Terms of Service
Terms of Service
1. WEBSITE OWNERSHIP
The Website is owned by Bryton Harry Inc. ("Bryton Harry"). All materials contained or distributed in the Website (the "Materials") are either owned by or licensed to Bryton Harry. The applicable owners and licensors retain all rights to the Materials, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Materials must not be used in any unauthorized manner.
Notices and Attribution. Text, photo, graphic, audio and/or video material of this website shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these materials nor any portion thereof may be stored in a computer. These materials will not be held liable in any way to any Website user or to any third party or to any other person who may receive information in those materials or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.
2. DESCRIPTION OF SERVICE
Bryton Harry provides users with access to services, products, and information, including Hospitality Packages, sponsorships, marketing and employment information, shopping services, news, press releases, non-public information and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Bryton Harry to provide the Service. You also understand and agree that the Service may include certain communications from Bryton Harry, such as press releases, service announcements, administrative messages and other communications tools, and that these communications are considered part of Bryton Harry membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Bryton Harry properties, shall be subject to the Terms of Service. You understand and agree that the Service is provided "AS-IS" and that Bryton Harry assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. LANGUAGE OF THE TERMS
Where Bryton Harry has provided you with a translation of the English language version of the Terms(especially for Japanese website), then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Bryton Harry.
If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. PROVISION OF THE SERVICES BY BRYTON HARRY
Bryton Harry has and will have subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Bryton Harry itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
Bryton Harry is constantly innovating in order to provide the best possible services and experience for its clients. You acknowledge and agree that the form and nature of the Services which Bryton Harry provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that Bryton Harry may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to clients generally at Bryton Harry’s sole discretion, without prior notice to you.
You acknowledge and agree that if Bryton Harry disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
5. SALES FROM HOSPITALITY PACKAGES, SHOPS, AND OTHER PRODUCTS AND SERVICES OF THE WEBSITE ARE SUBJECT TO THE FOLLOWING SPECIAL TERMS AND CONDITIONS
The Hospitality Packages and Shop allows you to order hospitality packages and products. (Hospitality packages purchased via the Hospitality Packages and products purchased via the Shop).
All purchases are subject to hospitality packages and product availabilities. Bryton Harry expressly disclaims any responsibility or liability for any damage, loss or injury arising out of: The activities of any vendor, the merchandise offered by the vendors, any loss or injury resulting from your access or inability to access hospitality packages, the shop, audio/video, other services and products, or any feature or service therein, or any loss or injury arising out of your purchase or use of any feature or service, hospitality packages, or products.
Bryton Harry reserves the right to modify the price of any hospitality packages, products, Merchandise, or feature or Service. Bryton Harry is not responsible for any error in copy or images relating to hospitality packages, products, Merchandise, or feature or Service. Any auction or offer to sell any hospitality packages, products, Merchandise, or feature or Service, may be discontinued at any time in Bryton Harry's sole discretion.
Sales of Autographed sports memorabilia: as required by law, a dealer who sells to a consumer any sports memorabilia described as being autographed must provide a written certificate of authenticity at the time of sale. This dealer may be surety bonded or otherwise insured to ensure the authenticity of any collectible sold by this dealer.
The certificates of authenticity referenced above will be provided in the form of a certificate of authenticity or as a unique hologram affixed to the item itself. Each hologram bears a unique tamper-proof identification number that upon entry in Bryton Harry’s database will provide the name of the signer and the date the item was signed. Each item and its unique identification number is processed and posted on the official program pages, which are accessible through the Shop.
By purchasing any features or Services via the Website, you acknowledge and agree that your credit card is being charged by the payment processor of Bryton Harry.
By utilizing a debit card for purchase of any features or Services, you authorize Bryton Harry to debit on the specified periodic basis (e.g., once per month for monthly Services) the amount described on the applicable Service or Services' checkout page(s).
The Services are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.
The Services are subject to transmission limitations of the Internet and, as applicable, wireless carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.
By accepting this Agreement, you agree that Bryton Harry may notify you about changes to prices or services by sending an e-mail message to your e-mail address on file with Bryton Harry, and by publishing such notices from time to time on the informational page(s) of the website applicable to the Services. It is your responsibility to notify Bryton Harry of any change in your e-mail address by logging into this website and using the online account management tool.
Programming, pricing, terms and conditions of Services are subject to availability and change.
Subscription activation for Services, and subsequent ability to access Services, may be subject to approval of your valid major credit card and verification of other information that you submit or is otherwise obtained by Bryton Harry (e.g., your IP address). If you circumvent, or attempt to circumvent, any blackout restriction your subscription will be subject to immediate termination; You may be subject to legal action; And Bryton Harry reserves the right to report such misconduct to appropriate law enforcement authorities.
6. YOUR PASSWORD AND ACCOUNT SECURITY
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible to Bryton Harry for all activities that occur under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify Bryton Harry immediately at email@example.com
7. PRIVACY AND YOUR PERSONAL INFORMATION
You agree to the use of your data in accordance with Bryton Harry’s privacy policies.
