TERMS OF SERVICE AGREEMENT
USERS UNDER THE AGE OF 18
The Site is intended to be used by persons 18 years of age and older. This Site is not intended for use by children under the age of 18 and no person under the age of 18 may use the Site without the supervision of a parent or guardian. If you use the Site, you affirm you are at least 18 years of age.
RULES OF CONDUCT
You hereby agree that you will comply with all applicable Federal, State and Local laws, rules and regulations, and that throughout your use of the Site you will not: (1) Impede or stop any other person from using the Site; (2) use the Site for any harmful, tortious, unlawful, unethical or immoral purpose; (3) imply that any statements, posts or content you make or submit are endorsed by us, without our prior written consent; (4) impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company; (5) upload, post, email transmit or other offer: (a) any content or information that shall be deemed unlawful, fraudulent, forged, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any confidential, non-public information about companies without authorization; or (c) any advertisements, spam, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication; (6) upload, post, email, transmit or otherwise make available any material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, defamatory, vulgar, libelous, tortuous, abusive, profane, incendiary, racially insensitive, homophobic, insulting, threatening, harassing, hateful or otherwise objectionable, or contains any personal contact information or other personal information identifying any third party without their explicit written consent; (7) submit, upload, post, email, transmit, or otherwise provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; (8) engage in spamming or flooding; (9) collect information about Site users without authorization or consent; or (10) use any area of the Site for any unauthorized commercial purposes, such as to conduct sales of tickets, products or services.
The Site and all data, text, designs, pages, images, artwork, photographs, audio and video clips, and HTML code, source code, software or any other content or media that is viewable or available on the Site, and all products and services, including tickets, obtained from the Site, (collectively, the “Content”) are owned by GTE or our licensors, partners or affiliates. We reserve the right to change the Content and features of the Site at any time.
GTE herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Content on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Content. Furthermore, you do herein agree not to alter or change the Content in any manner, nature or form, and as such, not to use any modified versions of the Content, including and without limitation, for the purpose of obtaining unauthorized access to our Site. You also agree not to access or attempt to access our Site through any means other than through the interface which is provided by GTE for use in accessing our services.
This license is conditioned on your agreement to comply with, and your actual compliance with, each of the provisions described in this Content Rights section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our intellectual property and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.
We or our partners, affiliates and licensors own the registered and unregistered trademarks, logos and service marks displayed on the Site. You may not use our trademarks, logos and service marks in any way without our prior written permission. You may inquire about obtaining permission by writing:
CHANGES TO TERMS
GTE provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to the Site, you acknowledge and agree that: (1) you are at least 18 years old; (2) you own all rights to your Contributions; (3) you grant us a worldwide, non-exclusive, transferable, sub-licensable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your Contributions in our sole discretion, in all formats and in all media channels now known or hereinafter discovered; (4) GTE is under no obligation to either compensate or provide any form of reimbursement in any manner or nature; (5) we are not obligated to post, display or otherwise use any Contributions, or to attribute your Contributions to you; (6) we reserve the right to remove any content from the Site at our sole discretion; (7) you will not make or authorize any claim against us that our use of your Contributions infringes any of your rights; (8) your Contributions do not contain any type of confidential or proprietary information; (9) GTE does not endorse and is not responsible for Contributions and will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings; (10) GTE shall maintain the right (but does not have the obligation) to monitor the site and remove any and all Contributions that it deems inappropriate or harmful, in its sole discretion; and (11) GTE may decide to take any punitive or legal action against any user for violation of these provisions including but not limited to the cancellation of the user’s account.
Under the Digital Millennium Copyright Act of 1998 (“DMCA”) if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.
Notices and counter-notices should be sent to Gameday Tailgate Experience, LLC, One Meadowlands Plaza, Ste. 200, East Rutherford, NJ 07073, Attn.: John Armstrong. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.
Note: Only copyright complaints should be sent to the Copyright Agent. No other communications will be accepted or responded to.
Either GTE or any affiliate, partner, user, or other third party may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that GTE shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site of resource.
