TABLE OF CONTENTS
- Introduction; General; Ownership; Prohibitions
- Notice and Procedure for Making Claims of Copyright Infringement
- Community Features
Special Terms and Conditions Applicable to Sales; Customer Service Contact Information
- Price Modifications; Merchandise and Services Availability
- Required Notices of Certificates of Authenticity
- Customer Service
- Purchasing; Price; Payment
- Sales Tax
- Votes, Contests, Sweepstakes
- Disclaimer of Warranties
- Limitations on Liability
- Choice of Law; Jurisdiction; Attorneys' Fees
- Notice for California Consumers
1. INTRODUCTION; GENERAL; OWNERSHIP; PROHIBITIONS Use of SNY.TV (this "Website") and all products and services provided and/or distributed (whether via this Website or elsewhere) by Sterling Entertainment Enterprises, LLC, d/b/a SportsNet New York ("SNY") in association with MLB Advanced Media, L.P. ("MLBAM") are subject to this Agreement. SNY, MLBAM, and their respective operators, members, teams, affiliates, employees, directors, and officers shall be collectively referred to herein as the "Operators." References to this Website and all materials contained in this Website and/or otherwise accessible via other interactive media locations controlled or operated collectively by the Operators will be referred to herein collectively as the "SNY Properties" and individually as a "SNY Property." By using this Website or the other SNY Properties or by clicking a box that states you agree to this Agreement, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the SNY Properties.
Except for Submitted Content (defined below), the SNY Properties are either owned by or licensed to SNY. The applicable owners and licensors retain all rights to the SNY Properties, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the SNY Properties on any single computer for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the SNY Properties without first obtaining the written permission of SNY or otherwise as expressly set forth in the terms and conditions of the applicable SNY Properties. The SNY Properties must not be used in any unauthorized manner. In some instances, this Agreement and a separate end user license agreement or similar agreement will apply to the SNY Properties. By using this Website or the other SNY Properties you acknowledge that you have reviewed all terms and conditions applicable to the product or service in question and agree to be bound by the terms and conditions.
You must not use the SNY Properties or Community Features (defined below) to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of the Operators or any third party, however denominated, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (ii) transmit, store or otherwise make available material which disrupts this Website or the other SNY Properties, imposes an unreasonable or disproportionately large load on this Website's or the other SNY Properties' infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying this Website or the other SNY Properties; (iii) transmit, store or otherwise make available material which is false, threatening, abusive, libelous, defamatory, obscene, vulgar, demeaning, offensive, pornographic, profane, sexually explicit, indecent, inappropriate, constitutes hate speech, or which adversely affects the Operators' business or is otherwise objectionable in MLBAM's sole discretion; (iv) transmit, store or otherwise make available material which constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (v) transmit, store or otherwise make available a virus, trojan horse, worm, time bomb, spyware, bot or other harmful or deleterious programming routine; (vi) transmit, store or otherwise make available material which contains any information, software or other material of a commercial nature; (vii) transmit, store or otherwise make available material which contains advertising, promotions, "junk mail", "spam", "pyramid schemes", "chain letters" or solicitation of any kind; (viii) transmit, store or otherwise make available material which constitutes or contains false or misleading indications of origin or statements of fact; (ix) exploit, harm, personally attack (personal attacks include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) or impersonate players, management, employees of baseball, or any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) use or attempt to use another's information, account, password, service or system except as expressly permitted; (xi) solicit, collect, transmit, store or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers, or credit card numbers; (xii) use automated scripts to collect information from or otherwise interact with this Website or the other SNY Properties; and (xii) transmit, store or otherwise make available material which is irrelevant to the subject matter of the Community Features (defined below).
Third party text, photo, graphic, audio and/or video material, including that provided by STATS/Associated Press ("AP") (collectively, the "Third Party Materials"), contained on or incorporated in the SNY Properties shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Third Party Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. No third party provider, including without limitation AP, will 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 the Third Party 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. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), SNY has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website or the other SNY Properties (the "Designated Agent"). All such notifications relating to this Website or the other SNY Properties must be a written communication and must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SNY to locate the material.
