Last Revised: June 9, 2022

By purchasing the Bally Sports Plus service, you accept and agree to be bound by this Bally Sports Plus Subscriber Agreement (the “Subscriber Agreement”).  If you do not agree to this Subscriber Agreement, you may not use the Bally Sports Plus streaming service (which, together with any additional services or events ordered through the Bally Sports Plus streaming service, is the “Service”).  The Service may be accessed through the Bally Sports website (the “Site”) or the Bally Sports mobile application (the “App”). 

Please read this agreement carefully.  The Subscriber Agreement forms a legal agreement between Diamond Digital Group, LLC, its subsidiaries and affiliates (collectively, “Diamond”, “we”, or “us”) and you (“you”, with you and other users of the Service referred to as “Users”) and applies to your use of the Service.  Your agreement to this Subscriber Agreement also constitutes your acknowledgement of Diamond’s Privacy Policy.

Diamond has authorized D3 B2C LLC as the merchant selling the Service through the Site.  With respect to any user purchasing the Service through the Site, D3 B2C LLC is an additional party to this Subscriber Agreement, and all references to “Diamond”, “we”, or “us” should be construed to include D3 B2C LLC, subject to the limitations specified in Section 21 below.

This Subscriber Agreement includes a provision waiving the right to pursue any class, group or representative claim and requiring you to pursue certain disputes through individual arbitration unless you opt-out within the specified time frame. See Section 18 for more information.

1.  Marketing Communications

You understand that by signing up for the Service, you will receive updates, special offers, and other information from us and our affiliates via email and in-app messaging.  You can change your communication preferences at any time from within your Bally Sports Plus account settings.

2.  Eligibility and Age Limitations

You are responsible for all activities that occur under your subscription to the Service. The Service is available only in the United States, including its territories and possessions. You must be at least 18 years of age or older to subscribe to the Service.

3.  Bally Sports Plus Service Limitations

The Service content that may be available to you, including the regional sports networks, may vary by geographic location. We may use different technologies and methods to verify your geographic location. Your access to regional sports networks will be determined by your physical location.  Your physical location will be determined by us in our sole discretion, using geolocation technology within the device used to access the Service.

When you purchase the Service, you will be assigned a Home Territory, which will govern the content available to you. If you purchase the Service through the Site, your Home Territory will be based on the billing zip code of the credit card used to purchase the Service. If you purchase the Service through the Site using PayPal as your method of payment, your Home Territory will be based on the zip code provided to us by PayPal. If you purchase the Service through the App, your Home Territory will be based on the zip code of your physical location at the time of purchase. We do not guarantee access to any content, and the content available to you may change at any time.

(a)      Simultaneous Streaming.  The number of simultaneous streams of the Service under your subscription is limited to two (2) streams.  The number of simultaneous streams available for use may change from time to time at our discretion, and there may be other limits on simultaneous streams for certain content and events.

(b)      Registered Devices.  The Service is only available on devices that you register as part of your subscription.  You may register five (5) separate devices to stream content.

(c)      Couch Rights.  Your subscription includes a thirty (30) day period in which you can view content outside of your Home Territory (“Couch Rights”).  The thirty (30) day period will commence the first time you view content outside of your Home Territory.  Outside of your Home Territory refers to fifty (50) miles or greater from the center of the zip code of your Home Territory.  If you view content within fifty (50) miles from the center of your Home Territory, you will not activate Couch Rights.  Once activated, Couch Rights will apply to any device you use to access content outside your Home Territory.  If you move from your Home Territory, you may contact Customer Support at 1-866-225-5901 to change your Home Territory.  Changing your Home Territory will change the content available to you.

(d)      Blackouts. Certain live sporting events and other content available through the Service may be subject to blackouts.  For example, if you are in the home television territory of a team participating in a game, then the game may be blacked-out for viewing or live viewing as part of your Service subscription.  We may use different technologies and methods to verify your geographic location.  If you do not enable location access on your device, you will not be able to access the Service through the App.

(e)      Technical Requirements. You are required to review the minimum technical requirements necessary for use of the Service prior to purchase. Minimum technical requirements may include, but are not limited to, minimum device system or browser requirements, internet speed requirements or resolution requirements. You acknowledge your user experience may vary based on the device used to access the Service and that the features and functionality available to you may differ based on the device used to access the Service.

