October 10, 2012
To see a list of our affiliated companies ("FSD Affiliates") click here.
Use of the FSD Sites is limited to users aged 13 years and above.
FSD may also use third-party service providers, such as vendors, contractors, agents or sponsors, to operate, develop or help us manage and provide the FSD Sites.
FSD Account Eligibility and Security
Some FSD Sites require you to create an FSD account (including setting up a Fox Sports Digital credential and password) to participate in or to secure additional FSD Services, such as viewing and commenting on FSD Content (defined below), purchasing subscription products, creating an FSD website profile and signing up for specific FSD Site newsletters. To make it easier for you to create an FSD account and interact with participating FSD Sites without having to maintain multiple sign-in credentials, FSD has created the universal Fox Sports Digital credential. The Fox Sports Digital credential allows you to sign into participating FSD Sites with one email and password. In addition to your FSD credential you will have the ability to create an FSD website specific profile, which may include an FSD website username and profile, as part of your FSD account.
You may terminate your FSD account at any time, for any reason, in the following ways: (i) to terminate your FSD account please send an email to the applicable FSD Site's feedback account listed here, Subject: Terminate FSD Account. Please list the specific FSD Site account you wish to terminate.; (ii) to terminate a specific FSD Site newsletter subscription please log on to the specific FSD Site account profile page and select your newsletter preferences or click the unsubscribe link on the bottom of the newsletter
Purchasing FSD Site Products
If you purchase certain FSD Site Products, your subscription will be automatically renewed and the credit card you provided to the Payment Service for such FSD Site Product will be charged per the billing cycle of your subscription (e.g., monthly, 3-month, 6-month, annual), unless you cancel the subscription prior to the renewal date of the subscription. The renewal charge for your subscription shall be the same as the original purchase price, unless you are otherwise notified in advance. You acknowledge and agree that the authorization to charge your credit card for the subscription shall automatically transfer to any successors or assigns of FSD or the Payment Service for a substantially similar FSD subscription. Some subscription options include a free trial period. You are allowed only one free trial period. Subsequent subscriptions or upgrades do not qualify for additional free trials.
FSD makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your purchase with the Payment Service. FSD provides no refunds for purchases you make on or through any FSD Site. You are solely responsible for any and all transactions utilizing your information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Payment Service experiences a data breach that affects your information, FSD will in no way be responsible or liable to you for any such breach.
If you have any questions regarding your purchases or transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your information, you must contact the Payment Service.
Additional Fox Sports Next Membership Terms
For additional Fox Sports Next Membership terms please click here. By purchasing a Fox Sports Next membership you acknowledge and agree that you have read and agree to these additional Fox Sports Next membership terms.
Except as explicitly and expressly permitted by FSD, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the FSD Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the FSD Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the FSD Content including geo-filtering mechanisms. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by FSD. You may not build a business utilizing the Content, whether or not for profit.
Your Use of the FSD Sites
The FSD Sites are offered for your entertainment and personal use only and may not be used for commercial purposes unless specifically endorsed or authorized in writing by FSD. FSD reserves the right to remove commercial content in its sole discretion. You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the FSD Sites (collectively, "User Content"). Accordingly, please choose carefully the information that you post on, through or in connection with the FSD Sites. You understand that FSD does not control the User Content posted by users via the FSD Sites and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable User Content. FSD assumes no responsibility or liability for this type of User Content. If you become aware of misuse of FSD Sites, please report this immediately to the applicable FSD Site. Please click here for a complete list of contact information.
FSD assumes no responsibility for monitoring the FSD Sites for inappropriate Content or conduct. If at any time, FSD chooses in its sole discretion to monitor the FSD Sites, FSD nonetheless assumes no responsibility for Content other than FSD Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user or visitor.
You agree not to use the FSD Sites to:
Message Boards and Public Forums
FSD may offer users the ability to post public messages on message boards and forums ("Forums"), which may be open to the public generally, to all members of FSD Sites, or to a select group of FSD Site members. You acknowledge that messages posted on such Forums are public, and FSD cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. FSD is not responsible for the User Content or accuracy of any User Content or information posted on a Forum, and shall not be responsible for any decisions made based on such User Content. FSD reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum for any reason at any time, without any notice to you. We ask you not to disclose, any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the FSD Sites, including the FSD Forums or otherwise.