D. Information reasonably sufficient to permit SNY to contact the complaining party, such as an address, telephone number, and/or electronic mail address.
E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Claims of infringement which include the above required information must be submitted via postal mail, fax or e-mail to SNY's Designated Agent as follows:
Comcast Sports Group, One Comcast Center, Philadelphia, PA 19103,
Attn: Business and Legal Affairs
The Operators and their third-party providers (the "Vendors") do not monitor, endorse, edit or screen your Submitted Content, although SNY and its Vendors reserve the right to do so, and neither the Operators nor the Vendors shall be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential and that your Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content via the Community Features, no confidential, fiduciary, contractually implied or other relationship is created between you and the Operators or between you and the Vendors other than as expressly set forth in this Agreement. You acknowledge that the Operators are not responsible for, and cannot and do not guarantee, the accuracy, completeness or reliability of information in any material posted or submitted by any user of the Community Features. You represent that your Submitted Content is an original work by you or that you have all necessary rights in it and to submit it to the Operators under the terms of this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If MLBAM determines, in MLBAM's sole discretion and judgment, that your Submitted Content violates or may violate any of the terms of this Agreement, MLBAM reserves the right to (a) refuse to allow you to upload information or otherwise transmit material; (b) remove and delete your Submitted Content; (c) revoke your right to use this Website, the Community Features and/or the other SNY Properties; and/or (d) use any technological, legal, operational or other means available to the Operators to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on this Website, the Community Features or on the other SNY Properties.
You are solely responsible for your interactions with other users of the SNY Properties. You may use various features (e.g., the "Report Abuse" button within a Discussion string on our Message Boards) of certain Community Features to report violators. Certain blogs affiliated with this Website have separate and different commenting guidelines or other standards posted. Please read the applicable standards and guidelines carefully before submitted content to those blogs.
We reserve the right, but have no obligation, to monitor disputes between you and other users.
By transmitting your Submitted Content via the Community Features, you grant, and represent and warrant that you have the right to grant, to the Operators a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media or technology known or hereafter developed.
4. SPECIAL TERMS AND CONDITIONS APPLICABLE TO SALES OF PRODUCTS AND SERVICES; CUSTOMER SERVICE CONTACT INFORMATION The NY Team Shop allows you to order products supplied by independent merchandise Vendors. Products purchased via the NY Team Shop and are referred to herein as "Merchandise". Via certain SNY Properties, you can subscribe to or download audio, video and audiovisual content, fantasy and other games and other products and services (collectively, "Services"). In addition, you can buy SNY products and services from locations other than this Website or the other SNY Properties (e.g., via third party storefronts, including, without limitation, wireless carriers, online music and/or video download and streaming sites, video game console services, third party websites, etc.) (collectively, "Third Party Sales Locations").
ALL PURCHASES ARE SUBJECT TO PRODUCT AVAILABILITY. THE OPERATORS EXPRESSLY DISCLAIM 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 THE SNY PROPERTIES, ANY THIRD PARTY SALES LOCATIONS OR ANY PRODUCT OR SERVICE THEREIN, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY PRODUCTS, MERCHANDISE, TICKETS OR SERVICES.
The Services and all other products offered via the SNY Properties are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.
A. Price Modifications; Merchandise and Services Availability SNY reserves the right to modify the price of any Merchandise, Services or any other products offered via the SNY Properties. SNY is not responsible for any error in copy or images relating to Merchandise, Services or any other products offered via the SNY Properties. Any auction or offer to sell any Merchandise, Services or any other products offered via the SNY Properties, may be discontinued at any time in SNY's and/or MLBAM's discretion.
