Terms of Use Agreement

PLEASE READ THESE TERMS OF USE (this “Agreement”) CAREFULLY BEFORE USING THE MASNSPORTS.COM WEBSITE OR ITS SERVICES (the “Site”).

Your access or use of the Site is subject to this Agreement and our Privacy Policy and all applicable laws. By accessing or using the Site, you agree to be bound and abide by the terms of this Agreement and our Privacy Policy, which is incorporated into this Agreement, between you and us. Your use of a particular webpage, feature or offer included within the Site may be subject to additional terms and conditions described on that webpage, feature or offer. In the event that any of the additional terms and conditions conflict with this Agreement, the terms of this Agreement shall control. If you do not agree to this Agreement in its entirety without modification, then do not use the Site and immediately exit the Site. If you disagree with any part of this Agreement, then you are not permitted to use our Site.

These terms constitute the Agreement between you and The Mid-Atlantic Sports Network (MASN) and its affiliates (collectively, “MASN” or “we” or “us”).

Notice Regarding Dispute Resolution: This Agreement contain provisions that govern how claims you and MASN have against each other are resolved (see Applicable Laws, Arbitration, and Additional Considerations Section below), including an obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with the Arbitration Section below.

SPECIFIC TOPICS COVERED IN THIS AGREEMENT
1. Ownership; Copyrights; Trademarks
2. Privacy
3. Restrictions on Use
4.
United States Only
5. User Submitted Content; Contests
6. External Sites
7. Indemnity, Disclaimer; Limitation of Liability
8. Applicable Laws; Arbitration; Additional Conditions
9. Provision or Suspension/Withdrawal of the Site
10. California Residents
11. Modification of this Agreement
12. Miscellaneous; Survival
13. MASN’s Contact Information


1. Ownership; Copyrights; Trademarks

The Site is owned by the Mid-Atlantic Sports Network (“MASN”). Except for user submitted content (described below), all content and materials contained on the Site (“Content”) are either owned by or licensed to MASN, and the applicable owner or licensor retains all rights to the Content. Without limiting the foregoing, Content includes text, images, photographs, graphics, illustrations, designs, tools, video, audio, information, data, logos, software, scripts, copyrights, trademarks, intellectual property and other proprietary rights related to the Site.

Images or photographs of people displayed on the Site are either the property of MASN or used with permission. Any use of these images or photographs by you, or anyone else authorized or facilitated by you, is prohibited unless express permission is granted elsewhere on the Site. Any unauthorized use of these images or photographs may violate applicable laws (including but not limited to copyright, trademark, privacy and publicity, communications regulation, and other laws, regulations and statutes). MASN does not represent or warrant that your use of Content displayed on the Site, whether permitted by this Agreement or otherwise, will not infringe upon the rights of third parties.

The entire collective work of the Content in this Site, including but not limited to design, interfaces, code, and the selection and arrangement of the Content is MASN’s property and protected under U.S. copyright and other laws. The collective work also includes works that are licensed to MASN. ALL RIGHTS RESERVED. Copyright 2018.

The trademarks, word marks, logos and proprietary marks of MASN and MASNSPORTS.COM (individually and collectively “MASN Trademarks”) are the exclusive property of MASN. All other trademarks, word marks, logos and proprietary marks which appear on the Site (individually and collectively “Trademarks”) are Trademarks of their respective owners (e.g. the Trademarks of the Baltimore Orioles and Washington Nationals are owned by their respective MLB Clubs). Nothing contained on the Site should be construed as granting (expressly or implicitly or by estoppel or otherwise) any right or license to use any MASN Trademarks or Trademarks in any manner without the prior express written authorization by its respective owner. Any use of the MASN Trademarks or Trademarks or other Content, except as provided in this Agreement, is strictly prohibited.

