1. Website Ownership
The Website is owned by Summit Artists, Inc./College TV Ticket (“College TV Ticket”). All content distributed in the Website (the “Content”) is either owned by or licensed to College TV Ticket, and its licensors retain all proprietary rights to the Content.
2. Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), College TV Ticket has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website (the “Designated Agent”). All such notifications relating to this Website must be submitted in a manner consistent with the DMCA to the following Designated Agent:
Service Provider: College TV Ticket.
Name of Agent Designated to Receive Notification of Claimed Infringement: Dennis B. Jacobs, President
Full Address of Designated Agent to Which Notification Should Be Sent: 10711 Preston Road, Suite 101,
Dallas, Texas 75230
Telephone Number of Designated Agent: (214) 363-9595
Facsimile Number of Designated Agent: (214) 363-7310
E-mail Address of Designated Agent: [email protected]
3. Control of Website and Content
College TV Ticket may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. College TV Ticket may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
4. Terms of Sale
Sales of Subscription Content Services (the “Services”) are subject to the following terms and conditions:
All viewing of Content must occur through the Website. You must not download, reproduce, prepare derivative works based upon, publish, broadcast, rewrite, distribute, or display the Content in any manner, whether directly or indirectly. Neither the Content nor any portion thereof may be stored in a computer. All access to and use of the Content must occur only through online access to the Website. Content must not be used in any unauthorized manner.
College TV Ticket reserves the right to modify the price of any Services. College TV Ticket is not responsible for any error in copy or images relating to Content or Services.
College TV Ticket will not be held liable in any way to you, any other Website user, or to any third party or to any other person who may receive information in the Content or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.
Except as otherwise provided in these terms or in College TV Ticket’s offers for Services, your subscription to Services is provided on a yearly, 30 day or single game basis and will continue from the date of subscription through the day preceding the first anniversary of your subscription. You may cancel your subscription by calling Summit at (214) 363-9595 or by selecting the “cancel / do not renew” feature on the website. No refund will be made of any amount of your subscription payment that has been transmitted to an institution of higher learning whose athletic events are webcast on Summit�s website. By accepting these terms, you agree that Summit may notify you about changes to prices or services by sending an e-mail message to your e-mail address on file with College TV Ticket, and by publishing such notices from time to time on the informational page(s) of the website applicable to the services. It is your responsibility to notify College TV Ticket of any change in your e-mail address by logging into collegetvticket.com and using the online account management tool.
Programming, pricing, terms and conditions of Content and Services are subject to availability and change. Among other things, the Services may allow you to watch certain live and/or archived telecasts and/or post-game video clips and/or video clip compilations of college sporting events. The Services are subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection. Scheduled games may be cancelled or substituted when necessary. Applicable taxes may not be included but are the responsibility of the subscriber if designated in the transaction confirmation. Blackout restrictions and rules of the National Collegiate Athletic Association apply to Services that might otherwise allow you to watch video of live games.
The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the Website to other Web sites maintained by third parties do not constitute an endorsement by College TV Ticket or any of its affiliates of any third party Web site or content. College TV Ticket is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its Web site administrator or Webmaster.
6. Disclaimer of Warranties
A. USE OF THE WEBSITE AND THE SERVICES ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
B. THE WEBSITE, INCLUDING, BUT NOT LIMITED TO ALL CONTENT AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
C. COLLEGE TV TICKET DOES NOT WARRANT THAT: (1) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE OR SERVICES WILL BE CORRECTED; (3) THE WEBSITE OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE. COLLEGE TV TICKET DOES NOT GUARANTEE THE WEBCAST OF ANY PARTICULAR EVENT OR PORTION THEREOF.
7. Limitations on Liability
COLLEGE TV TICKET EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF THE WEBCAST OR THE SERVICES, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF THE SERVICES OR CONTENT. IN NO EVENT SHALL COLLEGE TV TICKET OR ANY INSTITUTION WHOSE EVENTS ARE WEBCAST VIA THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COLLEGE TV TICKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF COLLEGE TV TICKET IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF COLLEGE TV TICKET AND ANY INSTITUTION FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE IS $50.
IN NO EVENT SHALL COLLEGE TV TICKET BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE, INCLUDING THE AVAILABILITY OF ANY SITE FEATURE.
You hereby agree to indemnify and hold College TV Ticket, and their respective general and limited partners, members, shareholders, directors, officers, employees, agents and representatives (collectively, the ” College TV Ticket and Summit Artists, Inc. Entities”) harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: (A) your use of the Website and/or Services purchased via the Website; or (B) any alleged breach of this Agreement by you.
10. Choice of Law; Jurisdiction; Attorneys’ Fees
This Agreement will be governed by the laws of the State of Texas applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Dallas County, Texas will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. College TV Ticket will be entitled to recover its court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of this Agreement.
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. College TV Ticket in its sole discretion may amend this Agreement, and your use of the Website after such amendment is posted on the Website will constitute acceptance of it by you. Sections 6, 7, 8, 10, 1 1 and 12 of this Agreement will survive any termination or cancellation of this Agreement. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
By using the Website, you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use the Website. College TV Ticket may change the terms of this Agreement at any time, and your use of the Website after such changes are posted will mean that you accept them.