YOUR ACCEPTANCE: BY USING THIS WEBSITE AND/OR BY CLICKING "SUBMIT" ON THE PAY PER VIEW AND/OR PURCHASE PAGE, YOU AGREE TO AND SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS OF PURCHASE (referred to as the "Terms of Use"), WHICH ARE SET FORTH BELOW AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY AND/OR ALL OF THE TERMS OF USE, THEN DO NOT USE THE WEBSITE NOR ANY PROGRAMMING AND/OR VIDEO BROADCASTS AND/OR SERVICES OFFERED OR PROVIDED BY B2 NETWORKS. All Content available or offered by B2 Networks and/or through the B2LiveTV.com and/or B2Networks.com domain names and websites are collectively herein referred to as the "B2Networks Website" or "Website" or "Site").
BY CLICKING "SUBMIT" on the B2 Networks’ Pay per View and/or purchase page, YOU FURTHER AGREE that the broadcast that you are about to pay for and view is the property of B2 Networks, it’s partners, leagues, teams and subsidiaries and is intended for the private use of our audience and for display and viewing on a Screen, television or computer not greater then 60 inches within a home or private residence. Any rebroadcast, retransmission or redistribution of the pictures, descriptions and accounts of this game without the expressed written consent of B2 Networks, the league and or teams contained within or on the broadcast is strictly prohibited. B2 Networks broadcast(s) via the B2Networks Website are for individual use of our audience within a home or private residence, not for use in a Commercial Establishment -- Commercial Establishments must contact B2Networks at wtvcserv@b2-networks.com and enter into a Commercial Establishment license subscription agreement).
Any display, manipulation, or components of any B2 Networks broadcast, including the pictures, description and accounts of any B2 Networks broadcast that is displayed or viewed in any for profit organization, commercial establishment, restaurant, public establishment, government building, arena, venue, theater, and/or establishments serving and charging for food and beverages without the expressed written consent of B2 Networks, the league and or teams contained within or on the broadcast is STRICTLY PROHIBITED.
Limited use of the Site and its Programming and Video Broadcasts is offered to you by B2 Networks subject to, and conditioned upon your acceptance of, these Terms of Use.
1.1 B2 Networks grants you (the one single residential household charged the Pay per View and/or subscription amount) a license to view and use the particular programming (“Programming”), video feed and/or video broadcast (“Video Feed” and/or “Video Broadcast”) for your Payment for the particular program or Video feed on B2 Networks.. You will automatically be charged the Pay per View and/or Purchase Page amount as listed on your selected Pay per View Page upon clicking the submit button. B2 Networks has provided free demonstration video streams to test your ability to received video streams from B2 Networks. It is required that you test these free demonstration video streams before purchasing or subscribing to any B2 Networks video channel(s) or season pass(es). B2 Networks at its sole discretion will provide refund(s) to users for reasons related in any way to the users ability to receive a satisfactory video stream from B2 Networks and or specific event broadcast(s) that are cancelled for any reason.
1.2 Copyright. The Site content and Site code, Programming and Video Feeds and Broadcasts, including without limitation, the text, software, scripts, graphics, photos, sounds, audio, music, videos, and the like (collectively, the "Content"), are owned by B2 Networks and/or its licensors and content providers and are protected by applicable domestic and international copyright laws. Copyright B2 Networks, Inc. All Rights Reserved. Unless expressly permitted elsewhere in the Site by B2 Networks, you shall not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Site Content, Programming and Video Feeds in whole or in part. Links to the Site, other than to the Home Page, are only permitted upon express permission from and arrangement with B2 Networks. Any rights not expressly granted to you in are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
1.3. Trademark. B2 Networks and B2 Networks LLC are trademarks and service marks belonging to B2 Networks, Inc. (the "B2 Networks Marks"). Any product, service, or trade name other than those owned by B2 Networks that identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that respective entity or individual. Any unauthorized use of the B2 Networks Marks is strictly prohibited.
2.1 License. B2 Networks grants you a non-exclusive, non-transferable, limited right and license to access and use this Site, and view the channel(s), programming, video feeds paid for or subscribed by you by way of one (1) computer connected to the Site over the Internet at any given time, and in strict conformity with these Terms of Use. You may not publicly display any portion of the Site, or any films or other audiovisual or digital works available at this Site, without a written license signed by a party authorized to legally bind B2 Networks to such a contractual arrangement. Any other use or exploitation of this Site, including the Site Content or Site Code, Programming and Video Feeds is strictly prohibited.
2.2 Payment. You agree to pay, using a valid credit card which B2 Networks accepts, the PPV, video channel or season pass subscription charges set forth on the Site, applicable taxes, and other charges incurred on your account in order to access these services. B2 Networks reserves the right to increase fees, surcharges, and site subscription fees, or to institute new fees at any time, upon reasonable notice posted in advance on this Site. B2 Networks will automatically charge your account for your selection. In the event B2 Networks cannot charge your account, we reserve the right to terminate your access to the Fee-Based Services.