DMCA Copyright Infringement Notification
MASN takes allegations of copyright infringement seriously. If you believe that your copyright or other intellectual property has been infringed by users posting content on the MASN site, pursuant to Title 17, United States Code 512(c)(2) you may submit a notification in writing to MASN’s Designated Copyright Agent as described below. Upon receipt of notices complying with the Digital Millennium Copyright Act (“DMCA”), we will act to remove or disable access to infringing material or material found to be part of infringing activity.

If you believe that your work has been copied in a way that constitutes copyright infringement, you will need to send a signed, written communication to MASN’s Designated Copyright Agent with the information listed below. Please consult with your legal counsel and/or see 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act to confirm the following requirements:

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 on the MASN Site are 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 MASN to locate the material (providing URLs will assist us in locating the content described)

4. Information reasonably sufficient to permit MASN to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted

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

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Please note that MASN may, at our discretion, send a copy of such notices to a third-party for publication or to a third-party who posted the allegedly infringing content. As such, your notification may be forwarded for publication or to such third-party.

Counter-Notification
If you believe that your content was misidentified as infringing, you may elect to send MASN a counter-notice. If the original claim of alleged infringement was filed with MASN’s Designated Copyright Agent under Section 512(c) of the DMCA, your counter-notice is governed by Section 512(g) of the DMCA and you may send a written communication to MASN’s Designated Copyright Agent with the information listed below in order for it to be effective. Please consult with your legal counsel and/or see 17 U.S.C. Section 512(g)(3) to confirm these requirements:

1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled

2. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled

3. Your name, address, and telephone number, email address and any username on the MASN website

4. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in Maryland, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person

5. Your physical or electronic signature

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed. MASN may then reinstate the material in question at our discretion. However, please note that in accordance with this Agreement, we reserve the right to remove any content submitted or posted on the Site for any reason or no reason at any time, and MASN reserves the right not to repost any content which has been removed.


Designated Copyright Agent

MASN’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement is as follows: MASN, Attention: MASN Legal Department, 333 West Camden Street, Baltimore, MD 21201; email info@masnstudios.com.

Please include “Notice of Infringement” in the subject line.

For clarity, only DMCA notices should go to the MASN Designated Copyright Agent. All other inquiries not relevant to or not complying with the DMCA procedures will receive no response. If you fail to comply with all of the requirements of the DMCA, your DMCA notice(s) may not be valid. For a complete description of the rights that you have under the DMCA, MASN refers you to the full text of the DMCA. Nothing in this Agreement is intended to supplant the requirements and procedures contained in the DMCA. If there is conflict between this Agreement notification policies and the terms of the DMCA, the terms and requirements of the DMCA shall control.

THIS IS NOT LEGAL ADVICE. YOU SHOULD CONSULT YOUR ATTORNEY FOR ADVICE IN SUBMITTING ANY NOTIFICATION AND/OR COUNTER-NOTIFICATION.


2. Privacy

Our Privacy Policy describes the data that we gather about or from users of the Site, and how we process, use, and share that data. Be sure to read it to understand these matters.


3. Restrictions on Use

The Content on the Site is provided for your personal, general informational purposes and not for commercial use. Subject to any express terms, conditions or restrictions relating to specific Content, you may electronically download and print hard copies of portions of the Site only for your personal, non-commercial use provided that you also maintain all copyright and other proprietary notices contained on the Content. Except as set forth in the preceding sentence, MASN’s Content may not be used, reproduced, republished, uploaded, posted, distributed, copied, transmitted or displayed, or reposted in any manner without the prior express written authorization of MASN or the copyright holder identified on the Site. Further, you may not modify, license, create derivative works from, transfer or sell any Content or software from the Site without the prior express written authorization of MASN or the copyright holder identified on the Site. You may not use any Content for public or commercial purposes or on any other website without the prior express written authorization of MASN.

