Midco Sports Plus Subscriber Agreement

Midco Sports Plus Subscriber Agreement

Last Revised: February 17, 2023


The Subscriber Agreement forms a legal agreement between Midcontinent Communications, a South Dakota general partnership located at 4020 W Cayman St, Sioux Falls, SD 57107 (referred to as “Midco”) and you (“Customer”, with you and other users of the Service referred to as “Users”) and applies to your use of the Service which may be amended, supplemented, or replaced from time to time.

You accept and agree to be bound by the terms of this Subscriber Agreement, including any agreements or policies incorporated herein by reference, by clicking “Agree & Continue” or any other industry standard mechanism during the Midco Sports Plus registration process, or by accessing or using any aspect of the Services, or by purchasing the Midco Sports Plus service. If you do not agree to this Subscriber Agreement, you may not use the Midco Sports Plus streaming service (the “Service”). The Service may be accessed through the Midco Sports Plus website (the “Site”) or the Midco Sports Plus application (the “App”) available for mobile, tablet, and over the top (OTT) or connected TV (CTV) devices.

These Terms of Use cover important information about the Service and any applicable fees. They include information about future changes to the Terms of Use, the purchase and renewal of subscriptions to the Service, and limitations of liability.

1. User Eligibility and Age Limitations
By accessing or using the Service, you confirm that:
(a) You are a resident of the United States; and
(b) You are 18 years of age or older; and
(c) You have full power, capacity, and authority to agree to the Subscriber Agreement and have not been previously suspended or removed from using the Service.

2. Incorporation by Reference

Customer’s use of Service is specifically subject to this Subscriber Agreement, and Customer’s agreement to the following which are incorporated by herein by reference and made part of this Subscriber Agreement: (a) the legal notices found at https://www.midco.com/legal (the “Legal Notices”) and (b) Midco’s Acceptable Use Policy (AUP) located at https://www.midco.com/legal/acceptable-use-policy-aup; both of which may be modified by Midco from time to time in accordance with the Legal Notices and applicable law. If any provision in this Subscriber Agreement conflicts or is inconsistent with any provision in the Legal Notices or the AUP, the conflicting provision in this Subscriber Agreement will control to the extent necessary to resolve the conflict or inconsistency

3. User Account Creation
To subscribe to the Service, you are required to create a User Account by providing your name, an email address, a password, zip code, and other information that Midco may require from time to time.

4. Security of User Credentials
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. Midco is not responsible for any loss or activity that results from the unauthorized use of your User Account due to your failure to secure your user credentials.

You must immediately notify Midco in writing at midcosportsplus@midco.com of any unauthorized use of your User Account or any other breaches of security.

5. Suspension and Termination
Midco will have the right to suspend access to your User Account, or to terminate your User Account, at any time and for any reason (including where you are in breach of any of the provisions in this Term of Use), subject to Applicable Laws.

You acknowledge and agree that the terms of this Subscriber Agreement continue to apply even after your User Account expires or is terminated, or where you have stopped using the Service.

6. Service Limitations

The Service content that may be available to you may vary by geographic location. Your geographic location will be determined by Midco in its sole discretion. Certain live sporting events and other content available through the Service may be subject to blackouts or other viewing restrictions as imposed by the NCAA, athletic conferences, individual academic institutions, or by any other contractual agreement. Midco does not guarantee access to any content and the content available to you may change at any time.

The number of simultaneous streams of the Service under your subscription is limited to three (3) streams. The number of simultaneous streams may change at our discretion, and there may be other limits on simultaneous streams for certain content and events.

7. 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.

8. Subscription Service
(a) Subscription and Auto-Renewal
Subscription to the Service is on a monthly basis or for such other periods that Midco may offer from time to time. The applicable fees are set forth on the Midco Sports Plus webpage (https://www.midcosportsplus.com) or on the applicable app store from which the Midco Sports Plus App can be downloaded.

Your subscription to the Service includes enrollment into an ongoing/recurring payment plan. Your subscription will automatically renew at the end of the billing period unless cancelled in accordance the instructions for cancellation below (Section 10). Payment will be charged to your chosen payment method from your initial confirmation of purchase and at the start of every new billing period. You can turn off this auto-renewal by canceling your subscription as described below.

You are responsible for all third-party internet and cellular data access charges.

