Terms of Use

BY CHECKING THE "I HAVE READ AND AGREE TO THE TERMS OF USE AND PRIVACY POLICY" BOX LOCATED ON THE ONLINE SUBSCRIPTION PAGE, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THE TERMS, CONDITIONS AND DISCLAIMERS SET OUT IN THESE TERMS OF USE (“TERMS”), AS AMENDED FROM TIME TO TIME.

GENERAL: “School Space” means School Space Media Holdings, LLC, a Minnesota limited liability company, and each of its affiliates, including, without limitation, School Space Media, LLC, a Minnesota limited liability company, School Space Media West, LLC, a Minnesota limited liability company, School Space Media East, LLC, a Minnesota limited liability company, and School Space Media Denver, LLC, a Minnesota limited liability company (each, an “Affiliate”). The School Space webcast (the "Webcasts") access offered through http://NSPN.tv (the "Site") is produced and made available by the School Space Affiliate in your regional location.

DESCRIPTION OF SERVICE: The Site provides a service that enables website visitors to view Webcasts from a School Space live stream or archive (the “Services”) as determined by the visitor’s subscription plan. To access such Services, the user must select an online subscription plan and complete the associated subscription form (the "Subscription"). The term of Subscription that the user selects is hereinafter referred to as the “Subscription Term.”

PAYMENT TERMS: The current Subscription fees (the "Fees") applicable to the School Space Webcasts can be viewed at http://NSPN.tv. The Fees applicable to the Webcasts, together with all applicable taxes, will be billed automatically to the credit card (the "Account Credit Card") you designate at the time you subscribe for the Subscription. You warrant that you are the cardholder of the Account Credit Card and the relevant information required for processing Fees is valid at all times. You must notify us of any change of address or other relevant information in a timely fashion. If the Account Credit Card expires, you must notify us of the new expiration date before the previous expiration date has passed. School Space reserves the right to levy a fee for any credit card transaction that fails. If you want to designate a different credit card or if there is a change to the existing Account Credit Card, you should update the relevant information online at http://NSPN.tv in your profile setting page. Except as provided below, the Subscription will be processed and the Account Credit Card will be charged no later than five (5) days from the date of your Subscription. You agree to pay all Fees incurred in connection with your Subscription, including any applicable taxes. Except as provided herein, all Fees are non-refundable. You understand that School Space will process your payment and that "School Space Subscription" is the name that will appear on your transaction record. Please note that Fees do not include any applicable charges incurred to access any of the Webcasts, through an Internet, wireless or other third party service provider.

AUTOMATIC RENEWAL: Your Subscription to the Services is an automatic renewal contract. Your Subscription will automatically renew at the end of each Subscription Term for a subsequent Subscription Term of equal duration, unless cancelled prior to the expiration of the Subscription Term. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled prior to the expiration of a Subscription Term.

PRICING CHANGES: We reserve the right to change our pricing at any time. In the event of a price change we will attempt to notify you thirty (30) days in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your Subscription. If you do not cancel your Subscription prior to the date that the price change takes effect, your Subscription will be automatically 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 account for these amounts. However, if you incur a price increase on your Subscription prior to receiving notice of such price increase, you may cancel the Subscription by providing us with notice no later than thirty (30) days after we implement the price change, and School Space will cancel your Subscription and reimburse you for the Fees paid from the date of such price increase. We will not be able to notify you of any changes in applicable taxes.

CANCELLATION: You can cancel your Subscription online at any time by accessing your account profile and selecting CANCEL prior to the beginning of your next Subscription Term which is identified in your account profile as "Subscription Renewal Date.”

REFUNDS/REIMBURSEMENTS: Except as provided in the “Price Changes” section above, all Fees and other payments to School Space are NON-REFUNDABLE. If you cancel your Subscription during the Subscription Term, you will not be refunded or reimbursed for any Fees, taxes, or other charges paid on the unused part of the Subscription nor credited for any future Subscription.

SCHOOL SPACE TERMINATION: School Space reserves the right to terminate your Subscription and your access to the Site and Webcasts at any time and for any reason, including without limitation, if the Account Credit Card is invalid for any reason, if School Space does not receive payment, or where School Space has determined, in its sole discretion, that use of the Webcasts by you is, or was, in breach of the Terms of Use. Any such termination by School Space shall be in addition to and without prejudice to such rights and remedies as may be available to School Space, including injunction and other equitable remedies. The disclaimer, limitations on liability, and indemnity provisions shall survive termination or expiration of your Subscription and these Terms.