In addition, without limiting anything else contained in this Agreement, you may not:

* utilize or exploit the Site for any commercial use
* solicit for the sale of any product, commercial service, organization or enterprise
* make any derivative use of the Site
* download, copy or use account information, if any, for the benefit of any third party
* use data mining, robots or similar data gathering and extraction tools
* frame or utilize framing techniques to enclose any Trademark or other proprietary content or information without our prior written consent
* use any meta tags or other “hidden text” using our name, trademarks or other proprietary content or information without our prior written consent
* misuse our Site
* incorporate any portion of the Site or software or compile any portion of it with other programs or otherwise modify, decompile, reverse engineer, tamper with, bypass any security of, create derivative works of, distribute, or license any portion of the Site or the software
* use harassing or threatening words, symbols or other communication in any manner or form on the Site or use obscene or abusive language on the Site
* post (or submit for posting), upload, distribute, publish or communicate any libelous, defamatory, obscene, threatening, abusive, fraudulent, deceptive, misleading, illegal, discriminatory or objectionable content
* post (or submit for posting), upload, distribute, publish or communicate any content which is offensive or otherwise unacceptable to MASN in its sole discretion
* post (or submit for posting), upload, distribute, publish or communicate any content in violation of a copyright, trademark or other intellectual property right of another
* post (or submit for posting), upload, distribute, publish or communicate any content which invades the privacy or publicity rights of others, or which may violate the rights of any party, or violate any law, or incite or encourage violence or other criminal offense
* impersonate others, including but not limited to a MASN employee or representative
* disrupt, damage or interfere with the operation of the Site


No individual under the age of 13 may provide any personal data or otherwise submit personal data through the Site. By accessing, using and/or submitting information to or through the Site, you represent that you are at least age 13.

You many not use the Site if you fail to abide by these restrictions or the spirit thereof, as well as the other terms and conditions in this Agreement. Further, you may use the Site only as permitted by law.


4. United States Only

The Site is hosted and intended for use only in the United States. You are responsible for compliance with any local laws if you access or use the Site anywhere else. [IF APPLICABLE: All prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States.]

5. User Submitted Content; Contests

MASN does not review all content and materials posted (or submitted for posting) to the Site or created by commenters, bloggers, contributors or users using the Site, and MASN is not responsible in any manner for the content and materials posted (or submitted for posting) by commenters, bloggers, contributors and users. You acknowledge that by providing you with the ability to view, comment on content, and upload to the Site, MASN is merely acting as a passive conduit for such distribution and is not undertaking any liability or obligation in connection with any content or materials posted to the Site. Notwithstanding the foregoing, MASN reserves the right to not post (or authorize the posting of), block, edit, modify or to remove content and materials at any time for any reason, including but not limited to, if it violates the term of this Agreement or is otherwise in violation of law. You are solely responsible for any content that you post (or submit for posting), which information may be made public and may remain public. You have no right to withdraw your submissions or postings once submitted or posted to the Site. Do not post or upload other people’s content without permission.

When you post to the Site, you grant MASN (and any third party designated by MASN) an irrevocable, royalty-free, transferable, sub licensable, worldwide right and license to use, copy, excerpt, host, store, index, reproduce, publish, cache, tag, encode, display, perform, distribute, modify, transmit, broadcast, commercialize, exploit, create derivative works of and adapt in any form or media now known or hereinafter developed, your submission(s), posting(s) and content. You acknowledge and agree that MASN may arrange the submission and posting in any way we desire, in any location we desire, and that MASN has no obligation to provide you with any credit when utilizing, reproducing, publishing, cashing, displaying, performing, distributing, modifying, transmitting, broadcasting, commercializing, exploiting or creating derivative works of your post and content. You acknowledge that your content submitted to us or posted to the Site may be published, transmitted, and displayed, by us in a manner you determine is disagreeable to you and you waive any rights you may have against us in connection therewith. By submitting or posting to the Site, you are consenting to its display and publication on the Site and for related online and offline promotional uses by MASN. MASN and its designees and assignees are free to copy, disclose, distribute, incorporate and otherwise use such submissions and postings (including, but not limited to all, data, images, sounds, text and metadata in such submissions), in any manner it so chooses, including for commercial purposes. Further, you are not entitled to any compensation or payment from MASN in connection with any of the foregoing.

