IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO A WAIVER OF CLASS ACTION RIGHTS AND THE RIGHT TO A JURY TRIAL AS DETAILED IN THE CLASS ACTION AND JURY TRIAL WAIVER SECTION BELOW.
In order to register for the registration-only areas of the Website or Services, if any, you must provide certain information about yourself. You must be at least thirteen (13) years of age or older to register for and receive certain membership benefits, except residents of California must be at least eighteen (18) years of age or older to register for and receive certain membership benefits. By registering, you acknowledge and agree that you are over thirteen (13) years of age, or at least eighteen (18) years of age if a resident of California, and that the information you have provided is true, accurate, complete, and correct as of the date of registration, and that you will promptly update your registration information, should it change.
During the registration process, you must select a user name and password. It is your responsibility to ensure that your password remains confidential. By registering, you agree that you will not allow others to use your account and that you are fully responsible for all activities that occur under your user name. You agree to notify MSG immediately in the event of unauthorized use of your password or account, or of any other breach of security relating to your account. MSG is not liable for any loss or damage resulting from your failure to maintain the confidentiality of your account as provided herein. MSG may assume that any communications MSG receives under your password have been made by you. The Services may offer you opportunities to vote in connection with certain events, enter contests and sweepstakes, and make purchases. By participating in any such activities, you signify your agreement to all special terms set forth on or through Services applicable to the particular event, contest or sweepstakes, as well as the terms of this TOS. In the event of a conflict between such special terms and this TOS, this TOS applies.
The Services may enable its registered users to submit, post, upload, or otherwise make available through the Services (collectively, “post”) content such as video clips, photographs, public messages, ideas, comments and other content (collectively, “User Content”) that may or may not be viewable by other users. You acknowledge and agree that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom the User Content originated. You further agree that you have all required rights to submit, post, upload or otherwise use or disseminate such User Content without violation of any third-party rights.
When you submit User Content on or through your use of any of the Services, you grant MSG a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licenseable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, and publish such User Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.
You acknowledge and agree that your user name may be associated with any User Content that you post. You represent and warrant to MSG that you own or otherwise control all rights to any User Content you post on or through the Services. You agree that you will indemnify, defend, and hold harmless MSG for all claims resulting from User Content you post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
You acknowledge and agree that MSG and its designees may or may not, at MSG’s discretion, pre-screen User Content before its appearance on the Services, but that MSG has no obligation to do so. You further acknowledge and agree that MSG reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Services. Without limiting the foregoing, MSG and its designees shall have the right to remove any User Content that violates the TOS or is otherwise objectionable in MSG’s sole discretion. You acknowledge and agree that MSG does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content. You understand that by using the Services, you may be exposed to User Content that you may consider offensive or objectionable. You also acknowledge that MSG is a provider of an interactive computing service as set forth the Communications Decency Act, 47 U.S.C. §230. MSG expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on or through the Services.
CODE OF CONDUCT
When submitting User Content on or through your use of any of the Services, you agree to abide by the TOS and the following Code of Conduct.
You agree that you will not:
- Post or otherwise provide User Content that harasses, abuses, or threatens any other person, or that contains obscene content;
- Post User Content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
- Post User Content that is unlawful, harmful, tortious, defamatory, libelous, or invasive of another’s privacy;
- Copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these TOS), modify, distribute, transmit, display, perform, reproduce, broadcast, duplicate, publish, license, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Services, by any means except as provided for in these TOS or with the prior written consent of MSG;
- Scrape, access, monitor, index, frame, link, or copy any content or information on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or using any method of access other than manually accessing the publicly-available portions of the Services through a browser or accessing the Services through any approved API;
- Violate the restrictions in any robot exclusion headers of the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services;
- Post material that advocates illegal activity or discusses illegal activities with the intent to commit them (in either case as determined by MSG in its sole discretion);
- Post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, software lock, worm, self destruction, drop-device, malicious logic, Trojan horse, trap door, “disabling,” “lock out,” “metering” device or any malicious code);
- Post or do anything that could disable, overburden, or impair the proper working of the Services;
- Post material that impedes or otherwise prohibits communication; disrupts the discussion including, without limitation, using fan names in topical boards that are offensive to the topic, the team, the sport and/or its fans, and repeatedly posting off-topic messages in a topical message board;
- Post, utilize or otherwise make available any other party’s intellectual property unless you have the right to do so, whether through an assignment of rights, use waiver, license, fair-use exception, or under generally accepted news practices;
- Post any trade secrets or other confidential or proprietary information, or post any material that you do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;
- Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity in a manner that does not constitute parody;
- Through misrepresentation or otherwise, solicit personal or sensitive information from other users such as address, credit card or financial account information, or passwords;
- Post spam or other advertisements or solicitations, promote commercial entities, or otherwise engage in commercial activity on or through the Services;
- Violate the law or encourage conduct that would constitute a criminal offense or give rise to civil liability;
- Violate these TOS or any guidelines or policies posted by MSG;
- Interfere with any other party’s use and enjoyment of the Services.
MSG reserves the right, in its sole and absolute discretion, to remove any User Content and/or cancel the account of any user.
CHANGES TO SERVICE OFFERINGS
MSG reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice. You agree that MSG shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.
You agree that MSG may, in its sole and absolute discretion and without notice or liability to you or any third party, terminate your account. Grounds for such termination shall include, but not be limited to, (a) breaches or violations of the TOS (including, without limitation, the Code of Conduct) or other agreements and/or guidelines, (b) requests by law enforcement or government agencies, (c) discontinuance or material modification of the Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity and/or (f) to protect the rights, property or safety of MSG, its agents and affiliates, its users and the public.
