FSM TERMS OF USE

Fenway Sports Management Terms of Use

New England Sports Enterprises, LLC d/b/a Fenway Sports Management (“FSM”) provides this FSM Website and related services for your personal noncommercial use only and subject to your compliance with this Terms of Use Agreement (the “Terms of Use”). Please read these Terms of Use carefully before using this site or its related services. By using this site, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this site. FSM reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. By using this site after notice of such changes is posted, you agree to be bound by the modifications, alterations or updates.

PRIVACY

FSM respects the privacy of the visitors to this site. To see our Privacy Policy, which is incorporated into these Terms of Use by reference, view this page fenwaysportsmanagement.com/privacy-policy/

TRADEMARKS, COPYRIGHTS, AND RESTRICTIONS

This site is controlled and operated by FSM. All material on this site, including, but not limited to images, photographs, characters, names, graphics, logos, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other rights which are owned and/or controlled by FSM, or its affiliates, or by other parties that have licensed their material to FSM. You may use material from this site and other sites controlled by FSM only for your own personal, non-commercial use. Unauthorized modification of the materials or use of the materials for any other purpose is a violation of the Federal copyright and trademark laws and other proprietary rights. Content from this site or related services may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without FSM’s prior written authorization. The use of any such content on any other website or networked computer environment or in connection with any other service, unless expressly authorized in advance FSM in writing, is prohibited.

LICENSE TO FSM

By engaging in any form of communication through this service, you are granting FSM a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform or display any such communication, including the right to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction.

LINKED SITES

This site and related services may contain links to third party websites on the Internet (“Linked Sites”). Linked Sites are operated subject to their own terms of use. FSM is not responsible for the content of any Linked Site. The links to these sites are for your convenience only, and you access them at your own risk.

E-MAIL AND OTHER SUBMISSIONS

Any e-mails, ideas, suggestions, concepts or other material submitted will become the property of FSM and FSM shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to FSM Website, you agree that FSM has the right to publish the material for any type of use, including promotional and advertising purposes.

You agree to indemnify FSM and its officers, directors, employees, agents, distributors, and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of any of the agreements, representations, and warranties set forth in these Terms of Use.

DISCLAIMER

CONTENT ON THIS SITE OR RELATED SERVICES IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FSM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FSM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THIS SITE OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT FSM OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FSM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON FSM’S WEBSITE OR RELATED SERVICES IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT FSM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE CONTENT THAT YOU READ ON THIS SITE OR VIA RELATED SERVICES IS PROVIDED SOLELY FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES.

NEITHER FSM NOR ANY OF ITS AFFILIATED OR RELATED ENTITIES OR ITS CONTENT PROVIDERS ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY CONTENT, INFORMATION OR OPINIONS PROVIDED ON THE WEBSITE OR VIA RELATED SERVICES (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH CONTENT, INFORMATION OR OPINIONS OR TO WHOM SUCH CONTENT, INFORMATION OR OPINIONS MAY BE FURNISHED).

JURISDICTIONAL ISSUES

Unless otherwise specified, the content in the FSM Website or related services is presented solely for the purpose of promoting programs, events, products, and services available worldwide. This site and the related services are controlled and operated by FSM from its offices within the United States. FSM makes no representation that FSM Website, any related services or any content thereon or provided therewith is appropriate or available for use in all locations throughout the world. Those who choose to access this site or related services from locations outside of the United States do so on their own initiative and at their own risk, and are responsible for compliance with all applicable local laws.

These Terms of Use 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. Any action you, any third party or FSM bring to enforce these Terms of Use or, in connection with, any matters related to this site or related services shall be brought only in either the state or Federal courts located in Massachusetts, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use and the Privacy Policy incorporated herein, together with any additional terms agreed between FSM and you from time to time, constitute the entire agreement between us relating to the matters contained herein and shall not be modified except in writing, signed by FSM.

INTELLECTUAL PROPERTY NOTICES

This Website is owned and operated by FSM. The content on this Website is protected by copyright, trademark and other intellectual property laws.

You may use content from this site, other sites controlled by FSM or related services only for your own personal, non-commercial use. Unauthorized modification of such content or use of such content for any other purpose is a violation of the Federal copyright and trademark laws and FSM’s proprietary rights. Content from this site or from related services may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written authorization of FSM. The use of any such content on any other website or networked computer environment, or in connection with any other services, unless authorized in advance by FSM in writing, is prohibited.

COPYRIGHT NOTICE

© 2024 FSM. All Rights Reserved.

TRADEMARKS

FSM, the FSM name and all associated logos are trademarks of FSM and may not be used without written permission.

All other trademarks appearing on the FSM Website are the property of their respective owners.

COPYRIGHT INFRINGEMENT

FSM respects the intellectual property rights of others and is committed to complying with U.S. copyright laws. If you believe that your work has been copied in a manner that constitutes copyright infringement, please provide notice through the following procedure.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING FSM THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.

Written notification must be submitted to the following Designated Agent:

  • Service Provider: FSM
  • Name of Agent Designated to Receive Notification of Claimed Infringement: FSM Legal
  • Full Address of Designated Agent to Which Notification Should be Sent: 82 Brookline Ave, Boston MA 02215
  • Telephone Number of Designated Agent: 617-226-6000
  • Email Address of Designated Agent: legal@redsox.com

To be effective, the Notification must 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 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 FSM to locate the material;
  4. Information reasonably sufficient to permit FSM 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; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized.

Upon receipt of the written Notification containing the information as outlined in 1 through 6 above, FSM  shall take reasonable steps including promptly notifying and forwarding the written notification to such alleged infringer.

Counter Notification by Alleged Infringer: To be effective, a Counter Notification must be a written communication provided to FSM’s Designated Agent that includes substantially the following:

  1. A physical or electronic signature of the alleged infringer;
  2. 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;
  3. A statement under penalty of perjury that the alleged infringer has 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;
  4. The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which FSM may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.

Last updated: January 31, 2024