Terms and Conditions for Service

PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE STREAMING SUBSCRIPTION SERVICES, OR BY CHECKING THE “I ACCEPT THE TERMS & CONDITIONS AND PRIVACY POLICY” BOX LOCATED ON THE ONLINE ORDER FORM, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS AND CONDITIONS AND DISCLAIMERS SET OUT IN THIS AGREEMENT, AS MAY BE AMENDED BY VISAIC FROM TIME TO TIME.

GENERAL

The Black Bear Sports Group, Inc.’s Streaming Subscription Service (the “Service”) offered through the website found at

www.blackbearsports.tv

(the “Site”, further defined below), is made available by the Visaic Platform operated by Visaic, Inc. (“Visaic”) in cooperation with Black Bear Sports Group, Inc. (“BBSG”). Visaic provides streaming platform services that enables content providers to deliver audio visual sports and entertainment content over the internet to certain internet connected devices such as PCs, mobile phones, tablets, and connected TVs.

DESCRIPTION OF SERVICE

The Service enables website visitors to subscribe to watch live and on-demand streaming of select BBSG events (“Premium Content”) on the website found at http://www.blackbearsports.tv (the “Site”). The Site provides access to BBSG sports content, including live and recorded events, and schedules, and other general website content made available by BBSG. To access Premium Content offered through the Service, the user must subscribe to the Site and complete an order form (the “Order”), and accept these Terms and Conditions for Service and related Privacy Policy.

FEES & PAYMENT TERMS

Access to Premium Content requires a subscription or pay-per-view access fee. Registered users are able to access Premium Content by (i) paying a subscription fee to access certain Premium Content season packages for the applicable time period (“Subscription Fee”); or (ii) paying a separate fee to access certain live or recorded Premium Content for a designated time period or other package. The current Order fees (the “Charges”) applicable to the Service are located at http://www.blackbearsports.tv/packages. The Charges applicable for the Service together with all applicable taxes will be billed automatically to the credit card (the “Account Credit Card”) you designated during the Order process or subsequently designated to access the Site. You warrant that you are the cardholder of the Account Credit Card and the relevant information required for processing charges is valid at all times. You must notify us of any change of address or other relevant information in a timely fashion. If the Account Credit Card expires, you must notify us of the new expiration date before the previous expiration date has passed. We reserve the right to levy an administration fee for any credit card transaction that fails. If you want to designate a different credit card or if there is a change to the existing Account Credit Card, please advise us by emailing [email protected]. You agree to pay all Charges incurred in connection with your use of the Service through your Order, including any applicable taxes any administration fees if your credit card transaction fails, at the rates in effect when said Charges, taxes and fees were incurred. All Charges are non-refundable.
You understand that payment will be processed by Visaic and that www.blackbearsports.tv is the name that will appear on my transaction record.\

Please note that Charges do not include any applicable fees or charges incurred to access, or to receive alerts or other information from the Site or the Service, through an Internet, wireless or other third-party service provider. Accounts will remain active for the period specified in the Order. Refunds will not be given for partial periods. Accounts may be terminated by emailing [email protected] and providing your name and account login.

WITHOUT LIMITING THE FOREGOING, ALL SALES ARE FINAL. NO REFUNDS OR ALLOWANCES WILL BE GIVEN FOR ANY REASON.

TECHNICAL REQUIREMENTS

You are responsible for all hardware, software and internet connectivity necessary to access the Service. We will use reasonable measures to ensure that the Service is available at all times, however, the Service is provided on an "as is" basis. The quality of the display of the streaming of sport events may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. At certain venues the video and technical requirements associated with producing the streams may be provided by student or volunteer personnel. We, including Visaic and BBSG, will not have any liability to you for the cancellation or abandonment of any event or the failure to show an event as scheduled, nor in the circumstance where you are unable to watch any event on a specific platform device. Certain software used to deliver the Service may vary by device and medium, and functionalities may also differ between devices. You acknowledge that the use of the Service may require third party software that is subject to third party licenses that you may be required to obtain and/or comply with.

CONTENT USAGE RESTRICTIONS

The Service and the Content (including any and all Clips) are for your personal non-commercial use, entertainment, and enjoyment. You may not reproduce, duplicate, copy, translate, broadcast, publicly display, sell, transmit, retransmit, license, sub-license, publish, or modify the Service or the Content, in whole or in part, without the prior written consent of the copyright holder, and/or Visaic and BBSG.
You agree that your access to the Premium Content is restricted to simultaneous access on two (2) or fewer distinct devices at one time and we reserve the right to force a log off for your account or restrict login access in the event we determine at any time, in our sole discretion, that your account has been simultaneously logged into on more distinct devices than permitted.

CLIPS

The Service may be provisioned with a highlight clipping interface or tool whereby end users, such as yourself, can segment an audio/video clip (e.g., up to three [3] minutes in length) of BBSG Content that is being viewed, and download it to your devices and/or share it to social media or others (“Clip”).