Termination of your account may include removal of access to all offerings requiring registration and, at MSG’s sole discretion, the deletion of your account and/or User Content.
If products and/or services are made available for purchase through the Services and you wish to purchase such products and/or services, you may be asked by MSG or its designee (or, if such product or service is being made available by a third-party provider, by such third-party provider) to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR USERNAME(S) TO PURCHASE ANY SUCH PRODUCT AND/OR SERVICE. Verification of information may be required prior to acceptance of any order through the Services. Descriptions or images of, or references to, products and/or services on the Services do not imply MSG’s endorsement of such products and/or services. MSG’s reserves the right, with or without prior notice, to: change descriptions or references to products and/or services; limit the available quantity of any product or service; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any visitor to, or use of the Services with any product or service. Price and availability of any product or service offered through the Services is subject to change without notice. Refunds and exchanges shall be subject to MSG’s refund and exchange policies, as may be made available by MSG and updated by MSG from time to time. You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred, including all shipping and handling charges.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
You agree that MSG shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on or through the Services.
The Services may provide links to third-party websites or resources, such as those that sell tickets. Because MSG has no control over such sites and resources, you acknowledge and agree that MSG is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that MSG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources.
OUR PROPRIETARY RIGHTS
The Services are owned and operated by MSG and contain material which is derived in whole or in part from material supplied by MSG and its affiliates, subsidiaries and partners, as well as other sources, and is protected by United States copyright laws, international treaty provisions, trademarks, service marks and other intellectual laws. The Services are also protected as a collective work or compilation under U.S. copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by MSG and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of MSG and such others. You agree to protect the proprietary rights of MSG and all others having rights in the Services during and after the term of this TOS and to comply with all reasonable written requests made by MSG or its suppliers and licensors of content or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Services. You agree to notify MSG immediately upon becoming aware of any unauthorized access or use of the Services by any individual or entity or of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Services shall, as between you and MSG, at all times be and remain the sole and exclusive property of MSG.
You may not use any of MSG’s trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with MSG’s consent, and you acknowledge that you have no ownership rights in or to any such items.
You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Services, including content, code and software (collectively, “Material”) unless specifically granted written permission to do so by MSG. MSG Material may include inaccuracies or typographical errors. MSG has the right but not the obligation to make changes and updates to any Material without prior notice.
Specific Restrictions on Use of Associated Press Material
Associated Press (“AP”) text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable for any delays, inaccuracies or errors therefrom or in the transmissions or delivery of all or any part thereof for any damages arising from any of the foregoing.
COMMUNICATING WITH US
Any information provided to MSG by e-mail, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, shall be deemed to be non-confidential, and MSG assumes no obligation to protect such information from disclosure. The submission of such information to MSG shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by MSG for any purpose whatsoever, and MSG shall be free to reproduce, use, disclose and distribute the information to others without restriction.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MSG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. MSG ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER MATERIALS.
- ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, SOFTWARE, TECHNOLOGY OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MSG OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY.
- THE SERVICES DO NOT PROVIDE MEDICAL ADVICE. CONSULT WITH YOUR DOCTOR REGARDING ALL ISSUES RELATING TO THE PREVENTION, DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION.
LIMITATION ON LIABILITY
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
MSG has a policy of, in appropriate circumstances and at its discretion, terminating the accounts of users who infringe the intellectual property of others, including accounts of repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide MSG’s Copyright Agent a Notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that has allegedly been infringed;
- identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single Website are covered by a single notification, a representative list of such works at that site;
- 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 the service provider to locate the material;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You may send your claims of copyright or other intellectual property infringement to MSG’s Copyright Agent at the following address:
Madison Square Garden Copyright Agent
2 Penn Plaza, 19th Floor
New York, NY 10121
Tel: (212) 465-6000
Email: [email protected]msg.com
CLASS ACTION AND JURY TRIAL WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS MSG and you agree that the resolution of any disputes between the parties shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND MSG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
To the extent not prohibited by applicable law that cannot be waived, the parties hereby waive, and covenant that they will not assert (whether as plaintiff, defendant or otherwise), any right to trial by jury in any action arising in whole or in part under or in connection with this TOS or any of the contemplated transactions, whether now existing or hereafter arising, and whether sounding in contract, tort or otherwise. The parties agree that a copy of this paragraph may be filed with any court as written evidence of the knowing, voluntary and bargained-for agreement among the parties to irrevocably waive their right to trial by jury in any proceeding whatsoever between them relating to this TOS or any of the contemplated transactions and that such proceeding will instead be tried in a court of competent jurisdiction by a judge sitting without a jury.
MSG will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
DISPUTE RESOLUTION VENUE
For any dispute relating to MSG’s provision of and your use of the Services, you and MSG agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in the Borough of Manhattan, New York, NY. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The TOS and the relationship between you and MSG shall be governed by the laws of the State of New York without regard to conflict of law provisions. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to these Terms or to any dispute or transaction arising out of this License.
Entire Agreement. The TOS constitutes the entire agreement between you and MSG with respect to the Website and Services and supersedes any prior agreements, oral or written, between you and MSG.
Waiver and Severability of Terms. The failure of MSG to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by an arbitrator court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Third-Party Beneficiaries. You agree that, except for the MSG Family and as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this Agreement.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website, Services and/or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Effective Date: April 18, 2020
© 2020 MSG Entertainment Group, LLC. All rights reserved. Use of the Website and/or Services signifies your acceptance of these Terms of Service.