Rules for Sweepstakes, Contests and Games
In addition to these Terms, sweepstakes, contests, games or other promotions (collectively, “Promotions”) made available through the Site may have specific rules that are different from these Terms. Participation in Promotions is voluntary. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before you participate in a Promotion. Promotion rules will control over any conflict with these Terms.
Violation of these Terms
GTE reserves the right to investigate any violation of these Terms, including unauthorized use of the Site. GTE reserves the right to take any legal action that we feel is appropriate and pursue any legal remedy for a violation of these Terms. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or any other relief in equity including, but not limited to, punitive damages and lost profits, for your violation of these Terms. If we determine that you have violated these Terms or the law, or for any other reason or for no reason at our sole discretion, we reserve the right to cancel your account, delete all your User Content and prevent you from accessing the Site at any time without any prior notice. If that happens, you may no longer use the Site or any Content, however you will still be bound by these Terms and all obligations under these Terms shall survive termination. You agree that GTE will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you. You agree to indemnify and hold harmless GTE from any claims relating to these Terms. GTE also reserves the right to cancel any ticket or merchandise order, and tickets or merchandise acquired through your order. GTE reserves the right to refuse to honor pending and future purchases made from all accounts we believe may be associated with you, or cancel a ticket or ticket order associated with any person we believe to be acting with you, or cancel your ticket postings, or exercise any other remedy available to us.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) THE USE OF GTE SITES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. GTE AND OUR SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (2) GTE AND OUR SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) GTE SITE OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE GTE SITE OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE REACHED FROM THE USE OF THE GTE SITE OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED; (3) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF THE GTE SITE OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIALS; AND (4) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOUR FROM GTE OR BY WAY OF OR FROM OUR SITE OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
In the event that anyone brings a claim against GTE as a result of your use of the Site, your User Content or your violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, partners, vendors, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs) to the fullest extent allowed by the law. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
DISPUTES, INCLUDING MANDATORY ARBITRATION AND CLASS ACTION WAIVER
User hereby agrees that any dispute or claim relating in any way to your use of the Site, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions: (1) You may assert claims in small claims court if your claims meet the requisite requirements for a small claims case; (2) if a claim involves the conditional license granted to you as described in the Content Rights section above, either of us may file a lawsuit in a Federal or State court located within Bergen County, New Jersey, and we both consent to the jurisdiction of those courts for such purposes; and (3) in the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us may be commenced only in a Federal or State court located within Bergen County, New Jersey, and we both consent to the jurisdiction of those courts for such purposes. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Bergen County, New Jersey before a panel of three arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Gameday Tailgate Experience, One Meadowlands Plaza, Ste. 200, East Rutherford, NJ 07073 Attn: General Counsel. The JAMS Rules are available online at http://www.jamsadr.com/rules-clauses or by calling 1-800-352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS’ rules.
Both parties to arbitration shall agree that the arbitrators may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with Federal law to the fullest extent possible.
OPT-OUT OF ARBITRATION AND WAIVER OF CLASS ACTION
User has the opportunity to opt-out of the Disputes, Including Mandatory Arbitration and Class Action Waiver clause above by written submission within the first thirty (30) days of the commencement of user’s use of the Site and agreement to these Terms. Written submissions can either be sent via electronic mail to: email@example.com or by regular mail to Gameday Tailgate Experience, LLC, One Meadowlands Plaza, Ste. 200, East Rutherford, NJ 07073 Attn: General Counsel. Written submissions must explicitly state that the user opts-out of the Disputes, Including Mandatory Arbitration and Class Action Waiver clause and wishes not to be bound by the obligations contained therein. In the event the user effectively opts-out of the Disputes, Including Mandatory Arbitration and Class Action Waiver clause, user agrees to remain bound and obligated to follow, comply with and abide by all other sections of these Terms.
RELATIONSHIP OF USERS TO GTE
These Terms shall not be deemed to create any partnership, agency, joint venture or employment relationship between the parties.
If you have any questions, comments or complaints regarding these Terms or the Site, please contact us at:
- Gameday Tailgate Experience, LLC
One Meadowlands Plaza, Ste. 200
East Rutherford, NJ 07073