PRIVACY AND PROTECTION OF PERSONAL INFORMATION

We take your privacy seriously. Please review the SPORTSTV GUIDE Privacy Policy to learn about our practices regarding the collection, use, disclosure and protection of your personal information (as described in the SPORTSTV GUIDE Privacy Policy). By using any part of the SPORTSTV GUIDE service, you agree to the terms of the SPORTSTV GUIDE Privacy Policy.

SPORTSTV GUIDE REWARDS PROGRAM

If you have registered for a SPORTSTV GUIDE account and are a member of the SPORTSTV GUIDE Rewards Program, your participation in the SPORTSTV GUIDE Rewards Program is subject to the SPORTSTV GUIDE Rewards Program Terms. Please take a moment to review these terms. Neither Apple Inc. nor any of its affiliates is the sponsor of this program nor are they in any way involved in the giving of any rewards associated with this program.

ACCESSING THE SERVICE

In order access our website, app or service, you need a compatible device. You also need a mobile communications subscription with a participating carrier, have access to a mobile communications network or have access to the Internet. You are solely responsible for paying any service fees associated with any such access (including text messaging and data charges for each text message and any data you send and receive on your device). You must provide all equipment, software and access necessary to connect to our service. Our service is not available on all operating systems. You should note that depending on your device, your device might not be able to access our service while you are using other features of your device, such as speaking on your device’s telephone. We may also choose to cap the number of users to our service. For example, we may do a beta test of the service that is only accessible to a certain number of individuals. You may only access our service on one device at a time.

In order to ensure the availability of our service for all of our users, by accessing our service, you agree that your device and/or software does not disturb or interfere with our service, including our mobile app or our website. If we suspect that any equipment or software is causing interference with our service, we reserve the right to immediately disconnect that equipment or software from our service, and we reserve the right to immediately suspend or terminate your further use of our service. If any upgrade to the service requires changes in your equipment or software, and you wish to continue using our service, it will be your responsibility to make these changes at your own expense. Any additional features that augment or enhance our service will be subject to these terms and conditions. You agree to comply with all applicable laws in your use of our service.

ACCOUNTS, CANCELLATION

In order to register for a SPORTSTV GUIDE account, you will need to complete the registration process by providing us with complete and accurate information as we request in the registration process. You are responsible for keeping your registration data complete, accurate and up-to-date, and any loss caused by your failure to do so is your responsibility. After completing the registration process, we may ask you to choose a user name and password, and you are also responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account, and that we are not liable for any loss that you may incur as a result of someone else using your password or account. We may suspend or terminate your account and/or suspend our service to you if we have a reasonable belief that it is being used in connection with fraudulent activity, or you breach these terms in any way or for any other reason we determine in our sole discretion. We may also suspend or terminate your access to our service. In addition, you have no rights

in your user name, you may not transfer or sell your user name, and we reserve the right to change your user name at any time.

You may cancel your account at any time by notifying Customer Service at sportstvguide@thedailyrail.com.

COPYRIGHT & TRADEMARK NOTICE

Use of Intellectual Property

Our service, and all of its contents, including but not limited to text, photographs, graphics, video and audio material, software, SPORTSTV GUIDE logos, titles, characters, names, and button icons (collectively Intellectual Property), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by SPORTSTV GUIDE or by other parties that have provided rights thereto to SPORTSTV GUIDE.

You agree that you will not reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through our service, in whole or in part, without our express written permission.

Any trademarks, service marks, product names and company names or logos appearing in any part of our service that are owned by SPORTSTV GUIDE, its affiliates, licensors, or suppliers may not be used without express permission from the respective owner.

Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of our website, or frame our website, or any web page or material contained within our service, nor may any entity include a hyperlink to any aspect of our service in an email for commercial purposes, without our express written permission.

Copyright Infringement

We respect the intellectual property rights of third parties, and comply with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any User Materials to our service you are granting permission to have such User Materials posted on our website, our app and/or via any other of the media channels, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. We reserve the right to remove access to infringing material. Such actions do not affect any other rights we may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.