(f)       Service Updates. At various times, we may choose to make available updates, bug fixes or other changes or enhancements to the Service (collectively, “Service Updates”).  By subscribing to the Service, you consent to receive all Service Updates without further notice. Service Updates may be:

(i) Automatic, such as in connection with general Site or App changes and additional features or updates to data required by us;

(ii) At your election, in which case you will receive information and instructions for how to authorize optional Service Updates; or

(ii) Mandatory, in which case you will be required to consent to and install the Service Update or install or upgrade a third-party plug-in to maintain access to the Service.

Please note that the Service may be unavailable during a Service Update.

(g)      Copyright. The Service and content available through the Service are protected by copyright pursuant to U.S. and international copyright laws.  You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any content available through the Service (including software) in whole or in part.

4.  Subscription and Auto-Renewal 

Your subscription to the Service may include enrollment into an ongoing/recurring payment plan.  In such event, your subscription will automatically renew at the end of the billing period you choose, unless cancelled in accordance with the instructions for cancellation below.  Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled.  You can turn off this auto-renewal by canceling your subscription as described below. You will be notified at least thirty (30) days prior to renewal of an annual subscription of the amount and date of the upcoming renewal payment at the email you maintain as part of your account information.

YOU ARE RESPONSIBLE FOR ALL INTERNET ACCESS CHARGES. PLEASE CHECK WITH YOUR INTERNET PROVIDER FOR INFORMATION ON POSSIBLE INTERNET DATA USAGE CHARGES.

Your subscription to the Service is a personal, revocable, non-exclusive, non-commercial, non-transferable license to privately stream the content made available to you via the Service.  We do not allow transmission or display of the Service for any commercial or business related use or in any commercial establishment or area open to the public (such as a lobby, bar, restaurant, diner, stadium, casino, club, café or theater).  You may not rebroadcast, transmit or perform the programming available via the Service or charge admission for its viewing.

5.  Free Trials 

Your Service subscription may begin with a free trial.  Availability of a free trial is not guaranteed and, if one is available, is only available to those who have not previously received a free trial for the Service.  At the time you sign up for a free trial, you must provide a valid payment method in order to access the Service during the free trial period. Your first payment will be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation below. You can cancel your subscription any time before the end of your free trial.

6.  Subscription Options

We offer monthly (30 day) and annual (365 day) subscription offers. By subscribing, you agree that we may charge your payment method on file for your subscription payments and for any purchases made during your subscription term. At times, we may offer different subscription options, including services and plans or subscriptions with differing conditions and limitations or subscription bundles. The price and the duration of the subscription you select (which excludes applicable sales tax) will be indicated on the order page prior to you placing your order.  Once you place your order, you will receive confirmation of the price and duration of your subscription. 

7.  Cancellation

You can cancel your subscription through the Service at any time before the end of the then-current billing period or free trial.  That cancellation will take effect at the end of that billing period or free trial.  If you purchased your subscription through the Site, you can cancel your subscription by logging into your account on the Site and accessing the My Account section. If you purchased your subscription through a third party (e.g., an app store), please follow the cancellation process set out by the applicable third party.  For questions or help with cancellation or for Home Territory changes, please call Customer Support at 1-866-225-5901.

8.  Price Changes

We reserve the right to change our pricing and billing.  In the event of a price change, we will notify you in advance by sending an email to the email address you have registered with your subscription.  If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions for cancellation below.  If you do not cancel your subscription after the price change and prior to the start of your new subscription period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts.

9.  No Refunds – All Purchases Final

ALL PURCHASES ARE FINAL, AND YOU ARE NOT ENTITLED TO A REFUND OF ANY PURCHASE. If you cancel your monthly or annual subscription, you will continue to have access to the service through the end of your then-current billing period (either that month, for monthly subscribers, or that billing year, for annual subscribers).