2.3 Non-Commercial/Personal Use Limitation. B2 Networks grants you this license for the limited purpose of personal use, and not for any commercial purpose. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use this Site, the video channels, images or descriptions within the video broadcasts without prior written permission. You hereby agree not to use the Site, the Materials, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever.
2.3.1 Unauthorized Use By a Commercial Establishment – Liquidated Damages. Any Commercial Establishment, as defined herein, who, without authorization or license, clicks “Submit Order” on the Pay per View and/or purchase page of B2 Networks’ Website and displays the game and/or event in their commercial establishment, acknowledges that such unauthorized display shall result in substantial damages and injury to B2 Networks, the precise amount of which would be extremely difficult or impracticable to determine, even after B2 Networks made a reasonable endeavor to estimate fair compensation for such potential losses and damages. Therefore, any Commercial Establishment who, without authorization or license, displays the game and/or event in their commercial establishment, shall be obligated to pay, and agrees to pay to B2 Networks the sum of Ten Thousand Dollars ($10,000), per violation, as a reasonable and fair amount of liquidated damages to compensate B2 Networks for its loss or damage resulting from each individual unauthorized display of B2 Networks’ content in a commercial establishment. The Parties hereto further agree that such sum bears a reasonable and proximate relationship to the actual damages which B2 Networks will or might suffer from each violation and material breach of the terms of this Agreement and that this amount is not a penalty. In addition, any Commercial Establishment who, without authorization or license, clicks “Submit Order” on the Pay per View and/or Purchase page of B2 Networks’ Website and displays the game and/or event in their commercial establishment, hereby authorizes, agrees to and gives B2 Networks the immediate and uncontestable right to bill and fully charge the credit card the Commercial Establishment used to purchase said game or event for the then current applicable Commercial market delivery price or rate for the games or events similar to the events or games that they purchased and displayed at the Consumer Purchase Price.
2.4 Nature of Services. B2 Networks offers its Site services for entertainment purposes only. B2 Networks does not warrant the truth or validity of the information contained on its site. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, B2 Networks is not responsible for errors in or omissions from the information contained or accessed through the Site. ALL INFORMATION AND CONTENT ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
2.5 Username/Password. B2 Networks may issue now or in the future, you a username and/or password for access to certain portions of, or services provided via, the Site. You shall hold and secure any such username or password as strictly confidential. Accordingly, you shall not allow friends, family, business associates or other persons access to or use of such username or password, site code, programming and/or video feeds. B2 Networks shall not be responsible whatsoever in the event that your password is misappropriated by a third party.
2.6 Reservation of Rights. Any rights not expressly granted by B2 Networks herein are reserved. You may not download, modify, publish, post, transmit, transfer or sell, reproduce, create derivative works from or based on, distribute, perform, publicly display, or in any way exploit any of the Site Content, in whole or in part, without the prior written consent of a party authorized to bind B2 Networks, except as expressly permitted in these Terms of Use.
3.1 Terms relating to offerings.
3.1.1 Our Pay per View and Subscription offerings are available at different price points, currently ranging from US6.00 USD to 200.00 USD per channel per view and/or month/year and we reserve the right to change those at any time. At any event, whatever the price, it will always be clearly marked on the subscription and/or Pay per View page for the channel, season pass, or event and clearly marked when you enter your credit card information.
3.1.2 A valid credit card (VISA, MasterCard, AMEX) is required to pay for the Subscription Programming and/or Video Feed offerings. The fee will be charged only when you submit the credit card info to us by clicking the submit button on the Site or by other means, i.e. phone call or fax, which gives permission for B2 Networks to charge your account.
3.1.3 Once you subscribe to a particular video channel(s), season pass(es) or event you're not limited to watching it on one computer. You are limited to watching it on one computer at one time but can do so from multiple computers. We do, however, reserve the right to change that policy at any time and from time-to-time.
3.2 Terms relating to our Subscription Service.
3.2.1 Terms Relating to Refunds. It is strongly recommended that you utilize the free test on B2 Networks website at www.b2tv.com under the Support and Getting Started section of the Site to access the quality of your viewer experience before subscribing to any video channels, season pass(es) and/or events on B2 Networks.
3.3 E-Mail & Communications. By subscribing to a season pass or purchasing a PPV event(s) or video programming you hereby give B2 Networks its participating teams and leagues the right to email you regarding your purchase, credit and transaction information about your purchase(s) and information regarding updates and future programs, events and information that is directly related to viewing events related to your specific team and or league that you subscribed to and/or purchased a PPV and/or Subscription and or Live Event for.
4.1 As with any on-line interaction and electronic communication, there is an inherent risk involved in transmitting any information via the Internet. B2 Networks does not and cannot guarantee that its system is free from hackers or viruses or that information provided by users to B2 Networks will not be stolen or otherwise surreptitiously obtained. B2 Networks is not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the Materials contained on this Site. You hereby acknowledge and understand that such risk is inherent in interacting with any website, including this Site, and you take full responsibility for any harm, danger or damage that ensues due to any such breach in security. Pursuant to these Terms of Use, B2 Networks expressly disclaims any such liability. In addition, you agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and you shall be responsible for all charges related thereto.
