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Terms of Use

1. Watch ‘em Play By using or visiting this website (collectively, including all content and functionality available through the watchemplay.com domain name, the "Watch ‘em Play", or "Website"), you signify your agreement to the Watch ‘em Play Terms of Use and related Privacy Policy hereby incorporated by reference. This agreement shall apply to all users of the Watch ‘em Play and with viewing access to local sporting events sponsored by various local sporting leagues located in the United States (collectively, the “Leagues”) in the form of live streaming Internet broadcasts, Replay-On-Demand access or reproduction on digital versatile disc (“DVD”), and including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and other programming (collectively, the “Programming”). You affirm that you are either more than 18 years of age or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into this agreement.

2. WeP Subscriber Accounts In order to access Programming on the Website, you further agree to execute and abide by the WeP Subscriber Agreement and any applicable rate table. WeP will provide you with a password and account designation upon completing WeP’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify WeP of any unauthorized use of your password or account, and (b) ensure that you exit from your account at the end of each session. WeP cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. Although WeP will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of WeP or others due to such unauthorized use.

3. General Use of the Website–Permissions and Restrictions WeP hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that you agree (i) not to distribute in any medium any part of the Website or Programming without WeP's prior written authorization; (ii) not to alter or modify any part of the Website and Programming; (iii) not to access WeP Programming through any technology or means other than the video playback pages of the Website itself, the WeP player, or other explicitly authorized means WeP may designate; (iv) not to use the Website and Programming without the prior written authorization of WeP. WeP reserves the right to discontinue any aspect of the Watch ‘em Play at any time.

4. Account Termination Policy You agree that WeP may immediately terminate your WeP account and access to the Website and Programming without prior notice for the following reasons: (i) breaches or violations of these Terms of Use, which may be modified from time to time, (ii) requests by law enforcement or other government agencies, (iii) a request by you (self-initiated termination), (d) discontinuance of the Programming, (iv) unexpected technical or security issues or problems, (v) extended periods of inactivity, or (vi) nonpayment of any fees owed by you in connection with the Programming. Termination of your WeP account includes (a) removal of access to the Programming, and (b) deletion of your password and all related information, files and Programming associated with your account. Further, you acknowledge and agree that any termination shall be made at WeP’s sole discretion and that WeP shall not be liable to you or any third party for any termination of your account or access to the Programming.

5. External Links WeP has no control over, and assumes no responsibility for, the Programming, privacy policies or practices of any third-party websites. In addition, WeP will not and cannot censor or edit the Programming of any third-party site. The Watch ‘em Play may contain links to third party websites that are not owned or controlled by WeP. By using the Website, you expressly relieve WeP of any and all liability arising from your use of any third-party website. WeP’s website(s) for access to the Programming may provide links to other sites on the Internet, including League sites. Because WeP has no control over such other sites, you acknowledge and agree that WeP is not responsible for the availability of such sites, and does not endorse and is not responsible or liable for any information, advertising, products or other materials on or available from such sites. You further acknowledge and agree that WeP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Programming, goods or services available on or through any such site. WeP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WATCH ‘EM PLAY OR ANY HYPERLINKED WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WeP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

6. Independent Contractor Relationship WeP is an independent contractor of, and is not affiliated in any other capacity, with any league (“League”) featured in the Programming. You acknowledge that the Leagues shall have no responsibility or liability whatsoever for the access to Programming provided by WeP.

7. WeP’s Proprietary Rights You acknowledge and agree that the Programming; the Watch ‘em Play; and the trademarks, service marks and logos contained therein ("Marks") contain proprietary and confidential information that are owned by or licensed to WeP. Programming on the Website is protected by applicable intellectual property and other laws. Except as expressly authorized by WeP, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Programming, in whole or in part. You agree not to access the Programming by any means other than as authorized in the Subscriber Agreement. The Programming is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. WeP reserves all rights not expressly granted in and to the Website and the Programming. For purposes of these Terms of Use, "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the WeP Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded or redistributed by the user. Accessing Programming for any purpose or in any manner other than Streaming is expressly prohibited. WeP reserves all rights not expressly granted in and to the WeP Programming and the Subscriber Agreement.