10.  Suspension and Termination

You agree that we may, in our sole discretion and without notice, a refund, or liability to you, restrict, suspend, or terminate your access to part or all of the Service if we believe you are using or have used the Service in violation of this Subscriber Agreement or applicable law or regulations or in any manner other than for its intended purpose and in accordance with all other guidelines and requirements applicable thereto.  Without limiting the foregoing, we may restrict or suspend your access to content upon reasonable notice to you, for cause, which includes, but is not limited to, (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if we reasonably believe that your access to content has been obtained fraudulently, or anyone uses your username and password to commit fraud or for other than their intended purpose.  In addition, you understand that we may modify or cease providing all or a portion of the Service at any time without notice to you.

11.  Apple, Inc. Disclaimer

If you have downloaded the Service from the Apple, Inc. ("Apple"), App Store or if you are using the Service on an iOS device, you acknowledge that you have read, understood and agree to the following notice regarding Apple.  This Agreement is between you and us only, not with Apple, and Apple is not responsible for the Service and the content thereof.  Apple has no obligation whatever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you.  To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatever with respect to the Service.  Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.  Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service infringes that third party's intellectual property rights.  You agree to comply with any applicable third-party terms, when using the Service. Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement.  You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

12.  Changes to Subscriber Agreement

We may, from time to time, change this Subscriber Agreement.  We will provide notice when we make a material change via delivery of the revised Subscriber Agreement through the App or by email to the address you have provided us. Such revisions shall be effective immediately; provided however, for existing subscribers, such revisions shall, unless otherwise stated, be effective 30 days after posting.

13. Disclaimers of Warranties

YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE TO ENSURE THAT YOUR USE OF THE SERVICE IN THE JURISDICTION WHERE YOU RESIDE IS PERMITTED PURSUANT TO ALL LOCAL LAWS AND REGULATIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS".  Diamond, its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the Service and the use thereof, including implied warranties of merchantability, title, quiet enjoyment, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness.

Diamond makes no warranties or representations about the accuracy or completeness of the content of the Service or of the content of any sites linked to the Service and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatever, resulting from your access to and use of the Service; (iii) any unauthorized access to or use of Diamond's secure servers or any and all personal information or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party; (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service; or (vii) any errors, failures or delays in computer transmissions or network connections on account of your access to or use of the Service.

14. California (USA) Release

California, USA, residents expressly agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WHATEVER WILL WE OR OUR AFFILIATES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOST REVENUE, INCOME, GOODWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES, IN EACH CASE THAT RESULT FROM OR RELATE IN ANY MANNER TO YOUR USE OF THE SERVICE OR ANY OTHER ACT OR OMISSION BY US.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL DIAMOND, ITS AFFILIATES, PARENTS, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID DIAMOND IN THE ONE YEAR IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID DIAMOND ANY AMOUNTS IN THE ONE YEAR IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH DIAMOND IS TO STOP USING THE SERVICE AND TO CANCEL YOUR SUBSCRIPTION.

YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS SUBSCRIBER AGREEMENT ARE MATERIAL AND BARGAINED-FOR BASES OF THIS SUBSCRIBER AGREEMENT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THIS SUBSCRIBER AGREEMENT.

Depending on where you reside and use the Service, some of the limitations contained in this Section may not be permissible.  In such case, they will not apply to you, solely to the extent so prohibited.

16. Indemnity

You agree to indemnify and hold Diamond, and each of its affiliates, subsidiaries, parents, partners, officers, directors, employees, shareholders, agents, licensors, subcontractors and suppliers, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys' fees, arising out of or in connection with:

(i) Your use or misuse of and access to the Service;

(ii) Your violation of any term of this Subscriber Agreement;

(iii) Your breach of the representations, warranties and covenants made herein;

(iv) Your violation of any third-party right, including any copyright, property, or privacy right; and

(v) Any claim that an action by you in connection with the Service has caused damage to a third party.

17.  Governing Law

This Subscriber Agreement, your use of the Service and our entire relationship will be interpreted in accordance with and governed by the laws of the State of Maryland without regard to conflict- or choice-of-law principles.

18.  Dispute Resolution and Agreement to Arbitrate on an Individual Basis

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT MAY REQUIRE YOU AND DIAMOND TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND DIAMOND CAN SEEK RELIEF FROM EACH OTHER.