Procedure for Making Claim of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the Notification), to our Designated Agent, who can be reached as follows:3

By mail: By Email: aij@therail.media Alix, Yale & Ristas
750 Main Street
Hartford CT 060103

Fax: 860-527-5029

DISCLAIMER OF WARRANTIES

YOUR USE OF OUR WEBSITE, OUR APP OR OUR SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS AND SERVICES, CONTAINED WITHIN OR AVAILABLE THROUGH OUR WEBSITE, APP OR SERVICE, IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. SPORTSTV GUIDE AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SERVICES, INCLUDING OUR SITE, OUR APP OR THEIR CONTENTS (THE “SPORTSTV GUIDE PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SPORTSTV GUIDE PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.

We do not warrant or make any representations that our website, app or service will be error-free or uninterrupted, that defects will be corrected, or that our service will be free of viruses or other harmful components. The SPORTSTV GUIDE Parties are not responsible for any failure to access or use our service or any failures caused by server errors, misdirected or redirected transmissions, failed internet or telephone connections, lost, interrupted or unavailable connections of any kind, miscommunications or failed transmissions of data, or any computer virus or other technical defect or error relating to our service.

Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, so some of the above disclaimers, exclusions and limitations may not apply to you. In those jurisdictions, SPORTSTV GUIDE’s liability will be limited to the fullest extent permitted by law.

LIMITATIONS ON LIABILITY

In no event will the SPORTSTV GUIDE Parties be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of our service; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained in our service or any materials or content obtained through our service; (vi) any transactions entered into through our service, (vii) any property damage including damage to your device or computer system caused by viruses or other harmful components during or on account of access to or use of our service, including any site to which the service provides hyperlinks; or (viii) damages otherwise arising out of your use of our service. These limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if any SPORTSTV GUIDE Party has been advised of the possibility of damages.

INDEMNIFICATION

You agree to indemnify and hold harmless the SPORTSTV GUIDE Parties from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of these Terms or otherwise arising in any way out of your use

of our website, app or service. You agree to cooperate fully with the SPORTSTV GUIDE Parties in asserting any available defenses in connection with a claim subject to indemnification by you under these Terms.

MODIFICATION/TERMINATION OF THE SERVICES

We reserve the right, in our sole discretion, to modify, suspend, or terminate our service, including the SPORTSTV GUIDE Rewards Program, at any time for any reason with or without notice.

If your account is cancelled or terminated, you will no longer be authorized to use our service, but you will still be bound by these Terms, including the warranties made by you, and by the disclaimers and limitations of liability. SPORTSTV GUIDE shall not be liable to you or any third party for any modification, suspension or termination of our service or your access to our service.

Except where otherwise provided, our service is currently available without charge. We reserve the right to charge a fee for access to or use of our service in the future. We will notify you before we do so. Your access to or use of our service before such time does not entitle you to access or use our service without charge in the future.

EXTERNAL SITES

Our wesbite or app may contain links to external third-party sites that we do not own or operate. This may include links from advertisers, sponsors and/or partners that may use our logo(s) as part of a co-branding or co-marketing agreement. We do not control or monitor, and are not responsible for, these third-party sites, including any privacy policies or practices governing such sites. We make no representations regarding, and are not liable for, the accuracy, completeness, timeliness or availability of any of the content, products or services displayed, distributed, or otherwise made available at these sites. If you access any third-party site, you do so at your own risk, and your use of that site is subject to its own terms of use and privacy policy, which you should review. The presence of a link to a third-party site does not mean that we endorse, sponsor, or recommend the third party or the content, products, or services contained on, or available through, such third-party site.

