Terms of Use

Mercury Intermedia website terms and conditions of use

Mercury Intermedia is an online service that provides sports-related news, information, photos, video, and other materials (“Content”) directly to computer desktops via patent-pending technology called MercurySports ScreenServer® (the “ScreenServer”). Mercury Intermedia and the ScreenServer are owned and operated by Tallent Communications, Inc., a Tennessee corporation (“Tallent”). Each version of a ScreenServer is sponsored by a team, publication, or other organization identified in the particular version of the ScreenServer (the “Sponsor”). The Sponsor underwrites the particular ScreenServer and provides some or all of the Content for the use and enjoyment of its fans, readers, viewers, or members.

You Must Agree to these Terms of Service to Use Mercury Intermedia
By installing, using, or registering a ScreenServer, you agree to these terms and conditions (“Terms of Service”) and the Mercury Intermedia Privacy Policy (which follows below). You agree to accept notices electronically. Each time you use a ScreenServer, you reaffirm your acceptance of the then-current Terms of Service. If you do not wish to be bound by these Terms of Service, you may discontinue using the ScreenServer. You cannot install or use a ScreenServer until you have accepted these Terms of Service.

Mercury Intermedia License to You
Tallent grants you a personal, non-exclusive, non-transferable limited license to install the ScreenServer software, in object code form only (the “Software”), on any computer or device from which you wish to access the Mercury Intermedia service and to use the Software for the sole and exclusive purposes of connecting to and using the Mercury Intermedia service in accordance with these Terms of Service. You may not sub-license or charge others to use or access the Software. You may use Mercury Intermedia service and the ScreenServer for lawful purposes only. Tallent occasionally will provide automatic upgrades to improve your online experience, but these upgrades may not be consistent across all platforms and devices. You agree to accept and to take no action to interfere with such automatic upgrades and related services.

You may access Mercury Intermedia services and Content only through the interfaces and protocols provided or authorized by Tallent. You agree that you will not access or attempt to access Mercury Intermedia services or Content through unauthorized means, such as unlicensed software clients, and that you will only use Mercury Intermedia services in conjunction with Tallent authorized products and components.

You may not sell, assign, grant a security interest in, or otherwise transfer any right in the Software or incorporate it (or any portion of it) into another product. You may not copy the Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover or use any source code in the Software. You may not modify the Software or use it in any way not expressly authorized by these Terms of Service. You may not obtain the communications protocol for accessing the Mercury Intermedia service or any other Tallent services, and you may not authorize or assist any third party to do any of the things described in this paragraph. You understand that Tallent's introduction of various technologies may not be consistent across all platforms and that the performance and features offered by Tallent may vary depending on your computer and other equipment.

Additional Terms and Conditions for Other Services or Products
You agree and understand that certain Mercury Intermedia products, features, and other services offered by or through Mercury Intermedia (including services from Tallent) may be subject to additional terms and conditions. You agree that if you accept any of these additional services or products, you will abide by their additional terms and you further agree that a violation of those terms while you are accessing those products through a Mercury Intermedia product shall constitute a breach of these Terms of Service.

Registered User Information
Use of the ScreenServer requires registration and the provision of certain non-personally identifiable information (such as a zip code to identify your general location). Access to some additional services offered by the Sponsor, advertisers, or Mercury Intermedia may require the user to register and provide additional information to Tallent, some of which may be personally identifiable such as name or e-mail address. If you register a ScreenServer or register for any such additional product or service, you agree to provide accurate and complete registration information and you agree to keep such information current.

The Mercury Intermedia Privacy Policy (which follows below) explains how Tallent collects and uses information and the choices you have with that information. You consent to Tallent using your registration information and other information collected by Tallent under the terms of the Mercury Intermedia Privacy Policy.