DISCLAIMERS: YOU EXPRESSLY UNDERSTAND AND AGREE THAT EACH OF SCHOOL SPACE, ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE "SCHOOL SPACE GROUP") DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS (COLLECTIVELY THE "WARRANTIES") OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES OR COMPLETENESS AS WELL AS ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. FURTHER, THE SCHOOL SPACE GROUP DOES NOT WARRANT THAT THE SITE, THE WEBCASTS OR THE CONTENT WILL CONTINUE TO OPERATE OR OTHERWISE OPERATE WITHOUT INTERRUPTION OR OTHERWISE IN A TIMELY, SECURE OR ERROR-FREE MANNER OR THAT SAME WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE SCHOOL SPACE GROUP BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE (JOINTLY OR SEVERALLY) FOR ANY CLAIM, LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES FOR LOSS OF INFORMATION OR DATA, PROFITS, SAVINGS, REVENUE, GOODWILL OR OTHER INTANGIBLE LOSSES ARISING FROM, OR IN ANY WAY CONNECTED WITH THE SITE, THE WEBCASTS OR ANY OF THE CONTENT (INCLUDING THE PERFORMANCE OF, USE OF, OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, SAME), REGARDLESS OF WHETHER THE SCHOOL SPACE GROUP HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH CLAIM, LOSS OR DAMAGES. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, BREACH OF WARRANTY, CIVIL LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL SCHOOL SPACE GROUP’S AGGREGATE LIABILITY EXCEED THE AMOUNT PAID TO SCHOOL SPACE BY YOU FOR THE WEBCASTS. CERTAIN WEBCASTS ARE PROVIDED THROUGH NETWORKS AND FACILITIES, INCLUDING THE PUBLIC TELEPHONE NETWORK, THAT ARE NOT UNDER THE CONTROL OF SCHOOL SPACE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL SCHOOL SPACE GROUP BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF THE SITE, WEBCASTS OR CONTENT RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, OR GOVERNMENTAL ACTIONS.

You acknowledge and agree that School Space does not guarantee or promise coverage or availability of any particular game, event, or other Webcast. You further acknowledge and agree that the Webcasts may be temporarily unavailable as a result of disruptions as described above. While School Space makes every reasonable effort to minimize such downtime, School Space cannot guarantee the 100% availability of the Webcasts. Accordingly, if you are dissatisfied with the available content or the Webcasts for any reason, your sole and exclusive remedy is to cancel your Subscription in accordance with these Terms.

You expressly acknowledge that School Space has set the Fees for the Webcasts, entered into these Terms, and has and will make the Webcasts available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and School Space. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of these Terms.

COMPUTER VIRUSES: While School Space makes every reasonable effort to ensure that the Webcasts made available on the Site do not contain computer viruses and other destructive elements, you acknowledge and agree that, prior to your use of any of the Webcasts, it is solely your responsibility to (a) take all protective measures to guard against viruses and other destructive elements (including the use of industry standard and updated virus scanning tools); and (b) ensure that you have a complete, current and secure back-up of the applicable items of information and software on your computer or other electronic device used to access the Site and Webcasts.

INDEMNITY: You agree to defend, indemnify and hold harmless each of School Space, its affiliates, licensors, co-branders and other partners, and each of their respective officers, directors, employees and agents, including all third parties mentioned on the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from: (a) your breach of these Terms; (b) your access to or use of the Site or Webcasts; (c) your use or reliance on, or publication, communication or distribution of, anything on or from the Site; or (d) your violation of any law or regulation.

OWNERSHIP; USE OF CONTENT: You acknowledge and agree that all School Space Services and content accessed via your Subscription are owned by, and will continue to be owned by, School Space during and after your Subscription expires. You acknowledge and agree that any School Space Services or content accessed via your Subscription shall be used solely for non-commercial use and that such content shall not be transferred or broadcast without the written consent of School Space.

PROHIBITED USES: You agree to comply with all applicable laws and regulations (“Applicable Law”) with respect to your use of the Webcasts. School Space may investigate any violations of Applicable Law and may cooperate with law enforcement authorities in investigating or prosecuting users in this regard. The Webcasts are provided for your personal, non-commercial use. You may not distribute, reproduce, republish, display, transmit or use any material for public or commercial purposes without the written permission of School Space.

LAW AND JURISDICTION: The Site and Webcasts are controlled, operated and administered by School Space from its offices within Minnesota. These Terms shall be interpreted, construed and governed by the laws of the State of Minnesota.

COMMUNICATION: As part of the Site and Services you agree to receive a series of ongoing communications regarding the Web Site and Services. You have the option at any time to opt-out or unsubscribe.

PROMOTIONAL MATERIALS: You acknowledge and agree that School Space, in its discretion, may market, promote, or advertise to you, through email or your School Space account, any games, events, or other Webcasts that are directly related to your Subscription.

GENERAL: These Terms are personal to you, and you may not assign your rights or obligations to anyone. These Terms, together with your Subscription, constitute the entire agreement between School Space and you pertaining to your use of the Webcasts and supersedes any prior agreements between you and School Space.