Midco reserves the right to revise and update the applicable fees for subscriptions (including the fees set out on the relevant app stores where you subscribe to the Service), and the different subscription packages available, at any time at its sole discretion. Any such revision or updates to the fees will apply prospectively to any subscription entered into following the effective date of the fee revision or update.

(b) Free Trials and Promotions
Midco may provide a free trial subscription for a fixed period of time, as determined by Midco in its sole discretion. Unless otherwise stated by Midco in respect of specific promotions, free trials are only available to new Midco Sports Plus users, and Midco reserves the right to cancel any trial subscription immediately if Midco becomes aware that the subscriber has already had a trial subscription on a different User Account or using a different email address. Furthermore, any attempts to register for a further free trial on the same User Account or using the same email address may result in you being charged for the applicable subscription fees.

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.

Eligibility for any other promotions or discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. You are responsible for reading and understanding the specific terms and conditions applicable to any promotions or discounts.

(c) Payment Details
You can pay the fees for your subscription on the Midco Sports Plus website through a credit card Stripe payment, or through your account with an applicable app store via an in-app purchase.

The price of your subscription will be specified during the order process. When you purchase a subscription, you must provide complete and accurate payment information. By submitting payment details, you represent that you are entitled to purchase a subscription using those payment details. If Midco does not receive payment authorization or any authorization is subsequently cancelled, Midco may immediately terminate or suspend your access to your subscription. Midco reserves the right to contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties if there is suspicious activity.

9. Cancellation and Refunds

Cancellation of the Service may be completed by accessing Account Settings on the website or through the app store of original subscription.

Where you have subscribed for the Service through a third party (e.g., an app store), that subscription is subject to the third party’s terms and conditions related to the cancellation and refund of subscription fees.

Where you have subscribed for the Service through our website, such subscriptions are non-refundable and there is no right to refunds or credits unless required by Applicable Laws. Although you may cancel your subscription at any time, such notice will only take effect at the end of your then current subscription period, and you will not receive a refund.

ALL PURCHASES ARE FINAL, AND YOU ARE NOT ENTITLED TO A REFUND OF ANY PURCHASE. Upon cancellation, you will continue to have access to the service through the end of your then-current billing period.

10. Suspension and Termination
You agree that Midco may, in its 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 Midco believes 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, Midco 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 Midco reasonably believes 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 Midco may modify or cease providing all or a portion of the Service at any time without notice to you.

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

12. Availability of Services, Updates
Users may also be required to download and install updates to the Midco Sports Plus App so as to maintain access to the Service and its services. A User's failure to do so might lead to certain services offered on the Service becoming temporarily inaccessible to the User until such update has been downloaded and installed.

13. Intellectual Property, Use License
(a) Midco’s ownership of the Service

All of the patents, trademarks, logos, trade names, rights in domain names, copyrights, and other similar intellectual property rights (whether registered or not) in the Service and the material published on and through it are owned by Midco, its licensors, and other providers of such material and are protected by Applicable Laws. You may not engage in any activity on or through the Service that infringes or otherwise makes unauthorized use of another party’s Intellectual Property Rights.

(b) User's license to use Service.

Your subscription to the Service is a personal, revocable, non-exclusive, non-commercial, non-sublicensable, non-transferable license to access and use the Service (or any part of it or its contents) for your own personal use during which time you may not copy, reproduce, republish, upload, re-post, modify, transmit distribute or otherwise use the Service (or any part of its contents) in any way for non-personal, public or commercial use without prior written consent of Midco. Midco does 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.

You are not granted any right to use, and may not use, any of Midco’s Intellectual Property Rights other than as set out in these Terms of Use and subject to the following conditions:

(i) you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the Service; and

(ii) you may not use any data mining, robots or similar data-gathering or extraction methods.

(iii) Midco reserves the right to monitor your use of the Service and to alter or revoke your license or your access to the Service at any time and for any reason. Your license shall terminate upon the expiry or termination of your User Account.