With respect to Merchandise offered and/or sold via the NY Team Shop, we cannot confirm the price or availability of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process (with the exception of any special order or customized/personalized products, which will be billed immediately after the order is received). Despite our best efforts, a small number of the items in the NY Team Shop or in our printed catalogs may be mispriced. If we discover a mispricing, we will do one of the following:
• If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
• If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
The Services and any other applicable products offered via the SNY Properties 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.
B. Required Notices of Certificates of Authenticity With respect to the sale of certain Merchandise through NY Team Shop to residents of the State of California, the following notice is provided pursuant to California Civil Code, Title 1.1A, Autographed Sports Memorabilia, Cal Civil Code § 1739.7 (2001):
SALE 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.
With respect to the sale of certain Merchandise on this Website, the following notice is provided pursuant to New York Arts and Cultural Affairs Law, Title V-1, Sale of Autographed Sports Collectibles, NY CLS Art & Cult Affr § 60.04 (2006):
SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING PERSONALLY AUTOGRAPHED FOR TWENTY-FIVE DOLLARS OR MORE MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE.
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 SNY or Vendor's database will provide the name of the signer and the date the item was signed. Information about where to find details about each item and its unique identification number is accessible through the applicable pages of the NY Team Shop.
C. Customer Service Should you have any questions about the purchase of Merchandise via the NY Team Shop, please call MLB.com Shop Customer Service at 888-MLB-SHOP (888-652-7467) within the U.S., or e-mail firstname.lastname@example.org.
By purchasing any Merchandise, Services or any other products offered via the SNY Properties, you acknowledge and agree that your credit card is being charged by the payment processor of the Operators or their Vendor, the operator of such product or service (for purposes of this Agreement, such payment processor also a "Vendor").
By utilizing a credit or debit card for purchase of any Services or any other applicable products offered via the SNY Properties, you authorize SNY to charge such card on the periodic basis as specified (e.g., once per month for monthly Services) in the amount described on the applicable Service or Services' purchase path(s).
E. Sales Tax For certain purchases of Merchandise, Services or other products made via the SNY and/or Vendor-operated SNY Properties, SNY is required to collect sales tax. The amount of tax charged and whether any sales tax will be collected on a given purchase depends on a number of factors including whether the seller is subject to tax in a given jurisdiction. The purchaser is responsible for any applicable transaction taxes not collected by SNY. The amount of sales tax, if any, will be shown either prior to the completion of any purchase or reflected in the confirmation of your purchase sent to the email address you provided.
F. Communications By accepting this Agreement, you agree that the Operators may notify you about changes to prices and/or Services by sending an e-mail message to your e-mail address on file with SNY, and by publishing such notices from time to time on the informational page(s) of the SNY Properties applicable to the Services. It is your responsibility to notify MLBAM of any change in your e-mail address by logging in to the applicable SNY Properties and using the online account management tool. If your email service includes functionality or software that catalogues your emails in an automated manner, it is your responsibility to ensure that those emails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam e-mail folders or by adding us to your address book or safe senders list. In the event of any conflict between this Agreement and the terms and conditions provided for any such Service, the terms and conditions of the applicable Service or SNY Property will govern.
Programming, pricing, terms and conditions of Services and other products offered via the SNY Properties are subject to availability and change. Subscription Services offered via SNY Properties other than this Website may be governed by an end user license agreement or similar agreement with different terms and conditions than are contained in this Agreement, including different refund policies. Please refer to the terms and conditions of such SNY Properties to determine the policies applicable for such other SNY Properties.
5. VOTES; CONTESTS; SWEEPSTAKES This Website and other SNY Properties may offer you opportunities to vote in connection with certain events. By participating in any such event, you signify your agreement to all special terms set forth on this Website and/or the other applicable SNY Properties applicable to the event as well as the terms of this Agreement.
6. LINKING This Website and the other SNY Properties may contain links and pointers to other World Wide Web sites and resources, including, without limitation, Third Party Sales Locations and Third Party Social Networking Features. Links to and from this Website and/or SNY Properties from or to Third Party Sales Locations, Third Party Social Networking Features and other websites or locations maintained by third parties, do not constitute an endorsement by the Operators of any such third party website or content. The Operators are not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to this Website administrator or Webmaster of the applicable third-party website or location.
