Terms and Conditions of Use
Acceptance of Terms and Conditions of Use
“Content” means, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to BRK or GOS, for use in connection with the Website, the Services or otherwise in connection with GOS’s GameOnStream technology, and includes, without limitation, video and audio footage, photographs, text, images, statistics, logos and other media and intellectual property related to or otherwise associated with BRK and GOS, its users and subscribers, and organizations, teams, athletes and spectators involved in any sport and/or event utilizing GOS’s GameOnStream technology.
BRK and GOS do not guarantee the quality and/or availability of Content, which is subject to transmission limitations of the internet, including, but not limited to, video and/or audio dropouts, rebuffering and loss of connection. Programming and pricing are subject to availability and change at BRK’s and/or GOS’s sole discretion. Blackout restrictions may apply to the Services. Users require a high speed internet connection to view Content.
BRK LIVE/BRK and GOS Accounts
In order to access some features of the Services, you will be required to register for (and, where applicable, subscribe to) the Services by establishing an BRK LIVE/BRK and GOS account. You are prohibited from using any other user's account or sharing your account login information with any person without BRK’s, GOS’s and (in the case of use of another user’s account) such user’s express written permission, which permission may be denied in BRK’s and/or GOS’s sole discretion. When establishing your account you must provide accurate and complete information. You are solely responsible for maintaining the confidentiality and security of your user name and password and for all activity on your account. You must notify BRK and GOS immediately of any breach of security or unauthorized use of your name, password or account. You shall be held liable for any loss or damage to BRK, GOS and any third party arising from or related to your failure to comply with this provision and/or caused by any unauthorized use of your account.
Where applicable, subscription activation and subsequent ability to access subscription and pay-per-view Content may require payment via major credit card and also may be subject to the approval of your credit card carrier and verification of any other information that you submit or that is otherwise obtained by BRK and GOS (e.g., your IP address).
If you are required to subscribe to the Services, your subscription, unless otherwise provided, will be a recurring monthly subscription and may be cancelled or changed by you at any time by logging in to the Website and selecting “My Profile”, where you may cancel or change your subscription.
If you have subscribed to the Services, your recurring payment will be authorized automatically without notification to you. We will not cancel your monthly payments on your behalf. If you fail to cancel your subscription, payments will continue indefinitely, even when the playing season is over.
You may cancel your monthly subscription at any time and you will continue to have access to the Services through to the end of your monthly billing period. We do not provide refunds or credits for any partial-month subscription periods or unwatched games.
General Use of the Services –Permissions and Restrictions
(i) the sale of access to the Services and/or Content;
(ii) the sale of advertising, sponsorships, or promotions for placement on or within the Services or Content;
(iii) the provision of Content to a third party for the purpose of analysis or any other use whatsoever, whether on a paid or free basis, unless specifically permitted hereunder; or
(iv) the sale of advertising, sponsorships, or promotions for placement on any page of an ad-enabled blog or website containing Content delivered via the Services, unless other material not obtained from BRK and GOS appears on the same page and is of sufficient value to be the basis for such sales, as determined by BRK and GOS in their sole discretion.
Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
The Content and the trademarks, service marks and logos ("Marks") used on and in connection with the Website and Services, are owned by or licensed to BRK and GOS, subject to trademark, copyright and other intellectual property laws.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Website and the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein (including, but not limited to, blackout restrictions). Breach of this provision will subject your account to immediate termination and BRK and GOS reserves the right to seek damages in connection therewith and to report such misconduct to appropriate law enforcement authorities.
You understand that when using the Services, you will be exposed to Content from a variety of sources, and that BRK and GOS is not responsible for the accuracy, usefulness, safety or other matters not within BRK’s and GOS’s control of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BRK and GOS with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless BRK and GOS, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your access and use of the Website and Services.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BRK AND GOS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND SERVICES AND YOUR USE THEREOF. BRK AND GOS MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF BRK’S OR GOS’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR SERVICES OR ISSUES REGARDING THE QUALITY OF ANY BROADCAST OR OTHER CONTENT INCLUDING, BUT NOT LIMITED TO, CAMERA ANGLES, IN-GAME GRAPHICS, AUDIO OR VIDEO QUALITY, COMMENTARY, OR CONTENT, IN FULL OR IN PART, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. NEITHER BRK NOR GOS WARRANTS, ENDORSES, GUARANTEES, OR ASSUMES RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NEITHER BRK NOR GOS WILL BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
IN NO EVENT SHALL BRK OR GOS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF BRK’S OR GOS’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND REGARDLESS OF WHETHER BRK AND/OR GOS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER BRK NOR GOS SHALL BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AND BRK AND GOS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION FIRST ARISES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Dated: August 25, 2019