Penn Atlantic - www.pennatlantic.com  
 
   


PartnersPrivacy PolicyTerms Of Use

TERMS OF SERVICE 
 

1. Ownership of Website

The Website is owned and operated by Penn Atlantic, Inc. ("PA").  PA and its respective operators, affiliates, conferences, individual institutions, employees, directors, and officers shall be collectively referred to herein as the "Operators". All materials distributed in the Website (the "Materials") are either owned by or licensed to PA. PA and its licensors retain all proprietary rights in and to the Materials. Except as otherwise provided herein, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of PA. Materials must not be used in any unauthorized manner.

2. Acceptance of Terms

The Operators provide the Website to you, subject to the following terms of service which may be updated by us from time to time without notice to you. It is important for you to refer to these terms of service from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made. Your use of the Website constitutes your acceptance of these terms of service.

3. Service Description

The Operators provide, or may provide in the future, users with access to a vast collection of online resources, including various communications tools, online forums, shopping services, personalized content and branded programming through its service. Unless explicitly stated otherwise, any new features that augments or enhances the service shall be subject to these terms of service. The Operators may change, suspend or discontinue any aspect of its service and the Website at any time. The Operators may also impose limits on certain features and services or restrict access to parts of or all of the Website and the service without notice or liability. In order to use the service, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated therewith. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You agree that these terms of service are personal to you and that you may not resell, lease, license, assign or redistribute the services, in whole or in part, to any third party. The Operators may offer other services from time to time, which are governed by different terms of service.  

4. Copyright; Trademark

The Website, the Materials and the services are protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws and are owned or controlled by PA or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the service. Copying or storing any part of the service is expressly prohibited without prior written permission from PA or the copyright holder as identified on the Service.

5. Claims of Copyright Infringement

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). PA intends to designate to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Website (the "Designated Agent"). All such notifications relating to this Website must be submitted in a manner consistent with the DMCA to the following Designated Agent:

Service Provider: Penn Atlantic, Inc. 
Name and address of Designated Agent: 
Mary Pennington 
Penn Atlantic, Inc. 
193 King Street 
Suite 3C
Charleston, SC 29401 

Telephone Number of Designated Agent: (843) 973-3329 
Facsimile Number of Designated Agent: (843) 881-3646 
Email Address of Designated Agent:

6. Purchasing; Price; Payment.

In order to purchase any subscription-based Service (the "Subscription Services") on the Website, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address. (The Website's Privacy Policy explains how such information may be collected and used.) Your ability to purchase Subscription Services is subject to limits established by your credit card issuer. You must notify us immediately of any change in your credit card information, including any change to your home address. The Operators may bill your credit card at the time the Subscription Services are ordered and/or shipped. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. The Operators may in their sole discretion decline service to or terminate any account. Neither The Operators nor their vendors are responsible for and must not be held liable for any breaches in transaction security by any third party.

The Subscription Services, depending on which you subscribe to, may allow you to, among other things: watch certain live and/or video on demand college sporting events and/or post-game video clips and/or video clip compilations; listen to certain live and/or video on demand college sports radio broadcasts; and/or receive college sports-related textual content. The Subscription 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 Subscription Services are subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, buffering, strobing or loss of connection.

Except as otherwise provided in these terms of service or in the Operators' offer(s) for Subscription Services, your Subscription Service is provided on a per game, package, seasonal or annual basis and will automatically continue until you cancel it. You may cancel it by contacting Penn Atlantic Customer Service via email as . By accepting these terms of service, you agree that the Operators may notify you about changes to prices or services by sending an e-mail message to your e-mail address on file with the Operators, and by publishing such notices from time to time on the informational page(s) of the Website applicable to the Subscription Services. It is your responsibility to notify the Operators of any change in your e-mail address.

Programming, pricing, terms and conditions of the Subscription Services are subject to availability and change.

Activation of Subscription Services, and subsequent ability to access Subscription 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 the Operators (e.g., your IP address). Scheduled games may be cancelled or substituted when necessary. Applicable taxes are not included and are the responsibility of the subscriber. Blackout restrictions may apply to certain Subscription Services.

