terms of your wireless plan for details. Under no circumstances will BTN, its parent or its corporate affiliates be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. You understand, acknowledge and agree that BTN may, at its sole discretion and without liability to you, terminate its offer of BTN Mobile Alerts at any time without advance notice.

B. Supported Carriers: The following carriers are supported using the 20284 short code: Alltel, AT&T Wireless, Sprint/Nextel, T-Mobile, US Cellular and Verizon Wireless. Pre-paid phones or calling plans may not be supported.

C. Frequency of Messages: You can unsubscribe/opt-out of receiving BTN Mobile Alerts through our SMS messaging service in the following ways: (i) reply with the text "STOP" to any BTN Mobile Alert you have already received or you can text "STOP" from your mobile to 20284; (ii) visit http://www.bigtennetwork.com/alerts/ and remove the check from the BTN Mobile Alerts box at the bottom of the page; or (iii) send an e-mail with the word "Unsubscribe" in the subject line to webfans@bigtennetwork.com. You will not receive any additional messages unless you have opted-in to a service requesting message updates. If your carrier does not permit text alerts, you may not receive the BTN Mobile Alerts.

D. Technical Support: To get help with the BTN Mobile Alerts only, please call our mobile vendor at 1-877-571-0774. From your mobile phone you can request our mobile vendor's contact information by texting "HELP" to 20284.

15. Member Disputes. You are solely responsible for your interactions with other BTN Members. BTN reserves the right, but has no obligation, to monitor disputes between you and other Members.
 
16. Privacy. Use of the Site Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

17. Jurisdictional Issues. BTN makes no representation that materials on the Site are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable.

18. Disclaimers. BTN is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Site Services, whether caused by Users of the Site Services or by any of the equipment or programming associated with or utilized in the Site Services. Profiles created and posted by Members on the Site may contain links to other websites. BTN is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by BTN. Inclusion of any linked website on the Site or the Site Services does not imply approval or endorsement of the linked website by BTN. When you access these third-party sites, whether or not sites operated by companies affiliated or connected with BTN, you do so at your own risk. When visiting any third-party sites you should refer to each such web site's individual "Terms of Service" and not rely on this Agreement in any way. BTN takes no responsibility for third party advertisements which are posted on this Site or through the Site Services, nor does it take any responsibility for the goods or services provided by its advertisers. BTN is not responsible for the conduct, whether online or offline, of any User of the Site Services. BTN assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. BTN is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site Services. Under no circumstances shall BTN be responsible for any loss or damage, including personal injury or death, resulting from use of the Site Services, attendance at a BTN event, from any Content posted on or through the Site Services, or from the conduct of any Users of the Site Services, whether online or offline. The Site Services are provided "AS-IS" and as available and BTN expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BTN cannot guarantee and does not promise any specific results from use of the Site Services.

19. Limitation on Liability. IN NO EVENT SHALL BTN AND/OR THE SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE SERVICES, EVEN IF BTN AND/OR THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF BTN AND/OR THE SITE TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BTN AND/OR THE SITE FOR THE SITE SERVICES DURING THE TERM OF MEMBERSHIP.

20. U.S. Export Controls. Software available in connection with the Site Services (the "Software") is further subject to United States of America export controls. No Software may be downloaded from the Site Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

21. Disputes. If there is any dispute about or involving the Site Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site.

22. Indemnity. You agree to indemnify and hold BTN, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your use of the Site Services in violation of this Agreement; (b) your breach of this Agreement; (c) any violation of the Rules of Conduct; or (d) any breach of your representations and warranties set forth above and/or if any Content that you post on the Site or through the Site Services causes BTN to be liable to another.

23. Other. This Agreement is accepted upon your use of the Site or any of the Site Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and BTN regarding the use of the Site Services. The failure of BTN to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

24. Copyrights © / Trademarks (TM). © 2007-2009 Big Ten Network, LLC. BTN-related trademarks are owned by BTN and its related entities or are used under license. All rights reserved. All BTN Content contained in the Site Services are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained herein are expressly prohibited except as may otherwise be allowed for in this Agreement.

Please contact us at: webfans@bigtennetwork.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
 

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