By registering or using Mercury Intermedia products, you consent to the collection and use of your personal information in accordance with the Mercury Intermedia Privacy Policy and the transfer of this information to the United States or other countries for the processing and storage by Tallent. Additionally, you agree that Tallent may use such information to authenticate you on Mercury Intermedia, help store your registration and transaction-related information, and enable you to take advantage of offerings from Tallent and its affiliated providers.

Modifications to the Terms of Service
Tallent may change the Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use of the Mercury Intermedia Products. Tallent will provide at least ten days’ notice before any material changes take effect. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using the Mercury Intermedia Products.

Communications
You are responsible for obtaining your own Internet access and hardware for access to and use of the Mercury Intermedia service and for all charges related thereto. Any communications charges incurred by you to access Mercury Intermedia services are your responsibility. If you are accessing Mercury Intermedia through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, your carrier, such as a wireless carrier, may charge service fees for services that require the use of airtime and wireless data services. Check with your carrier to verify the fees that may apply to you.

Content You May Use
Tallent, the Sponsor, and their vendors who post Content on Mercury Intermedia own the property rights to that Content. The Content is protected by copyright, trademark, patent, and trade secret laws, international treaties, and other proprietary rights, and also may have security components that protect digital information only as authorized by such owner. You agree that you will not take any action to interfere with Tallent’s, the Sponsor’s, or their vendors’ ownership of or rights in the Content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content.

You may use Content available on the Mercury Intermedia only for personal, non-commercial purposes. You may be given the opportunity to download certain Content, but you may do so only to the extent as authorized for that particular Content and only for your personal use. You may not use the Content in a manner that exceeds the rights granted for your use of the Content, which includes unauthorized copying or distribution of the Content or creating an unauthorized derivative work.

Changes to the Service
Tallent has the right at any time to change, modify, add to, or discontinue any aspect or feature of the Mercury Intermedia service, including without limitation the Software, Content, hours of availability, equipment needed for access or use, or the availability of Mercury Intermedia services on any particular device or communications service. Tallent has no obligation to provide you with notice of any such changes.

U.S. Government End Users
The Software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth herein.

Export Control
You agree to comply with all export and import laws and restrictions and regulations of the United States or any foreign agency or authority, and not to export, re-export or import the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. For example, you may not export or re-export any commodities, software, or technical data received from Tallent, or any direct product of such commodities, software or technical data, to any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the U.S. Government unless properly authorized. As applicable, each party shall obtain and bear all expenses and responsibility relating to any necessary licenses and/or exemptions with respect to its own export or re-export of the Software from the U.S.

No Support by Tallent
You understand that your use of the Software is at your own risk and that Tallent provides no assistance other than any information posted on the Mercury Intermedia website located at www.mercuryintermedia.com. Tallent is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Software.

No Endorsement
The ScreenServer or other Mercury Intermedia products may display advertisements from third parties, but neither Tallent nor the Sponsor has made any investigation of, endorses, or is responsible for the content, claims, or products of such advertisements. The ScreenServer or other Mercury Intermedia products also may contain links to other websites, resources, and advertisers; neither Tallent nor the Sponsor is responsible for the availability of these external sites nor does either Tallent or the Sponsor endorse or have any responsibility for, the aesthetics, appeal, suitability to taste, subjective quality, or legality of informational content, advertising, products, or other materials made available on or through such external sites. Under no circumstances shall Tallent or the Sponsor be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of, reliance on, or exposure to any content, goods, or services that are the subject of such advertisements or are available on such external sites.