7. Votes; Contests; Sweepstakes

The Website may offer you opportunities to vote in connection with certain events and also to enter contests and sweepstakes. By participating in any such event, contest or sweepstakes, you signify your agreement to all special terms set forth on the Website applicable to that event, contest or sweepstakes as well as the terms of these terms of service.

8. Linking

The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the Website to other websites maintained by third parties do not constitute an endorsement by the Operators or any of their affiliates of any third party website or content. The Operators are not responsible for the availability of these third party resources or their content. You should direct any concerns regarding any external link to its website administrator or Webmaster.  

9. Disclaimer of Warranties

A. USE OF THE WEBSITE, THE SERVICES, ANY SUBSCRIPTION SERVICES AND ANY MERCHANDISE ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.

B. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY THE APPLICABLE VENDOR, THE WEBSITE, INCLUDING, BUT NOT LIMITED TO THE SERVICE, ALL MATERIALS, MERCHANDISE AND SUBSCRIPTION SERVICES 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 MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

C. THE OPERATORS DO NOT WARRANT THAT: (1) THE WEBSITE, THE SERVICES OR THE SUBSCRIPTION SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE, MERCHANDISE, SERVICE OR SUBSCRIPTION SERVICES WILL BE CORRECTED; (3) THE WEBSITE, THE SERVICES, THE MERCHANDISE OR THE SUBSCRIPTION SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE, THE SERVICES, ANY MERCHANDISE OR SUBSCRIPTION SERVICES WILL BE ACCURATE OR RELIABLE.

10. Limitations on Liability

A. IN NO EVENT SHALL THE OPERATORS BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE SERVICES OR MERCHANDISE.

B. IN NO EVENT SHALL THE OPERATORS, THEIR VENDORS OR ANY OTHER PA ENTITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE, SERVICES, MERCHANDISE OR SUBSCRIPTION SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF THE OPERATORS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF THE OPERATORS, THEIR VENDORS, AND ANY PA ENTITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE SERVICES, THE MERCHANDISE OR THE SUBSCRIPTION SERVICES IS $50.

D. IN NO EVENT SHALL THE OPERATORS OR ANY OTHER PA ENTITY BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE, INCLUDING THE AVAILABILITY OF ANY SERVICE OR ANY OTHER SITE FEATURE.

11. Indemnification

You hereby agree to indemnify and hold PA, its partner educational institutions, collegiate athletic conferences, professional sports leagues and clubs, vendors, as well as each of their respective general and limited partners, members, shareholders, directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Website, any Services, any Subscription Services; or (B) any alleged breach of these terms of service by you.

12. Termination

The Operators may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. The Operators 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 the Operators' exclusive discretion, without prejudice to any legal or equitable remedies available to the Operators, for any reason or purpose, including, but not limited to, conduct that the Operators believe violates these terms of service or other policies or guidelines posted on the Website or conduct which the Operators believe is harmful to other customers, to the Operators' business, or to other information providers. In addition, these terms of service may be immediately terminated at any time by the Operators in their sole discretion. In addition and without prejudice to any other remedy available to the Operators, the Operators may immediately terminate these terms of service if you breach any term of these terms of service or other operating term set forth by the Operators.

13. Choice of Law; Jurisdiction; Attorneys' Fees

This Agreement will be governed by the laws of the State of South Carolina applicable to contracts entered into and performed exclusively in that state. Any court of competent jurisdiction sitting within Charleston County, South Carolina will be the exclusive jurisdiction and venue for any dispute arising out of or relating to these terms of service and the Website. 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. The Operators will be entitled to recover their court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of these terms of service.

14. Miscellaneous

These terms of service constitute the entire agreement between the parties, and supersede all prior written or oral agreements or communications with respect to the subject matter herein. The Operators in their sole discretion may amend these terms of service, and your use of the Website. If any term in these terms of service is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in these terms of service are for convenience only and must not be given any legal import.