B. By transmitting any message in connection with the Message Features and/or submitting creative ideas, concepts, know-how, techniques, suggestions, content or materials (including, without limitation, video, audio, photos, text, data, images and graphics) (each, a "Submission" and, collectively, "Submissions"), you are granting YES a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform and display each such Submission, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes (collectively, "Rights"). This means that anything submitted by you on or to the Site will be used exclusively by YES and may be used by the Operators for any purpose, now or in the future, without any payment or other obligation to you. All Submissions, excluding any message in connection with the Message Features, whether solicited or unsolicited, shall become and remain the exclusive property of YES. The Operators shall also have the absolute right, but not the obligation, to use your name, likeness and/or biographical information in connection with the broadcast, print, online or other use or publication of your Submission without seeking or receiving your further consent.
By entering the Site, you expressly agree to not make any Submission in connection with Site and/or any Message Feature, or use the Site in any manner, that: (i) imposes an unreasonable or disproportionately large load on the Site's infrastructure, or otherwise restricts or inhibits any other user from using and enjoying the Site; (ii) is unlawful, threatening, abusive, harassing, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, harmful to minors, pornographic, profane, sexually explicit or indecent; (iii) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains any virus, Trojan horse, worm, time bomb, cancelbot, robot, spider or other similar harmful or deleterious programming routine; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; (ix) removes any proprietary notices or labels; (x) creates a false identity for the purpose of misleading others; (xi) attempts to disable, bypass, modify, defeat or otherwise circumvent any security tools used on the Site; and/or (xii) contains material irrelevant to the subject matter of the Message Feature.
C. You represent and warrant that you own or otherwise control all necessary rights in Submissions that you submit, that such Submissions are accurate, that use of the Submissions you submit will not violate or infringe the rights of any third party or violate these Terms of Service (including without limitation this Section 3), that the Submissions you submit will not cause injury to any person or entity.
E. The Operators do not generally pre-screen or approve Submissions posted by users of the Site, and, therefore, do not guarantee the accuracy, quality or integrity of such Submissions. The Operators, in their sole discretion, shall have the right, but not the obligation, to monitor, review, edit, modify, refuse to post, or remove any Submission that is available on the Site for any or no reason, including that any Submission violates these Terms of Service or is otherwise objectionable. The Operators take no responsibility and assume no liability for any Submission uploaded, transmitted, viewed, accessed or used by you or any third party, or for any mistakes, defamation, libel, slander, falsehoods, omissions, obscenity, pornography or profanity that you may encounter. The Operators are under no obligation to post or use any Submission you may submit. No compensation or other sums will be payable to you or to any other person or entity with respect to any Submission you submit or any posting or use thereof. Any opinions, advice or recommendations expressed in any Submissions are those of the users providing the same and not those of the Operators.
F. Submissions submitted to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, are, and will be treated as, non-confidential and nonproprietary. By submitting a Submission to the Site, you acknowledge that any information disclosed by you therein, and any content or material contained therein, (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and the Operators other than as expressly set forth in these Terms of Service; and (iv) is subject to the grant of Rights to the Operators described in Section 3.B above.4. SOLICITED AND UNSOLICITED SUBMISSIONS.
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New York, NY 10011
10. 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"), YES has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Site (the "Designated Agent"). All such notifications relating to the Site must be submitted in a manner consistent with the DMCA to the following Designated Agent: Yankees Entertainment & Sports Network, L.L.C.
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New York, NY 10022