You are responsible for any Clips that you use, post and/or share to social media or others.
Under no circumstances will Visaic or BBSG be liable in any way for any Clips that you use, post, and/or share to social media or others.

This means that you, not BBSG or Visaic, are entirely responsible for all Clips that you use and/or post and/or share to social media or others,
and that you can be held personally liable for posting any Clips if they are defamatory, obscene, or libelous, or that violate these Terms and Conditions for Service, an obligation of confidentiality, or the rights of others. It is your responsibility to obtain any necessary permission to post any Clips, including without limitation any Clip that is edited, used, posted and/or shared to social media or others for commercial or other purposes.

Because we do not control the Clips generated through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of those Clips. We have no responsibility for any Clips, including without limitation any rights clearances, errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any Clips you use, edited, posted, emailed, transmitted or otherwise made available via social media or to others.

By using this Site, you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize Clips you post (to the extent you obtain any rights therein) in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same.
For this reason, we ask that you not post any Clips that you do not wish to license to us.

We may disclose and/or remove and/or require you to remove any and all Clips you created and/or shared in social channels or elsewhere. We have the right (but do not assume the obligation) to:

monitor all Clips;
require that you avoid certain subjects;
remove or block any Clips at any time without notice at our sole and absolute discretion;
disclose any Clips and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of BBSG, Visaic, or others, or to enforce these Terms and Conditions of Service; and
terminate your access to and use of this Site, or to modify, edit or block your transmissions thereto or therefrom in our sole discretion.

You agree that our exercise of such discretion shall not render us the owners of Clips you post, nor shall it constitute a grant of any rights to you to edit, use, post, share and/or otherwise distribute such Clips, in whole or in part or in any way.

By posting any Clips, you represent and warrant that you have read and understood—and your Clips fully comply with—these Terms and Conditions for Service and applicable laws and will not cause injury or harm to any person or entity.

REMOVAL OF CONTENT

You can seek removal of objectionable Clips by contacting us using the information provided below.
We will review all such requests and will remove Clips for the Site that we determine should be removed, in our sole discretion and in accordance with these Terms and Conditions for Service and applicable law. Please be aware, however, that if the Clip has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the Clip we remove from this Site may remain on back-up servers.

Neither BBSG nor Visaic knowingly violates or permits others to violate the copyrights of others.
We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify us immediately.
Your notice must be in writing and must include:

an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);
your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Your statement must be addressed and sent to: [email protected]

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

YOUR FEEDBACK

The Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

YOUR OBLIGATIONS

In consideration of your use of this Site, you agree that to the extent you provide personal information to BBSG and/or Visaic, it will be true, accurate, current, and complete and that you will update all personal information as necessary.

To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account.

You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited.

USE OF YOUR PERSONAL INFORMATION

We use your personal information to operate, provide, develop, and improve the services that we offer our customers. These purposes include:

Purchase and delivery of Service. We use your personal information to take and handle your orders, deliver the Service, process your payments, and communicate with you about your orders, the Service, and promotional and other marketing offers.
Provide, troubleshoot, and improve the Service. We use your personal information to provide functionality, analyze performance, fix errors, and improve the usability and effectiveness of the Service.
Recommendations and personalization. We use your personal information to recommend features, products, and services that might be of interest to you, identify your preferences, and personalize your experience with our services.
Communicate with you. We use your personal information to communicate with you in relation to the Service via different channels (e.g., by phone, email, chat).
Advertising. We use your personal information to display interest-based ads for features, products, and services that might be of interest to you. We do not use information that personally identifies you to display interest-based ads.

TERMINATION OF SERVICE

Visaic reserves the right to terminate your Order and your access to the Site and Premium Service and use of any Clips at any time and for any reason, including without limitation, if the Account Credit Card is invalid for any reason, if Visaic does not timely receive payment, if a password is shared, or where Visaic has determined, in its sole discretion, that use of the Service by you is, or was in breach of these Terms and Conditions for Service, or is otherwise unlawful, misleading, defamatory, fraudulent, or infringes or violates someone else’s rights, including their intellectual property rights (such as by infringing another’s copyright or trademark), or rights of privacy, or publicity. Any such termination by Visaic shall be in addition to and without prejudice to such rights and remedies as may be available to Visaic and/or BBSG, including injunction and other equitable remedies. Visaic’s lack of terminating your Order or access to the Site, Premium Service and/or use of any Clips shall not be construed as giving you the lawful right to use the Site, Premium Service and/or Clips, all of which are subject to third party rights and applicable law.
The disclaimer, limitations on liability, and indemnity provisions shall survive termination or expiry of your order and this Agreement.