8. License to Use Programming The Programming represents copyrighted and other protected intellectual property works owned by WeP. You are hereby granted a personal, nontransferable, limited license under the copyrights and other intellectual property rights for personal viewing in the United States of any properly accessed or DVD-provided games or any portion thereof. No transfer of ownership or other ownership rights are conveyed by this license or other Terms and Condition of this Agreement. This license specifically excludes and you are prohibited from displaying, reproducing, duplicating, copying, distributing, selling, trading, reselling, posting or re-posting, or modifying or exploiting in any way for any public or commercial purposes any portion of the Programming or access to the Programming. You agree not to circumvent, disable or otherwise interfere with security-related features of the Watch ‘em Play or features that prevent or restrict use or copying of any Programming or enforce limitations on use of the Watch ‘em Play or the Programming therein.

9. Changes to Programming WeP reserves the exclusive right at any time and from time to time to modify or discontinue, temporarily or permanently, the Programming (or any part thereof) with or without notice. You agree that WeP shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Programming.

10. Warranty Disclaimer YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND PROGRAMMING ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WeP, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM EXPRESSLY DISCLAIM ALL WARRANTIES 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 CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WeP AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND PARTNERS MAKE NO WARRANTY MAKES NO REPRESENTATION THAT, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (i) THE MINIMUM NUMBER OF SPORTING EVENTS THAT WILL BE MADE AVAILABLE VIA THE PROGRAMMING; (ii) THE PROGRAMMING OF ANY SITES LINKED TO THIS SITE; (iii) THE PROGRAMMING BEING UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iv) THE QUALITY OF THE PROGRAMMING MEETING YOUR EXPECTATIONS; (v) ANY ERRORS, MISTAKES OR INACCURACIES OF PROGRAMMING; (vi) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR PROGRAMMING; (vii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (viii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (ix) ANY BUGS, VIRUSES, TROJAN, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; (x) ANY ERRORS OR OMISSIONS IN ANY PROGRAMMING OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PROGRAMMING. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS CONTAINED IN SECTION MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

11. Limitation of Liability IN NO EVENT SHALL WeP, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE USE OF THE WEBSITE OR PROGRAMMING, INCLUDING ANY ACTS OR OMISSIONS DISCLAIMED IN THE WARRANTIES ABOVE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS 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.

12. Digital Millennium Copyright Act If you are a copyright owner or an agent thereof and believe that any Programming infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

· 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;

· 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 the service provider to locate the material;

· Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

· A statement that you have 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

· A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

WeP's designated Copyright Agent to receive notifications of claimed infringement is: Watch 'em Play LLC, 3300 NW 185th #187, Portland OR, 97229.

13. Indemnity You agree to defend, indemnify and hold harmless WeP, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Watch ‘em Play; (ii) your violation of any term of these Terms of Use and any Subscriber Agreement; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

14. Assignment These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WeP without restriction.

15. General. The Terms of Use, together with the Privacy Policy, Rate Tables and any applicable Subscriber Agreement, constitutes the entire agreement between you and WeP and governs your access to and use of the Programming and Website, superseding any prior agreements between you and WeP with respect to the Programming or Website. You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third-party beneficiaries to this agreement. WeP may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail or postings on its website. WeP reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Watch ‘em Play following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that: (i) the Watch ‘em Play shall be deemed solely based in New Jersey; and (ii) the Watch ‘em Play shall be deemed a passive website that does not give rise to personal jurisdiction over WeP, either specific or general, in jurisdictions other than New Jersey. The Terms of Use, Privacy Policy and Subscriber Agreement governing the relationship between you and WeP shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. Any claim or dispute between you and WeP that arises in whole or in part from the Watch ‘em Play shall be decided exclusively by a court of competent jurisdiction located in Newark, , New Jersey. The failure of WeP to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the other provisions of these Terms of Use remain in full force and effect. The section headings in the Terms of Use are for convenience only and have no legal or contractual effect. YOU AND WeP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WATCH ‘EM PLAY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.