By agreeing to this Subscriber Agreement, and to the extent permitted by applicable law, you and Diamond agree that any and all past, present and future disputes, claims or causes of action between you and Diamond arising out of or relating to this Subscriber Agreement, the Service, the formation of this Subscriber Agreement or any other dispute between you and Diamond or any of Diamond's licensors, distributors, suppliers or agents (including any application store or platform from which the Services are accessed or downloaded), and whether arising prior to or after your agreement to this Section, (collectively, "Dispute(s)") will be governed by the procedure outlined below.  You and Diamond further agree that any arbitration pursuant to this Section shall not proceed as a class, group or representative action. This Section (Dispute Resolution and Agreement to Arbitrate on an Individual Basis) shall be construed under and be subject to the Federal Arbitration Act.

(a)        Informal Dispute Resolution. Diamond wants to address your concerns without the need for a formal legal dispute.  Before filing a claim against Diamond, you agree to try to resolve the Dispute informally by contacting support@ballysports.com.  Similarly, if you have provided an email address to us as part of your Service registration, Diamond agrees to do the same.  If a dispute is not resolved within 30 days after the email noting the Dispute is sent, you or Diamond may initiate an arbitration proceeding as described below.

(b)        We Both Agree To Arbitrate. By agreeing to this Subscriber Agreement, and to the extent permitted by applicable law, you and Diamond each and both agree to resolve any Disputes – including any Dispute concerning the enforceability, validity, scope or severability of this agreement to arbitrate – through final and binding arbitration as discussed herein.

(c)        Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by contacting support@ballysports.com within 30 days of first accepting this Subscriber Agreement and stating that you (include your first and last name and email address associated with your Service registration) decline this arbitration agreement.  By opting out of the agreement to arbitrate, you will not be precluded from using the Service, but you and Diamond will not permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein

(d)       Exceptions to Agreement to Arbitrate. Notwithstanding your and Diamond’s agreement to arbitrate Disputes, either you or Diamond may bring a lawsuit in an appropriate court of law asserting causes of action which seek only temporary injunctive relief until an arbitrator can be empaneled and determine whether to continue, modify or terminate such relief, to compel arbitration pursuant to this Section 18 or to enforce any arbitral award issued hereunder. 

(e)      Arbitration Procedures and Fees. You and Diamond agree that the American Arbitration Association ("AAA") will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought ("AAA Rules").  Those rules are available at www.adr.org.  Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules.  You and Diamond further agree that, unless and only to the extent prohibited under AAA Rules, the arbitration will be conducted telephonically or via other remote electronic means.  The AAA Rules will govern payment of all arbitration fees.  The arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law.  Notwithstanding any language to the contrary in this Section 18(e), if a party seeks injunctive relief that would significantly impact other users of the Service as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators. Each party shall select one arbitrator, and the two party-selected arbitrators shall select the third, who shall serve as chair of the arbitral panel. That chairperson shall be a retired judge or an attorney licensed to practice law and with experience arbitrating or mediating disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this Section shall make that determination. If the arbitrator determines a three-person panel is appropriate, the arbitrator may – if selected by either party or as the chair by the two party-selected arbitrators – participate in the arbitral panel. Except as and to the extent otherwise may be required by law, the arbitration proceeding and any award shall be confidential.

(f)        Arbitration Shall Proceed Individually. You and Diamond agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor Diamond may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a "Collective Arbitration").  Without limiting the generality of the foregoing, a claim to resolve any Dispute against Diamond will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. "Concurrently" for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.

(g)        Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR DIAMOND SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE) OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, OR OTHERWISE SEEK TO RECOVER FOR LOSSES INCURRED BY A THIRD PARTY.  IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, IN THE EVENT ALL OR ANY PORTION OF SUBSECTIONS (F) OR (G) OF THIS SECTION (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON EITHER PARTY'S ELECTION.

(h)      Judicial Forum for Disputes. Except as otherwise required by applicable law, in the event that you have opted out from the agreement to arbitrate, an exception to the agreement to arbitrate applies, or the agreement to arbitrate is otherwise found not to apply to you or your claim, you and Diamond agree that any judicial proceeding may only be brought in a state or federal court in Baltimore City or County, Maryland. Both you and Diamond consent to venue and personal jurisdiction there.

19. Software Licenses. You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service. You may not sublicense, assign or transfer any licenses granted with respect to the Service, and any attempt at such sublicense, assignment or transfer shall be null and void.  You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from any proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service.