7. DISCLAIMER OF WARRANTIES
A. USE OF THIS WEBSITE, ALL OTHER SNY PROPERTIES AND THE PRODUCTS, MERCHANDISE AND SERVICES INCLUDED HEREIN AND THEREIN ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
A. On-line, cable, wireless or other websites, services or browsers created by, licensed by or substantially associated with any entity that regularly promotes any product (e.g., apparel or computers), brand (e.g., Nike or Pepsi) or service (e.g., Internet service providers or ticket sellers) (each, a "Commercial Site" and, collectively, "Commercial Sites") may not link to SNY.tv without the written permission of SNY, even if the page/area where the link originates does not promote a product, brand or service.
B. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY THE OPERATORS AND/OR THE APPLICABLE VENDOR, THIS WEBSITE, THE OTHER SNY PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED HEREIN AND THEREIN, INCLUDING, BUT NOT LIMITED TO ALL PRODUCTS, MERCHANDISE, TICKETS AND 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) THIS WEBSITE, THE OTHER SNY PROPERTIES OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THIS WEBSITE, THE OTHER SNY PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE CORRECTED; (3) THIS WEBSITE, THE OTHER SNY PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THIS WEBSITE, THE OTHER SNY PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE ACCURATE OR RELIABLE.
8. LIMITATIONS ON LIABILITY
A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERM AND CONDITION OF THE SNY PROPERTIES OR ANY ACT OR FAILURE TO ACT BY THE OPERATORS OR THEIR VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THE COMMUNITY FEATURES OF THIS WEBSITE.
B. 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 PRODUCTS, MERCHANDISE, TICKETS OR SERVICES.
UNDER NO CIRCUMSTANCES WILL THE OPERATORS BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL THE OPERATORS AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY.
C. IN NO EVENT SHALL THE OPERATORS OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THIS WEBSITE OR THE OTHER SNY PROPERTIES INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION FOR PRODUCTS, MERCHANDISE OR 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 OFTHE OPERATORS OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE MERCHANDISE, SERVICES OR THE OTHER SNY PROPERTIES IS $50.
D. IN NO EVENT SHALL THE OPERATORS BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THIS WEBSITE OR THE OTHER SNY PROPERTIES, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.
9. INDEMNIFICATION You hereby agree to indemnify and hold the Operators harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of this Website, the other SNY Properties, any and all products, Merchandise and/or Services purchased via this Website or the other SNY Properties; or (B) any alleged breach of this Agreement by you.
10. TERMINATION The Operators may change, suspend or discontinue any aspect of this Website or the other SNY Properties at any time, including the availability of any product, Merchandise offering, Service, feature, database or content. The Operators may also impose limits on certain such products, Services and features or restrict your access to parts, or the entirety, of the SNY Properties 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 this Agreement or other policies or guidelines posted on this Website or via the other SNY Properties or conduct which the Operators believes is harmful to other customers, to the Operators' business, or to other information providers. In addition, this Agreement 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 this Agreement if you breach any term of this Agreement or other operating term set forth by the Operators in the SNY Properties.
11. CHOICE OF LAW; JURISDICTION; ATTORNEYS' FEES This Agreement 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 County, 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. The Operators 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.
12. MISCELLANEOUS This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. The Operators in their sole discretion may amend this Agreement, and your use of this Website or the other SNY Properties after such amendment is posted on this Website will constitute acceptance of it by you. Sections 7, 8, 9, 11, 12 and 13 of this Agreement will survive any termination or cancellation of this Agreement. If any term in this Agreement 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 this Agreement are for convenience only and must not be given any legal import.
14. NOTICE FOR CALIFORNIA CONSUMERS Under California Civil Code Section 1789.3, California users of this Website and the other SNY Properties are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
LAST UPATED: July 20, 2010