MASN may, but is not obligated to, monitor or review any areas on the Site where commenters, bloggers, contributors or users post content and materials to the Site, and MASN shall have no liability in connection with such postings. In addition, MASN may offer the use of third party software or services in connection with posting content on the Site and, as stated more fully in Section 4 (External Sites) below, MASN shall have no responsibility or liability in connection with any such third party software or services.

We may change, suspend or discontinue any or all of the Site at any time, including but not limited to the availability of any product, feature, data or Content.

In the event you participate in a contest, give-away or sweepstakes through the Site, there may be separate rules, terms and conditions which will apply in addition to the terms and conditions of this Agreement. Such rules, terms and conditions will be posted and available for your review in connection with such contest, give-away or sweepstakes and it is your responsibility to review them. If there is a conflict with the terms and conditions of such separate rules and this Agreement, the terms and conditions of this Agreement shall apply.

Please be aware that if you post (or submit for posting) any material, information or other communication (including, but not limited to, personally identifiable information) to the Site, any such material, information or other communication you transmit, upload or post will be considered non-confidential and MASN will have no obligations with respect to such submissions.

6. External Sites

This Site may contain links to, or interact with, or be available on, other sites, software or services on the Internet which are owned and/or operated by affiliates, sponsors, advertisers and other third parties, such as social media providers (the “External Sites”). MASN has no responsibility or liability for these External Sites, the content of such sites, or the privacy policies or terms of use of such sites or other actions of any External Sites or service that may be enabled within the Site. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any External Sites. It is your responsibility to review their privacy statements and terms of use prior to using the External Sites. MASN may have services through External Sites, such as social media providers; however, MASN is not liable for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any External Sites, including but not limited to, social media providers. The links to, interaction with, or availability of, External Sites are provided for your convenience only and your access and use of them is at your own risk. Links to, interaction with, or availability of, External Sites do not imply that MASN sponsors, endorses, is affiliated or associated with the External Site or its owner(s), nor does it imply that MASN or you are authorized to use any content, trademark, design, logo, copyrighted material or intellectual property of the External Site or its owner(s).

7. Indemnity, Disclaimer; Limitation of Liability

MASN makeS no warranties or representations about the accuracy or completeness of this Site. This Site, the OPERATION OF THE SITE, and the CONTENT, materials, information, AND services in this Site, including software, are provided “AS IS” and without warranties of any kind, express or implied and on an “AS AVAILABLE” basis. You expressly agree that your use of the Site is at your sole risk. To the fullest extent permissible by law, MASN disclaimS all warranties, express or implied, including, but not limited to applied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. MASN doES not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server(s) that make the Site available are free of viruses or other harmful components. mOREOVER, We make no Representations or warranties regarding the use of the Site or content in terms of its accuracy, completeness, timeliness, reliability or otherwise. YOU ACKNOWLEDGE THAT ANY RELAINCE UPON ANY CONTENT ON THE SITE SHALL BE AT YOUR SOLE RISK. Further, WE make no commitment to update the site or any content CONTAINED ON THE SITE.

To the fullest extent permissible by Law, we ARE not Liable for any damages of any kind arising fROM the use of the Site or from any materials, information, content, products (including software) or other services included on or made available to you through the Site, including but not limited to, any direct, indirect, incidental, punitive and/or consequential damages or any damages whatsoever, even if we have been previously advised of the possibility of such damages. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