20. General

(a)        Parties' Intent. If any provision hereof is adjudged by any arbitrator or court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Subscriber Agreement shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein.

(b)        Rules of Construction. This Subscriber Agreement shall be construed as follows: (i) "includes", "including" and cognates thereof shall be understood to mean "includes without limitation" or "including without limitation"; (ii) unless the context demands otherwise, the word "or" shall have the inclusive meaning identified with the phrase "and/or"; (iii) Section and other headings contained in this Subscriber Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Subscriber Agreement; and (iv) any reference made in this Subscriber Agreement to a statute or statutory provision shall include any amendments or successors thereto as in effect at the time the particular provision of the Subscriber Agreement is to be given effect, along with any then-applicable rules or regulations promulgated thereunder.

(c)        Waiver. Any failure to enforce any rights granted hereunder or to take action in the event of any breach of this Subscriber Agreement shall not be deemed a waiver by the non-breaching party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. All waivers must be in writing, and any waiver or failure to enforce any provision of this Subscriber Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

(d)       Entire Agreement; Assignment; Novation. This Subscriber Agreement is the entire agreement between you and Diamond regarding the subject matter herein. You agree that Diamond may assign or novate this Subscriber Agreement, in whole or in part, in its sole discretion and that you are not entitled to assign or otherwise transfer this Subscriber Agreement, or any of your rights or obligations thereunder, to any third party without the prior written consent of Diamond. Any unauthorized assignment will be void and of no force or effect.

(e)      Incorporation by Reference.Your agreement to this Subscriber Agreement also constitutes your agreement to the Sinclair Terms and Conditions. If any provision in this Subscriber Agreement conflicts or is inconsistent with any provision in the Sinclair Terms and Conditions, the conflicting provision in this Subscriber Agreement will control to the extent necessary to resolve the conflict or inconsistency.

(f)        Survival. You agree that the provisions of the following Sections shall survive termination of this Subscriber Agreement or termination of your account, for any reason whatever: Disclaimers of Warranties; Limitation of Liability; Indemnity; Governing Law; Dispute Resolution and Agreement to Arbitrate on an Individual Basis; and General.

(g)      Confidentiality of User Credentials. In order to subscribe to the Service, you are required to create a Bally Sports account.  You are responsible for maintaining the confidentiality of the username and password used to access your account.  Sharing of your username and password with any third person or party is prohibited.  You are responsible for all actions originating from your account.

(h)        Governing language. The original and controlling version of this Subscriber Agreement shall be the English language version.  All translations of this Subscriber Agreement into other languages shall be solely for convenience and shall not control the meaning or application of this Subscriber Agreement.

21. Merchant Selling the Service through the Site.

Diamond has authorized D3 B2C LLC, 420 Columbus Avenue Valhalla, NY 10595, as the merchant selling the Service through the Site only.  D3 B2C LLC does not control, edit or otherwise manage any content made available through the Service, which is owned or licensed by Diamond (for purposes of this Section 21, the “Content Provider”). 

D3 B2C LLC is a service provider to the Content Provider and does not use personal information for its own purposes.  D3 B2C LLC will use and disclose your personal information only for the purposes of fulfilling your subscription order and processing your payments and delivering notices and/or invoices regarding your account.  Your payment card information is processed by a third party processor, and D3 B2C LLC does not receive any of your payment card information.

If you access the Service through the App, please refer to the terms supplied by your in-app purchase provider (e.g., AppStore, Google Play).

Payment methods.  With respect to any purchase of the Service through the Site, we accept payment through the following payment methods: PayPal, VISA, Mastercard, Amex (each, a “Payment Method”).  You can update your Payment Method by going to your profile and choosing “Subscription” within your account.  A change in your payment method may result in changes to your prior billing cycle.  It is your responsibility to update and maintain the payment method associated with your subscription. You are responsible for all charges incurred in connection with your subscription.  In the event your Payment Method is unable to cover the subscription fee, we may suspend your access to the Service until you update your Payment Method and pay your subscription fee.  We may retry billing your payment method after failed attempts (e.g., if your Payment Method is rejected).

22. Information, Support, Questions or Complaints.

For information, support, questions or complaints, please contact us at support@ballysports.com or through the customer contact form available at: https://help.ballysports.com.