Disclaimer of Warranty; Limitation of Liability
DISCLAIMER OF WARRANTIES. YOUR USE OF THE MERCURY INTERMEDIA SERVICES AND SOFTWARE IS AT YOUR SOLE RISK. THE MERCURY INTERMEDIA SERVICES AND SOFTWARE ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, TALLENT AND THE SPONSOR DISCLAIM IMPLIED WARRANTIES THAT THE MERCURY INTERMEDIA SERVICES AND SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. TALLENT AND THE SPONSOR DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MERCURY INTERMEDIA SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE MERCURY INTERMEDIA SERVICES AND SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MERCURY INTERMEDIA SERVICES AND SOFTWARE WILL BE CORRECTED. TALLENT AND THE SPONSOR DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MERCURY INTERMEDIA SERVICES, SOFTWARE, OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. TALLENT PROVIDES THE MERCURY INTERMEDIA SERVICES AND SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE MERCURY INTERMEDIA SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT TALLENT WILL HAVE ADEQUATE CAPACITY FOR THE MERCURY INTERMEDIA SERVICES AS A WHOLE.

LIMITATION OF LIABILITY. TALLENT‘S AND THE SPONSOR‘S COMBINED ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH TALLENT OR THE SPONSOR (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SOFTWARE OR MERCURY INTERMEDIA SERVICES) IS TO DISCONTINUE YOUR USE OF THE MERCURY INTERMEDIA SERVICES AND SOFTWARE. NEITHER TALLENT NOT THE SPONSOR SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE MERCURY INTERMEDIA SERVICES OR SOFTWARE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION OF MERCURY INTERMEDIA SERVICES AND SOFTWARE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF TALLENT OR THE SPONSOR HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TALLENT‘S AND THE SPONSOR‘S INDIVIDUAL AND COMBINED LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NEITHER TALLENT NOR THE SPONSOR ENDORSES, WARRANTS OR GUARANTEES ANY PRODUCT OR SERVICE OFFERED THROUGH MERCURY INTERMEDIA SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Indemnification
You agree to defend, indemnify and hold harmless Tallent, the Sponsor, their vendors, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys‘ fees, arising out of your use of the Mercury Intermedia services and products. Tallent reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall have no further obligation to provide such indemnification.

Termination
Tallent has the right to terminate the Software license or your access to Mercury Intermedia services for any reason or without cause. Tallent may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Mercury Intermedia Products.

Trademarks
All trademarks appearing on the Mercury Intermedia Products are the property of their respective owners, including without limitation Tallent and the Sponsor.

Electronic Delivery Policy
Tallent, as an online business, transacts with its users electronically. WHEN YOU SIGN UP FOR ANY MERCURY INTERMEDIA PRODUCT, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM TALLENT ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS (COLLECTIVELY, “NOTICES”). You agree that Tallent can send you electronic Notices by posting Notices on a welcoming screen or top page of the relevant Mercury Intermedia product or by e-mail to the address provided at registration. You must check your designated e-mail address regularly for Notices. You must have a personal computer with a modem connected to a communications source (telephone, wireless, or broadband), a Windows-based operating system or a Macintosh-based operating system with an Internet browser and Internet e-mail software in order to access electronic communications. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of the Terms of Service by clicking on the “Terms of Service” link on the Mercury Intermedia website (www.mercuryintermedia.com). The delivery of any Notice from Tallent is effective when sent by Tallent, regardless of whether you read the Notice when you receive and whether or not you actually receive the delivery. Your only method of withdrawing consent to receive Notices electronically is to terminate your use of the Mercury Intermedia Products.

Miscellaneous
The provisions of these Terms of Service addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property, and governing law shall survive the termination of these Terms of Service, your use of the Mercury Intermedia services or products, and your registration with Tallent. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Service. These Terms of Service and any operating rules for any areas of functionality of the Mercury Intermedia products established by Tallent constitute the entire agreement between Tallent and you regarding the subject matter of these Terms of Service and supersede all previous written or oral agreements. In the event of any inconsistency between these Terms of Service and any such other terms of use or operating rules of a specific Mercury Intermedia service or product, these Terms of Service will supersede such other terms of service or operating rules. The Terms of Service shall be governed by and construed in accordance with the laws of the State of Tennessee without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Service and/or your use of the Mercury Intermedia services or products resides in the courts located in the State of Tennessee, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. The foregoing provision may not apply to you depending on the laws of your jurisdiction. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.