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watchmainesports.com, a service of WABI-TV
Terms of Service
IMPORTANT -- READ THE FOLLOWING TERMS AND CONDITIONS
CAREFULLY BEFORE PROCEEDING WITH THIS TRANSACTION.
By submitting your credit card information you indicate your
acceptance of the terms and conditions described below.
LICENSE TO VIEW
In exchange for your payment, WABI-TV will grant you a one-time, non-exclusive,
non-transferable, limited right to access and view the specified
audio-video stream (the “Service”) on a single
system and for your own personal use only. WABI-TV and its
licensors retain all rights in and to the Service and the
audio-video stream not expressly licensed to you hereunder.
You are responsible for providing all software and equipment
required to view the specified audio-video stream. You agree
not to interrupt, disrupt, or attempt to interrupt or disrupt,
the operation of the Service in any way.
LIMITATION OF WARRANTIES
| a. |
Your use of the service is
at your sole risk. The services, information or data offered
through this service are provided on an "AS IS"
and "AS AVAILABLE" basis. WABI-TV expressly
disclaims 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.
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| b. |
WABI-TV makes no warranty that (i) the
service will meet your requirements, (ii) the service
will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of
the service will be accurate or reliable, (iv) the quality
of the service will meet your expectations, and (v) any
errors in the software will be corrected.
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| c. |
Any material accessed or otherwise obtained
through the use of the service is done at your own discretion
and risk and you will be solely responsible for any damage
to your computer system or loss of data that results from
access to any such material.
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| d. |
No advice or information, whether oral
or written, obtained by you from WABI-TV or through or
from the service shall create any warranty not expressly
stated herein |
“Caveat emptor.” The video stream is best viewed on broadband service,
and primarily intended for broadband users. A 56kbps feed
is provided as a convenience to non-broadband subscribers.
WABI-TV makes no warranty as to the quality of the video stream
in either case. There will be NO REFUNDS due to dissatisfaction
with the quality or reliability of the stream.
LIMITATION OF LIABILITY
Under no circumstances shall WABI-TV be liable for any direct, indirect, incidental,
special, consequential, punitive or exemplary damages, including
but not limited to damages for loss of profits, goodwill,
use, data or other intangible losses (even if WABI-TV has
been advised of the possibility of such damages), resulting
from: (i) the use or the inability to use the service; (ii)
the cost of procurement of substitute goods or services; (iii)
unauthorized access to or alteration of your transmissions
or data; (iv) statements or conduct of any third party; or
(v) any other matter relating to the service.
INDEMNITY
You hereby agree to indemnify, defend and hold harmless WABI-TV and its affiliates
from and against any and all liability and costs incurred
by them in connection with any claim arising out of any breach
or alleged breach of any of your obligations set forth herein
or otherwise relating to your use or misuse of the service
or the Materials (as defined below). You agree to cooperate
fully with WABI-TV in the defense of any such claim. WABI-TV
reserves the right, at its own expense, to assume the exclusive
defense and control of any matter subject to indemnification
hereunder and you agree not to settle any such matter without
the written consent of WABI-TV.
USE OF MATERIALS
Copyright laws protect the information, video, audio, and/or
pictures (“Materials”) provided through this service.
You may access the Materials only for personal use. You may
not, under any circumstances, copy, reproduce, record, publish,
publicly exhibit, transmit or distribute any media files or
any other reproduction of the Materials without WABI-TV's
express written consent. You may not link directly to any
file located on the server, and you may not attempt to "pass-off"
any of WABI-TV's content as your own work.
This agreement shall be governed by the laws of the State
of Maine (excluding its choice of law rules). You consent
irrevocably to personal jurisdiction in the federal and state
courts of Cumberland County, Maine for any action arising
out of or relating to the service. The federal and state courts
of Cumberland County, Maine shall have exclusive jurisdiction
over all such actions.
In the event that any portion of this agreement is held
unenforceable, the unenforceable portion shall be construed
in accordance with applicable law as nearly as possible to
reflect the original intentions of the parties, and the remainder
of the provisions shall remain in full force and effect.
General questions and comments regarding the materials distributed
through this service may be directed to this email address:
watchmainesports@wabi.tv
This service requires the use of Windows
Media Player 9.0 (Free Download)
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE AND
AGREE TO BE BOUND BY THEM. YOU FURTHER AGREE THAT THESE TERMS
OF SERVICE ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE
AGREEMENT BETWEEN YOU AND WABI-TV, AND SUPERSEDE ANY PROPOSAL
OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS
RELATING TO THE SUBJECT MATTER HEREOF.
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