BY USING THE SITE, YOU AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LOCAL U.S. LAW) TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST MASN, ITS OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS, ADVERTISERS AND SPONSORS (COLLECTIVELY, “MASN PARTIES”) AND TO INDEMNIFY, DEFEND AND HOLD THE MASN PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS RELATING TO ANY ACTION TAKEN BY MASN AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF OUR FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. WITHOUT LIMITING THE FOREGOING, THIS MEANS THAT YOU WAIVE ALL CLAIMS AND RIGHT TO RECOVER ANY DAMAGES WHATSOEVER FROM MASN AS A RESULT OF OUR DECISION TO REMOVE OR REFUSE TO POST ANY INFORMATION, TO SUSPEND OR TERMINATE YOUR ACCESS TO OR USE OF THE SITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF OUR FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. FURTHER, YOU AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LOCAL U.S. LAW) TO INDEMNIFY, DEFEND AND HOLD THE MASN PARTIES HARMLESS FROM AND AGAINST ALL LOSSES, COSTS (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS FEES), EXPENSES, AND DAMAGES RESULTING FROM ANY VIOLATION OF THIS TERMS OF USE AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCESS TO OR USE OF THE SITE, BY YOU OR ANY OTHER PERSON. For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.

To the maximum extent permitted by applicable local U.S. law, the total liability of MASN, for any claim, cause of action, or dispute, arising out of or relating to your use of this Site or this Agreement, including but not limited to for any implied warranties, is limited to one thousand dollars (US $1,000.00).


8. Applicable Laws; Arbitration; Additional Conditions

If you choose to visit or use the Site, your access and use of the Site is subject to this Agreement. Your use of this Site shall be governed in all respects by the internal laws of the State of Maryland without regard to its conflict of laws principles. Any cause of action, claim or dispute you may have arising out of or relating to the Site (including, but not limited to, the Privacy Policy on the Site) or this Agreement must be commenced within one (1) year after the claim or cause of action or dispute accrues or it is forever barred. We make no representation or warranty that materials or services on this Site are available for use, and access to them from locations or territories where their content is illegal is prohibited. If you choose to access this Site from locations outside Maryland, you do so on your own initiative and you are responsible for compliance with applicable local laws.

Initial Dispute Resolution.
We are available by email at [insert link] to address any concerns you may have regarding your use of the Site. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the preceding paragraph, then either party may initiate binding arbitration. Any claim, cause of action, or dispute arising out of or relating to your use of this Site (including the Privacy Policy) or this Agreement, shall be resolved through final and binding arbitration in the State of Maryland and you waive any right to claim that such location is an inconvenient forum. The arbitration shall be conducted under the auspices of the JudicialAmerican Arbitration and Mediation Services Association (the “AAA”JAMS”), on a non-confidential basis in accordance with the provisions of its then-effective rules, including its streamlined procedures, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision and the parties hereby reject, waive and disclaim the application of any state Arbitration Act.

The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/rules-streamlined-arbitration/, or by calling JAMS at 1.800.352.5267. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, MASN will pay the additional cost. A request for payment of fees should be submitted to JAMS along with your form for initiating the arbitration, and MASN will make arrangements to pay all necessary fees directly to JAMS. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of
arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception - Small Claims Court Claims
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30 Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding three paragraphs by sending written notice of your decision to opt-out to the following address: MASN (attn: Arbitration Request), 333 W. Camden Street, Baltimore, Maryland 21201. The notice must be sent within thirty (30) days of registering to use the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this section. If you opt-out of these arbitration provisions, MASN also will not be bound by them.

Exclusive Venue for Litigation
Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Maryland (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Maryland for any litigation other than small claims court actions. The Parties irrevocably consent to personal jurisdiction in Maryland for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of Maryland over any litigation arising in connection with, out of, or as a result of (a) this Agreement or the Site, and (b) any acts or omissions of any of the Covered Entities in connection with this Agreement or the Site.

by one arbitrator appointed in accordance with its rules. Any decision relating to arbitrability of a claim arising out of or relating to your use of this Site or this Agreement shall be resolved by the AAA. Notwithstanding the rules of the AAA, such proceeding shall be governed by the laws of the State of Maryland and other limitations set forth in the preceding paragraph. An award in arbitration shall be limited to monetary damages and shall not include any injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated, except as may be required by Maryland law to the contrary. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Barring extraordinary circumstances, the arbitrator will issue his/her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for any additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in wring and will include a statement describing the reasons for the disposition of the claim.