8. CONTENT IN THE SERVICES
You understand that all information (such as all service information, hospitality package, products, non-public information, data files, written text, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Bryton Harry (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Bryton Harry or by the owners of that Content, in a separate agreement.
Bryton Harry reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
You agree that you are solely responsible for (and that Bryton Harry has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Bryton Harry may suffer) by doing so.
9. PROPRIETARY RIGHTS
You acknowledge and agree that Bryton Harry (or Bryton Harry’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Bryton Harry and that you shall not disclose such information without Bryton Harry’s prior written consent.
Unless you have agreed otherwise in writing with Bryton Harry, nothing in the Terms gives you a right to use any of Bryton Harry’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
If you have been given an explicit right to use any of these brand features in a separate written agreement with Bryton Harry, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms.
Other than the limited license set forth in Content license from you, Bryton Harry acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Bryton Harry, you agree that you are responsible for protecting and enforcing those rights and that Bryton Harry has no obligation to do so on your behalf.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by Bryton Harry, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. LICENSE FROM BRYTON HARRY
You must not (and you may not permit anyone else to) copy, modify, create Hospitality Packages, products, any non-public and public information, decompile or otherwise attempt to extract Hospitality Packages, products, any non-public and public information or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Bryton Harry, in writing.
Unless Bryton Harry has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Services and any information of this website, grant a security interest in or over your rights to use the Services and any information of this website, or otherwise transfer any part of your rights to use the Hospitality Packages, products, services, any non-public and public information of this website.
11. CONTENT LICENSE FROM YOU
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Bryton Harry a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Bryton Harry to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
You agree that this license includes a right for Bryton Harry to make such Content available to other companies, organizations or individuals with whom Bryton Harry has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
You understand that Bryton Harry, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Bryton Harry to take these actions.
You confirm and warrant to Bryton Harry that you have all the rights, power and authority necessary to grant the above license.
Bryton Harry may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, Hospitality Packages, non-public information, products, database, or content. Bryton Harry may also impose limits on certain features and Services or restrict your access to parts or the entire Website without notice or liability at any time in Bryton Harry's exclusive discretion, without prejudice to any legal or equitable remedies available to Bryton Harry, for any reason or purpose, including, but not limited to, conduct that Bryton Harry believes violates this Agreement or other policies or guidelines posted on the Website or conduct which Bryton Harry believes is harmful to other customers, to Bryton Harry's business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by Bryton Harry in its sole discretion. In addition and without prejudice to any other remedy available to Bryton Harry, Bryton Harry may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by Bryton Harry.
13. DISCLAIMER OF WARRANTIES
Use of the website, the services, hospitality packages, products, non-public information, any other information, and merchandise are at your exclusive risk, and the risk of injury from the foregoing rests exclusively with you.
Except for any warranties that may be expressly provided by the applicable vendor, the website and all materials contained or distributed therein, including, but not limited to all services, hospitality packages, products, non-public information, any other information, and merchandise are provided “as is” and without warranties of any kind, either express or implied, including, but not limited to any warranties of title or warranties of title or warranties of merchantability or fitness for a particular purpose.
Bryton Harry does not warrant that : (1) The website, hospitality packages, any non-public information, or the services will be uninterrupted or error free; (2) defects or errors in the website, merchandise, hospitality packages, any non-public information or services will be corrected; (3) The website, the merchandise, hospitality packages, any non-public information, or the services will be free from viruses or other harmful components; or (4) any information contained in the website, the merchandise, hospitality packages, any non-public information, or the services will be accurate or reliable
14. LIMITATION OF LIABILITY
You expressly understand and agree that Bryton Harry, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
(A) Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit, (Whether incurred directly or indirectly), Any loss of good will or Any loss of business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(B) Any loss of damage which may be incurred by you, including but not limited to loss or damage as a result of :
(I) Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
(II) Any changes which Bryton Harry may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
(III) The deletion of , corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
(III) Your failure to provide Bryton Harry with accurate account information;
(IV) Your failure to keep your password or account details secure and confidential;
The limitations on Bryton Harry’s liability to you shall apply whether or not Bryton Harry has been advised of or should have been aware of the possibility of any such losses arising.
15. COPYRIGHT AND TRADE MARK POLICIES
It is Bryton Harry’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
Bryton Harry operates a trade mark complaints procedure in respect of Bryton Harry’s advertising business
16. CHOICE OF LAW: JURISDICTION; ATTORNEY’s FEES
This Agreement (including Japanese website) will be governed by the laws of the State of New York applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within New York State, New York will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. Bryton Harry will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.
17. ACCEPTANCE OF TERMS OF SERVICE
By using the website (including the Japanese website), you signify your agreement to the terms of this agreement. If you do not agree to the terms in this Agreement, you must not use the Website. Bryton Harry may change the terms of this Agreement at any time, and your use of the Website after such changes are posted will mean that you accept them.
LAST UPDATED: September 1, 2010