DISCLAIMERS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EACH OF VISAIC AND BBSG, AND THEIR RESPECTIVE AGENTS, SUBSIDIARIES, REPRESENTATIVES, CONTRACTORS, AND LICENSORS, AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE "VISAIC/BBSG") DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED (COLLECTIVELY THE "WARRANTIES"), AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES, OR COMPLETENESS, AS WELL AS ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. FURTHER, THE VISAIC/BBSG DOES NOT WARRANT THAT THE SITE, THE SERVICE OR THE CONTENT WILL CONTINUE TO OPERATE OR OTHERWISE OPERATE WITHOUT INTERRUPTION OR OTHERWISE IN A TIMELY, SECURE, OR ERROR-FREE MANNER, OR THAT THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ANY OF THE VISAIC/BBSG (INCLUDING EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE (JOINTLY OR SEVERALLY) FOR ANY CLAIM, LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOSS OR USE OF INFORMATION (INCLUDING PERSONAL INFORMATION) OR DATA, PROFITS, SAVINGS, REVENUE, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING FROM, OR IN ANY WAY CONNECTED WITH THE SITE, THE SERVICE, OR ANY OF THE CONTENT, OR FOR ANY CREATION OR USE OF ANY CLIPS (INCLUDING THE PERFORMANCE, USE OF, OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS SAME), REGARDLESS OF WHETHER ANYONE IN THE VISIAC/BBSG HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH CLAIM, DAMAGE OR LOSS.

THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, BREACH OF WARRANTY, CIVIL LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL ANY AND ALL OF THE VISAIC/BBSG'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT PAID TO VISAIC BY YOU FOR THE SERVICE.

CERTAIN SERVICES ARE PROVIDED THROUGH NETWORKS AND FACILITIES, INCLUDING THE PUBLIC TELEPHONE AND/OR INTERNET NETWORK, THAT ARE NOT UNDER THE CONTROL OF VISAIC OR BBSG. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL ANY OF THE VISAIC/BBSG BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF THE SITE, SERVICES OR CONTENT RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS/THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS,

\FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, VIRUSES, INFECTIONS, PANDEMICS, OR ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS.

You acknowledge and agree that the Service may be temporarily unavailable as a result of disruptions as described above. While we make every reasonable effort to minimize such downtime, we cannot guarantee the 100% availability of the Service. Accordingly, if you are dissatisfied with the Service for any reason, your sole and exclusive remedy is to discontinue use of the Service in accordance with these Terms and Conditions for Service. You expressly acknowledge that we have set the Charges for the Service under this Agreement, and we have and will make the Service available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and us. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this Agreement.

REFUNDS

You are responsible for testing your system to ensure that you have adequate bandwidth and processing power on your device to view the content. We will use our reasonable endeavors to ensure that the Service is available to you. However, the Service is provided on an "as is" basis. We will not have any liability to you for the cancellation or abandonment of any event or the failure to show any event as scheduled, nor where you are unable to watch an event on any specific platform device not officially supported by the Service. Refunds are not granted as a result of end user connectivity and computer issues or for poor production feeds delivered to us, including, but not limited to:
low or no audio, poor quality video, bad camera work, poor commentating, video pixelization or temporary stream drops.

WITHOUT LIMITING THE FOREGOING, ALL SALES ARE FINAL. NO REFUNDS OR ALLOWANCES WILL BE GIVEN FOR ANY REASON.

COMPUTER VIRUSES

While we make every reasonable effort to ensure that the Service made available on the Site does not contain computer viruses and other destructive elements, you acknowledge and agree that, prior to your use of any of the Service, it is solely your responsibility to (a) take all protective measures to guard against viruses and other destructive elements (including the use of industry standard and updated virus scanning tools); and (b) ensure that you have a complete, current and secure back-up of the applicable items of information and software on your computer or other electronic device used to access the Site and Service.

INDEMNITY

You agree to defend, indemnify and hold harmless each of Visaic and BBSG, respectively and jointly, and their respective affiliates, licensors, co-branders, contractors, and other partners, and each of their respective officers, directors, employees and agents, including all third parties mentioned on the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from: (a) your breach of any of these Terms and Conditions for Service; (b) your access to or use of the Site or Service; (c) your use or reliance on, or publication, communication or distribution of anything on or from the Site; (d) your use or reliance on, or publication, communication, creation, or distribution of any Clip(s); or (e) your violation of any law or regulation or right of any person or entity.

PROHIBITED USES

You agree to comply with all applicable laws with respect to your use of the Service, including without limitation with respect to your creation and use of any Clips. We may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard.

LAW AND JURISDICTION

These Terms and Conditions for Service shall be interpreted, construed and governed by the laws in force in the State of Delaware, U.S.A.

GENERAL

This Agreement is personal to you, and you may not assign or transfer your rights or obligations to anyone.
These Terms and Conditions for Service constitute the entire agreement between Visaic and BBSG, on the one hand, and you, on the other hand, pertaining to your use of the Service, and supersede any prior agreements between you, and Visaic and/or BBSG pertaining to your use of the Service.
The parties have required that these Terms and Conditions for Service and all documents relating thereto be written and interpreted in English.

You may contact us by emailing

[email protected]