4.2 NEITHER B2 NETWORKS NOR ANY PROVIDER OF CONTENT FOR THE SITE OR THEIR RESPECTIVE AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, FREE FROM VIRUSES OR SECURITY BREACHES; NOR DOES B2 NETWORKS, ANY PROVIDER OF CONTENT TO THE SITE, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. THE SITE CONTENT IS NOT GUARANTEED TO BE ACCURATE, TIMELY OR VERIFIED. THE SITE AND THE SITE CONTENT ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS. B2 NETWORKS AND ITS AGENTS DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY GOODS OR SERVICES SOLD THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA THE SITE IS ASSUMED SOLELY BY YOU.
4.3 NEITHER B2 NETWORKS, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.4 WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF B2 NETWORKS, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
4.5 Termination. In addition to any other rights of the parties set forth herein, B2 Networks may cancel or terminate this agreement at any time in accordance with the subscription, programming and/or Video Feed. B2 Networks also reserves the right to restrict, suspend or terminate your access to the Fee-Based Services in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this agreement and these Terms of Use. If B2 Networks terminates this agreement based on a breach of any portion of this agreement and these Terms of Use, B2 Networks reserves the right to refuse to provide a subscription or any Fee-Based Services to you in the future and/or credit for purchased services.
5.1 Notices. Notices by B2 Networks to you may be given by means of a general posting at the Site. Notices (including questions, complaints, or legal notices) by you may be given by electronic messages or conventional mail, unless otherwise specified in these Terms of Use as follows:
(i) Electronic mail (e-mail) must be sent to wtvcserv@b2-networks.com
(ii) Mail and courier deliveries must be sent to: B2 Networks, Inc., 13330 Noel Road, Suite 308, Dallas, Texas 75240
5.2 Governing Law/Forum Selection. This agreement and these Terms of Use shall in all respects be interpreted, enforced and governed solely by and under the laws of the State of California applicable to instruments, persons, transactions and subject matter which have legal contacts and relationships and with contracts made and performed solely within the County of Los Angeles, State of California, without regard to conflict of laws principles. You hereby consent that each and every controversy between the parties hereto regarding existence, validity, interpretation, performance, enforcement or claimed breach of this Agreement or as otherwise arising out of or relating to these Terms of Use, or this Site and/or the services provided by B2 Networks, shall be subject to the exclusive jurisdiction and venue of the courts in the State of California, County of Los Angeles, City of Los Angeles.
5.2.1 Attorneys’ Fees – Prevailing Party. In connection with any such controversy, the prevailing party is entitled to recover its costs, including reasonable attorneys’ fees incurred in connection therewith.
5.3 Full Integration. These Terms of Use constitute the entire agreement between you and B2 Networks related to this Site and the services provided pursuant to this agreement. No prior or contemporaneous written, oral, and electronic representation, negotiation, or agreement form a part of this agreement, and these Terms of Use supersede all prior written, oral, or electronic agreements between you and B2 Networks relating to this Site.
5.4 Written Agreement. These Terms of Use constitute a written agreement between you and B2 Networks. A printed version of these Terms of Use, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
5.5 B2 Networks makes no representation or warranty that the Materials in this Site are legal, appropriate or available for use in all locations. Those who choose to access this Site do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
5.6 Electronic Form of Agreement. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
5.7 Modifications. B2 Networks has the right to modify this Agreement and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of B2 Networks in providing the Site, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Fee-Based Services, is to cancel your subscription in accordance with the current subscription rules in effect at the time of cancellation. B2 Networks has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. B2 Networks may also impose limits on certain features and services or restrict your access to parts or all of the B2 Networks Site without notice or liability.
5.8 The parties hereto have expressly required that this Agreement and all deeds, documents and notice relating thereto be drafted in the English Language.
5.9 In the event that any provision hereof is deemed to be illegal or unenforceable, such a determination shall not affect the validity or enforceability of the remaining provisions thereof, all of which shall remain in full force and effect. In the event that such any provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law.
5.10 As used in this agreement, the masculine, feminine and neuter gender, and singular or plural number shall each be deemed to include the other and others whenever the context so indicates.
5.11 The captions appearing at the commencement of certain paragraphs hereof are descriptive only and for convenience of reference. Should there be any conflict between any such caption and the paragraph at the head of which it appears, the paragraph, and not such caption, shall control and govern in the construction of this agreement.
BY CLICKING “SUBMIT ORDER” ON THE B2 NETWORKS PAY PER VIEW AND/OR PURCHASE PAGE(S), AND/OR BY YOUR USE OF B2 NETWORKS' SITE AND/OR ITS PROGRAMMING AND/OR ANY OF ITS VIDEO BROADCASTS, YOU HAVE READ, APPROVED AND AGREE TO EACH OF THE PROVISIONS SET FORTH IN THESE TERMS OF USE.