(c) Public Performance of Copyrighted Works
If public or commercial use is authorized by prior written consent of Midco and Customer intends to play publicly any audio or visual content provided via the Service, Customer is advised that additional fees may be owed to copyright holders or public performance licensing organization such as ASCAP, SEASAC, or BMI in certain situations. Midco has no authority to grant any license for the public performance of copyrighted works

14. Limitation of Liability

(a) Midco shall not be liable for, and credit shall not be given for any failure or interruption of Service caused by acts of God, strikes, emergencies, mechanical failure, cable cut, regulatory or other governmental action, action or inactions by Users, a breach of this Subscriber Agreement by Customer or any other cause beyond Midco’s control.

(b) Subject to the foregoing, to the maximum extent permitted by Applicable Laws:

To the maximum extent permitted under Applicable Laws, the Service is provided on an "as is" and "as available" basis and Midco expressly disclaims, and Customer waives, any and all other warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, Midco does not represent or warrant that the Service is accurate, complete, reliable, current or error-free, or free of viruses or other harmful components.

To the maximum extent permitted by Applicable Laws, you agree to indemnify and hold harmless immediately upon demand Midco and its directors, employees, representatives, officers and agents, (the “Midco Indemnified Parties”) from any against any and all third party claims, liabilities, lawsuits, damages, losses, judgments, costs, fees and expenses, including but not limited to, reasonable attorneys’ fees and court costs, (collectively, “Claims”) incurred by and/or brought against Midco Indemnified Parties, to the full extent that such Claims arise from:

(a) your use of, or conduct in connection with, the Service;

(b) your breach of this Subscriber Agreement or any other incorporated policy; or

(c) your failure to comply with applicable laws or violation or infringement upon the rights of any other party, including, without limitation, contractual rights, intellectual property rights, publicity and privacy rights and the rights against libel, defamation, and slander

Midco may terminate or modify any feature or part of the Service at any time without notice. Midco may also revise and update this Subscriber Agreement at any time in its sole discretion by posting an updated Subscriber Agreement on the Service. All such changes to the Subscriber Agreement are effective immediately when posted to the Service and apply to all access to and use of the Service (including orders placed on the Service) thereafter. Your continued use of the Service following the posting of such revised Subscriber Agreement constitutes your acceptance and agreement to the changes which are binding on you.

18. Data Privacy
Midco will only use your personal information as set out in Midco’s Privacy Policy (as amended from time to time) available at the following webpage: https://midco.com/legal/privacy-statement.

19. Transfers
Midco may transfer its rights and obligations under these Terms of Use to another entity, but this will not affect your rights or Midco’s obligations under these Terms of Use. You may not transfer your rights and obligations under these Subscriber Agreement to another person.

20. Waiver
No waiver of any provision hereof shall be valid unless in writing and signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

21. Legal Application
By use of the Service, you agree to submit to the exclusive venue and jurisdiction of the federal or state courts located in Minnehaha County, South Dakota for any controversy or claim arising out of this Agreement. This Agreement shall be subject to and construed in accordance with the laws of the state of South Dakota without regard to its choice of laws, rules, or provisions. No term or provision of this Agreement shall be deemed waived, and no breach excused unless such waiver or consent is in writing and signed by the Party claimed to have waived or consented. This document, Exhibits, Attachments, Service Orders, and Midco’s Acceptable Use Policy (as presented on www.midco.com) represent the entire Agreement between the Parties and supersedes all prior conversations, representations, promises, and warranties (expressed or implied) made prior to or at the time of the signing of this document. This Agreement may be amended only in writing signed by an authorized representative of each Party. If any action at law or equity is necessary to enforce the terms of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees, costs, and expenses, in addition to any other relief to which it may be entitled. Each of Midco’s rights and remedies under this Agreement shall be cumulative and additional to any other or further rights or remedies provided in law or equity or otherwise.

22. No Third-Party Beneficiaries
This Agreement shall be binding upon, enforceable by, and inure solely to the benefit of each Party hereto as well as their successors and assigns. Nothing in this Agreement, express or implied, is intended to or shall confer upon any third party any right, benefit, or remedy of any nature under or by reason of this Agreement.

23. Severability
Any provision of this Agreement held or determined by a court (or other legal authority) of competent jurisdiction to be illegal, invalid or unenforceable in any jurisdiction shall be deemed separate, distinct and independent, and shall be ineffective only to the extent of such holding or determination without (a) invalidating the remaining provisions of the Agreement in that jurisdiction or

(b) affecting the legality, validity or enforceability of such provision in any other jurisdiction.