In the event a determination is made that a cause of action, claim or dispute is not arbitrable, or if the arbitration provision in this Agreement is found to be null and void, then, in such event, such cause of action, claim or dispute must be brought in the State or Federal courts located in Baltimore, Maryland and you and we hereby submit to the personal jurisdiction and venue of these courts. If for any reason a cause of action, claim or dispute proceeds in court rather than in arbitration then you and we each waive any right to a jury trial.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to info@masnstudios.com. Please include “Request for Arbitration” in the subject line.

You and We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

This agreement to arbitrate will not preclude you or MASN from seeking provisional remedies in aid of arbitration, including without limitation, orders to stay a court action, compel arbitration or confirm an arbitral award from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or MASN from seeking a temporary restraining order, preliminary injunction or other interim relief as necessary or seeking relief to enjoin infringement or other misuse of intellectual property rights.


9. Provision or Suspension/Withdrawal of the Site

You understand and agree that: (a) the Site may change from time to time without notice to you. Any new feature that augments, enhances or modifies the current Site is subject to this Agreement; (b) we may decline to provide access to the Site or stop (permanently or temporarily) providing the Site (or any feature, program or content within the Site) to you or other users at our sole discretion, without notice or liability to you; and (c) if we disable access to your account, you may be prevented from accessing the Site, your account details, or any files or other content which are contained in your account.

10. California Residents

Under California Civil code Section 1789.3, California users of the Site are entitled to the following information: The provider of the Site is [MASN entity]., [insert address]. To file a complaint regarding the Site or to receive further information regarding use of Site, send a letter to the above address or contact MASN via e-mail at [insert email] (with “California Resident Request” as the Subject Line). You may also contact In addition to the information provided in this Agreement, 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.

11. Modification of this Agreement

We will notify you of changes to this Agreement by posting the amended terms on the Site and providing any advance notice required by law. If you have provided us with your email address, we will also notify you of material changes to this Agreement that affect your substantive rights by sending an email before the effective date of such changes to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to this Agreement. If you do not agree to the new terms, you should stop using the MASN Site. Otherwise, the new terms will take effect on the date listed in the notice we provide.

MASN reserves the right to change, at any time, this Agreement and any additional terms and conditions contained on the Site by posting an amended Agreement on the Site. Your use of the Site after such amended Agreement is posted will constitute your acceptance of the amended Agreement. You are responsible for regularly reviewing the Agreement on the Site and for reviewing any changes. Unless otherwise stated in this Agreement, the then current Agreement (and Privacy Policy) will apply to use of the Site.

12. Miscellaneous; Survival

MASN’s failure to insist upon or enforce strict performance of any provision of this Agreement (or the Privacy Policy) shall not be construed as a waiver of any provision or right, nor shall trade practice act to modify any of these terms and conditions. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. We may assign our rights and duties under this Agreement to any party at any time without notice to you.

Even if you stop using the Site or this Agreement terminates, it will not limit any of MASN’s rights or remedies, and any other provision of this Agreement that by its nature should survive in order to give proper effect to the intent and purpose of this Agreement, including but not limited to Section 1 (Ownership; Copyrights; Trademarks), Section 5 (Disclaimer; Limitation of Liability), and Section 6 (Applicable Laws; Arbitration; Additional Conditions).

13. MASN’s Contact Information

Please feel free to contact us with any general comments or questions you might have regarding this Agreement. In doing so, you acknowledge and agree that the information you submit to us is not confidential or proprietary information. By contacting us, you consent to receive communications from us, including but not limited to, electronic email or text messages. If at any time you wish to stop receiving email or text messages, you will have the option to opt-out of receiving (a) email by clicking the link in any email from MASN or (b) text messages by texting STOP after receiving any text from MASN. You also may opt-out of receiving email or text messages from MASN by contacting us at info@masnstudios.com.

Our address is:
MASN
333 W. Camden Street
Baltimore, Maryland 21201

Attn: MASNsports.com


Dated: September 1, 2018