USER CODE OF CONDUCT

In accessing and using our service, you agree that you will not:

  • Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as spam), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
  • Deliver any unlawful postings to or through our service, or any postings which advocate unlawful activity.
  • Deliver any content that is, in SPORTSTV GUIDE’s sole discretion, inappropriate for the SPORTSTV GUIDE service you are using (such as, for example, making inappropriate or irrelevant comments in a chat room)
  • Deliver, or provide links to, any postings containing material that
    • could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or objectionable
    • harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability
    • is defamatory, false or libelous
    • infringes or violates any intellectual property or other right of any entity or person.
  • Deliver any posting that you do not have a right to make available under law or contractual or
    fiduciary relationships.
  • Impersonate another person or entity or misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to deceive or defraud another.
  • Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
  • Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
  • Use our service in any manner which could damage, overburden or interfere with the use of our service or other users’ devices, or damage, disrupt or limit the functioning of any software, hardware, or telecommunications equipment.
  • Attempt to gain unauthorized access to our service, any related website, or other accounts, computer systems, or networks connected to our service, through hacking, password mining, or any other means.
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through our service, including by collecting information about others such as email addresses.
  • Use any robot, spider, bot, site/search retrieval mechanism or other automated device or process to check-in to shows, perform engagement opportunities or otherwise automatically accumulate points.

INTERACTIVE SERVICES AND USER MATERIALS

Interactive Services

Our service may offer certain features having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively, Interactive Services). The Interactive Services may be covered by additional terms and conditions, which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available Interactive Services may change from time to time in SPORTSTV GUIDE’s sole discretion.

User Materials

We do not control and are not responsible for any information or other materials delivered through our service by you or other users (collectively, User Materials). We are not obligated to and do not regularly review, prescreen, monitor, delete, or edit User Materials. However, we reserve the right to do so at any time in our sole discretion, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. We are not liable for damages of any kind arising from or related to any User Materials, including its refusal, alteration or deletion of any User Materials, even when we are advised of the possibility of such damages.

You are solely liable for all User Materials delivered to our service using your account. Any violation of these provisions may subject your account to termination and further legal action. You represent and warrant that you own or control all rights to the User Materials and that public posting and use of the User Materials on our website, our app or on our service will not violate the rights of any third party.

By providing or modifying any User Material, you are granting us and our designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from and use such User Material for any purpose, including, without limitation, advertising and promotional purposes, alone or as a part of other works in any form, media or technology now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may provide. We also have the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. Please note that any User Material you submit is and will be treated as non-confidential and non-proprietary as to you, unless specifically stated otherwise in our Privacy Policy.

The information and opinions expressed in User Materials are not necessarily those of SPORTSTV GUIDE or its content providers, advertisers, sponsors, affiliated or related entities, and we make no representations or warranties regarding that information or those opinions, and expressly disclaim any liability for User Materials. We do not represent or guarantee the accuracy, completeness or reliability of any User Materials and has no obligation to determine whether the User Materials violate the rights of others. We have no control over whether the User Materials are of a nature that you or other users might find offensive, distasteful or unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk. You acknowledge that our website, app and service are public, and in addition to the license granted to SPORTSTV GUIDE, other users will have access to your User Materials and might copy, modify or distribute them.

If you are aware of any User Materials which violate these Terms, please contact us
at sportstvguide@thedailyrail.com. Please provide as much detail as possible, including a copy of the underlying material, the location where we may find it, and the reason such User Materials should be removed. Please note that filing a complaint will not guarantee its removal, and we will only remove User Materials if we believe that removal is necessary. If any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled Copyright Infringement.

Other than those we specifically request, we do not accept unsolicited content or suggestions. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you submit any unsolicited content or suggestions to us, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limiting those rights, you agree that SPORTSTV GUIDE, our affiliates and our licensees are free to use any information contained in any communication you send to us for any purpose whatsoever without your approval and without any credit, notice or compensation to you.

REFERRAL PROGRAMS

We may have features that allow you to spread the message about our service, including referral programs that permit you to submit information to us about other persons (each, a Referred Person). You may only refer persons with whom you have a personal relationship, and you are responsible for informing the Referred Person that communications may be sent to them from us on your behalf and for obtaining their prior consent to any such communication.

We reserve the right to limit the number of Referred Persons you can submit. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be a permanent, legal resident of the continental United States, of legal age of majority in his/her jurisdiction of residence, and be able to register for, or use, our service. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about our service. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person for any reason.