Your Proprietary Rights
FSD does not claim any ownership rights in the User Content that you post, upload, email, transmit, or otherwise make available on, through or in connection with the FSD Sites; provided, however, that User Content shall not include any Content posted by a user or visitor that is already owned by FSD or any FSD Affiliate. By posting any User Content on, through or in connection with the FSD Sites, you hereby grant to FSD and our FSD Affiliates, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content on, through or in connection with the FSD Sites or in connection with any distribution or syndication thereof to Third-Party Services (as defined below), on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. FSD's use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. FSD reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the FSD Sites.
You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the FSD Sites, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with the FSD Sites and Third-Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through the FSD Sites or Third-Party Services.
Copyrights and Other Intellectual Property
FSD respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any Content or material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. FSD has a policy of terminating repeat infringers' access to the FSD Sites in appropriate circumstances.
If you believe that any Content or material residing on or linked to from any FSD Site infringes your copyright, please send a notification of claimed infringement to the appropriate FSD Site Copyright Agent with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the applicable FSD Site(s) (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a 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; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature. The applicable FSD Site Copyright Agent notification of claimed infringement can also be reached as follows: Copyright Agent, 10201 W. Pico Blvd., Los Angeles, CA 90035; Facsimile: (310) 969-5660; Phone: (310)369-7069. Please be sure to send the notification to the attention of the FSD Site on which your claimed infringement occurred. For example, if your claimed infringement occurred on foxsports.com, the notification should be sent to the address above, and include, "Attention: FoxSports.com" as the last line of the address. If you wish to notify the applicable Copyright Agent electronically, please click here for a list of the email address for each applicable FSD Site's Copyright Agent.
Third-Party Links and Services
You are solely responsible for your interactions with other FSD users and visitors, providers of Third-Party Services or any other parties with whom you interact on, through or in connection with the FSD Sites. FSD reserves the right, but has no obligation, to become involved in any way with these disputes.
The FSD Sites, including, without limitation, all FSD Site Products, are provided "AS-IS" and "as available" and FSD does not guarantee or promise any specific results from use of the FSD Sites. FSD expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, FSD makes no warranty that your use of the FSD Sites will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with the FSD Sites or Third-Party Services (including but not limited to, through User Content or third-party advertisements) will be accurate or reliable. Under no circumstances will FSD be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the FSD Sites, problems or technical malfunction in connection with use of the FSD Sites, attendance at an FSD event, viewing any Fox Networks Group, Inc. programming, any material downloaded or otherwise obtained in connection with the FSD Sites, subscriptions, products, any User Content, third-party advertisement or Third-Party Service posted on, through or in connection with the FSD Sites, or the conduct of any visitors to or users of the FSD Sites, whether online or offline. Your use of User Content, third-party advertisements, Third-Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third-party advertisements and Third-Party Services do not necessarily reflect the opinions or policies of FSD or FSD Affiliates.
Limitation on Liability
IN NO EVENT WILL FSD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE SERVICES, EVEN IF FSD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FSD'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (i) TWENTY-FIVE DOLLARS ($25.00); or (ii) THE AMOUNT PAID, IF ANY, BY YOU TO FSD FOR THE FSD SERVICES DURING THE TERM OF YOUR USE OF THE FSD SERVICES.
U.S. Export Controls
Software available in connection with the FSD Sites (the "Software") is further subject to United States export controls. No Software may be downloaded from the FSD Sites or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
FSD does not knowingly accept, via the FSD Sites or otherwise, unsolicited submissions including, without limitation, submissions of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. FSD's policy is to simply delete any such submission without reading it or forwarding it to other FSD staff or staff of its FSD Affiliates. Therefore, any similarity between an unsolicited submission and any elements in any FSD or FSD Affiliates creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to FSD via the FSD Sites (including but not limited to any public forum or message board), however, such submissions and copyright become the property of FSD and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as FSD 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 FSD or FSD Affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.