Barstool Sports, Inc. (?Barstool? or ?we?, ?our? or ?us?) operates the Barstool Sports platform, including our websites, social media pages and apps (the foregoing, and all content, features, and materials thereon, shall hereinafter be collectively referred to as the ?Platform?).
In order to participate in certain services on the Platform (e.g., if you make a purchase or enter a contest), you may be notified that you are required to agree to additional terms and conditions. Such additional terms are hereby incorporated into this Agreement by this reference but such additional terms shall control solely for the applicable service.
We may modify this Agreement from time to time and such modification shall be effective upon posting on the Platform. You will be deemed to have agreed to any such modifications by your further use of the Platform 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. If you do not agree with the modifications, please discontinue use of the Platform immediately.
With the exception of content posted by users of the Platform (?User Content?), all materials contained on the Platform, including all content, and the software, graphics, text and look and feel of the Platform, and all trademarks (including BARSTOOL SPORTS?), copyrights, patents and other intellectual property rights related thereto (?Proprietary Materials?), are owned or controlled by Barstool., our subsidiaries or affiliated companies, contributors, our third party licensors, and/or our advertising partners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Platform, in whole or in part, unless specifically stated otherwise. Subject to your compliance with this Agreement and any other relevant policies related to the Platform, we grant you a non-exclusive, non-transferable, revocable limited license, subject to the limitations herein, to access and use the Platform and Proprietary Materials for your own non-commercial entertainment purposes consistent with the intended purpose of the Platform. You agree not to use the Platform for any other purpose.
Validity of Assertions
Our Platform contains published rumors, speculations, assumptions and opinions in addition to factual information. Therefore, information that you read on the Platform may or may not be true and should not be taken or interpreted as fact.
Distribution/Uploading Of Content
You are prohibited from posting on or transmitting through the Platform (e.g., through uploaded content, a chat or user forum, or comment posted through the Platform) any content that infringes upon a third party?s intellectual property rights or is defamatory, damaging, illegal, or offensive.
Without limiting the foregoing, you may not post, upload, distribute, modify, or reproduce on the Platform any copyrighted material, trademarks, or other proprietary information belonging to others unless you have first obtained the prior written consent of the owner of such rights. It is our policy to terminate the account of anyone who repeatedly infringes the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner?s legal agent.
By submitting content or materials (collectively, ?Your Content?), including photos, videos and written pieces, through the Platform by any means including, without limitation, uploading content, sending us any e-mails or other correspondence, choosing a username, or participating in any comment sections or forums, you automatically grant us and our contributors, or warrant that the owner of such content has expressly granted us, the perpetual, irrevocable, sublicensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform, distribute and otherwise exploit Your Content or any clips, images, or portions thereof for any purposes, including posting Your Content through our Platform and using Your Content (or clips thereof) in advertising/promotional material or merchandise. You agree that the foregoing license is royalty-free and that you will not receive any compensation based on our display, distribution, use or other exploitation of Your Content even if we ourselves earn money (e.g., through advertising or sale of merchandise).
You also grant each user of the Platform a non-exclusive license to access Your Content through the Platform, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Platform and under this Agreement.
The above licenses granted by you in Your Content are perpetual and will only terminate if you?ve requested the removal or deletion of Your Content from the Platform (such license will terminate within a commercially reasonable time after your request to remove or delete Your Content). You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted. In short, if you don?t want Your Content made public, do not submit any content to us in any form.
Subject to these grants, you retain any and all rights which may exist in Your Content.
Representations and Warranties
You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Content and to enable inclusion and use of Your Content in the manner contemplated by the Platform and this Agreement. You further represent and warrant Your Content will not violate any of the prohibited conduct described in the Online Conduct section below. Without limiting the foregoing, you expressly agree that Your Content will not defame any third party and that the use of Your Content on the Platform will not violate or infringe upon the intellectual property rights, or the rights of privacy or publicity, of any third party.
Third-Party Content & User Content
You acknowledge that Barstool is an online service provider that may post content provided by users. Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including content posted by our contributors or User Content, are those of the respective authors and not of Barstool or its affiliates or any of their officers, directors, employees, or agents. While we retain the right to filter or reject User Content and other content posted by third parties, we review User Content and other third party content in a limited gate-keeper fashion and have no obligation to investigate whether any content or other User Content violate any term of this Agreement and will not do so in most cases. We neither endorse nor are responsible for the User Content or any other content posted to the Platform by anyone other than Barstool.
Just as you retain complete ownership of Your Content (subject to the license to us granted above), all other users of the Platform retain ownership of their User Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any User Content in whole or in part.
You, as a user, agree to use the Platform only for lawful purposes. Without limiting anything else above, specific prohibited activities include, but are not limited to:
depicting, encouraging or partaking in criminal or tortious activity, including fraud, trafficking in obscene or illegal material, drug dealing or using, underage drinking, gambling, violence, harassment, stalking, spamming, spimming, sending of viruses or other harmful files,
depicting, encouraging or partaking in dangerous activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
posting, uploading or sharing content that violates any of the prohibitions herein or that constitutes copyright infringement, patent infringement, or theft of trade secrets;
attempting to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform or the content therein;
using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials (as defined below);
interfering with, disrupting, or creating an undue burden on the Platform or the networks or services connected to the Platform;
attempting to impersonate another user or person;
soliciting personal information from anyone under 18;
collecting, harvesting, soliciting or posting passwords or personally identifiable information from other users;
using the account, username, or password of another account holder at any time or disclosing your password to any third party or permitting any third party to access your Account;
using any information obtained from the Platform in order to harass, abuse, or harm another person, whether a user or a contributor;
using the Platform a commercial manner.
Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account and your access to the Platform.
If you believe that any content, including User Content or other materials, posted on the Platform constitute an infringement of your copyrights, we will respond promptly to any properly submitted notice containing the information detailed below. Pursuant to Title 17, United States Code, Section 512(c)(2), written notifications of claimed copyright infringement should be sent to our Designated Agent at the following contact information: firstname.lastname@example.org.
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. 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 us to locate the material;
4. Information reasonably sufficient to permit us 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;
5. 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; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
YOUR ACCOUNT / PASSWORD SECURITY / SUSPENSION, TERMINATION
You may never use another’s Account without permission or permit another to use your Account. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated.
You are responsible for (i) keeping confidential any password that you created to use any aspect of the Platform requiring registration and (ii) restricting access to your computer or mobile device. You agree to accept full responsibility for all activities that occur within your Account. You must notify us immediately of any breach of security or unauthorized use of any part of your Account.
Although we will not be liable for your losses caused by any unauthorized use of your Account, whether with or without your knowledge, you may be liable for our losses or the losses of our contributors, third-party licensors, content providers, merchants, advertisers, sponsors, and service providers (collectively, ?Barstool Providers”) due to such unauthorized use.
Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account and/or your access to all or any part of the Platform at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering any aspect of the Platform. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Platform if we determine, in our sole discretion, that you have violated any of the terms of this Agreement.
The Platform may contain links or otherwise direct you to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site.
We reserve the right to disable links from or to third party sites.
THIRD-PARTY MERCHANTS / PROVIDERS
The Platform may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Platform.
In addition, the Platform may prompt you to establish an account with a third party service provider not owned or operated by us. Your agreement and understanding with any such third party service provider is solely between you and such service provider. We will not be a party to or in any wa