We may send you a confirmation to inform you that the Referred Person has registered for an account. If you engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we may discontinue providing our service to you. We may also offer incentives or rewards in connection with a referral program, and any such incentives or rewards shall be subject to our SPORTSTV GUIDE Rewards Program Terms. We may suspend or terminate any and all referral programs in our sole discretion.

VOTING/RATING FEATURES

If we provide any voting/rating features through our service, we may have instructions and limitations for submitting your votes/ratings. It is important that you follow those instructions. We reserve the right to disqualify any votes/ratings we receive from you in excess of any stated limitation. Also, in order to uphold the integrity of the vote/ratings, payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. We are not liable for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. We may modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause impair the administration, security, or fairness of the voting/rating. We may disqualify any individual we find to be violating these terms, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Our decisions with respect to all aspects of any voting/rating element are final and binding.

LIMITED TO PERSONAL AND NON-COMMERCIAL USE

Our service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products obtained from our services without our prior written consent.

THIRD-PARTY MERCHANTS

Our service may enable you to order and receive products, rewards, information or services from third- party merchants that are not affiliated with or controlled by Function(x). All matters concerning such products, information and services are solely between you and such merchants. We do not endorse, warrant, or guarantee such products, information, or services, and we are not liable for the accuracy, completeness, or usefulness of such information or the quality or availability of such products or services. We will not be a party to and are not responsible for monitoring any transaction between you and such third-party merchants, or for ensuring the confidentiality of your credit card information. Any charges or obligations you incur in your dealings with these third-party merchants are your sole responsibility.

ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS

We may display or link to advertisements for the goods and services of a third party on or through our service, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or warrant, and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of, any such goods or services advertised, promoted or displayed through our site, app or service.

INTERNATIONAL USE/U.S. EXPORT CONTROLS

Accessing materials through our service by certain persons in certain countries may not be lawful, and we make no representation that materials provided through our service are appropriate or available for use in locations outside the United States. If you choose to access our service from outside the United States, you do so at your own risk.

The United States controls the export of any software downloadable from our service. No software or any other materials associated with our service may be downloaded, exported or re-exported to countries or persons prohibited under export control laws, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from our service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

GENERAL

This Agreement and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any all disputes, claims and causes of action relating to these Terms, our website, our app, our service, and/or our Privacy Policy, shall be resolved individually, without resort to any form of class action, exclusively by confidential arbitration in New York, New York, before a single arbitrator pursuant to the then-current arbitration rules of the American Arbitration Association. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of any forum, state or federal, having jurisdiction, provided, however, that the party that commences an action to enforce, vacate or otherwise modify an arbitration award shall not include any confidential information in such filing unless required to do so by applicable court rules and, if so required, shall take all reasonable actions to prevent the disclosure of such confidential information, including but not limited to moving for permission to make its initial filing under seal or filing a redacted version of its filing that omits such information. The parties to the arbitration will share equally the administrative costs of such arbitration proceedings. You agree to commence any arbitration proceeding with respect to this Agreement within one year after the claim arises. You agree that a proceeding commenced after this date is barred.

If any provision of these Terms is held invalid or unenforceable, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of these Terms shall remain unaffected and in full force and effect. The failure of either party to insist upon strict performance of any provision of, or to exercise any right available under, these Terms shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, these Terms represent the entire agreement between you and SPORTSTV GUIDE with respect to the use of our service and shall not be modified except in writing, signed by an authorized representative of

SPORTSTV GUIDE. All representations, warranties and indemnification obligations made or undertaken by you will survive any cancellation or termination of your account.

If you have any questions concerning these Terms or our service, please contact Customer Service at support@sportsbarmarketing.com.

Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification should include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.
  3. 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 us to locate the material.
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address.
  5. 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.
  6. 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.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

CHANGES TO THIS AGREEMENT

We reserve the right, in its sole discretion, to change these Terms or any additional terms at any time. We will endeavor to provide notice of any material change to these Terms on our website or through our app. However, whether or not we provide such notice, your continued use of our service constitutes your agreement to be bound by any changes to these Terms. Please review these Terms periodically for changes.

Last Updated: July 12, 2017