NEW YORK FOOTBALL GIANTS WEBSITE TERMS AND CONDITIONS
Updated December 30, 2019
The following Website Terms and Conditions Agreement (the "Agreement") governs your use of the New York Football Giants Website (the "Site"), and the various offerings on the Site, which include, without limitation, the various subscription, authentication and mobile services offered by the Giants (collectively, the "Other Services ", and together with the Site, the "Services"). All persons accessing or using the Services are "Users".
In addition to the terms set forth below, the Other Services have additional terms and conditions, which can be found at http://www.nfl.com/help/subscriptions_terms (the Subscription, Authentication and Mobile Other Services Terms and Conditions) and are incorporated herein by reference. This Agreement does not govern your use of Other Services, and does not govern your purchase of any products or tickets purchased on or through Other Services.
Your use of the Services constitutes your acceptance of this Agreement. Your acceptance of this Agreement provides you with a limited and temporary license and permission to use the Site. We may revoke your permission to use the Site at any time, as described below. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
We reserve the right to change this Agreement from time-to-time. If you access and use the Services after we change this Agreement, you accept the new terms and conditions of this Agreement.
1. COPYRIGHT RIGHTS
We own or license all copyright rights in the text, images, photographs, video, audio, graphics, user interface, and other content provided on the Site or through the Services, and the selection, coordination, and arrangement of such content (whether by us or by you), to the full extent provided under the copyright laws of the United States and other countries. Except as expressly provided in this Agreement, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Site or the Services for any purposes, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.
You may use the Services and the contents contained in the Services solely for your own individual non-commercial and informational purposes only. Any other use, including for any commercial purposes, is strictly prohibited without our express prior written consent. Systematic retrieval of data or other content from the Services, whether to create or compile, directly or indirectly, a collection, compilation, database or directory, is prohibited absent our prior express written consent.
2. TRADEMARK AND SERVICE MARK RIGHTS
We (or our affiliates) own all rights in the product names, company names, trade names, logos, product packaging and designs ("Trademarks") of the Giants, and third parties own all Trademarks in their respective Other Services or services, whether or not appearing in large print or with the trademark symbol. Unauthorized use of any such Trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under the trademark laws of the United States and other countries. You are expressly prohibited from using or misusing any Trademarks, except as expressly provided in this Agreement, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.
3. MODIFICATION OF THIS AGREEMENT; PRIVACY POLICY
We reserve the right to amend this Agreement at any time by posting an updated version. You should periodically visit this page to review the then-current Agreement. Your use of the Services after our posting of amendments to this Agreement will constitute your acceptance of this Agreement, as modified. If, at any time, you do not wish to accept this Agreement, you may not use the Services.
We also have a separate agreement called our Privacy Policy, available at http://www.giants.com/privacy. The Privacy Policy is treated the same way as these Terms and Conditions.
4. ACCESS TO THE SERVICES
In order to access the Services, you must have Internet , either directly or through devices that access Web-based content, and must pay any service fees associated with such access. Not all of the features available through the Services, including certain live streaming audio, video or access to high-quality video, will be available to you without a reliable, high-speed internet connection. As we make changes to the Services, the minimum technical requirements for access to the Services may change. You are responsible for determining whether your computer or device satisfies the minimum technical requirements before you register to access the Services. Moreover, if we change the minimum technical requirements after you initially register to access the Services such that your computer or device no longer satisfies the requirements, your exclusive remedy will be to request termination of your access to the Services under the provisions of Section 22 of this Agreement.
Note that access to and use of the Services through certain mobile or other devices may involve data or other charges, which are your sole responsibility.
5. REGISTRATION, USERNAME, PASSWORD, SECURITY
A. Registration. Registration may be required for certain portions of the Site. We will not grant any user access to any registration-required portions of the Services unless he or she has completed the necessary registration and paid the fees, if any, associated with access to such portion of the Services.
B. Your User Identity. Your username and password will be your identity for purposes of interacting with the Services and other users through the Services.
C. Username, Passwords, and Password Access. You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, your username, and password for the Services. You shall immediately notify us if you learn of or suspect:
(1) any loss or theft of your username or password, or
(2) any unauthorized use of your username or password or of the Services. In the event of such loss, theft, or unauthorized use, we may impose on you, at our sole discretion, additional security obligations.
D. Security Breaches and Revision. If any unauthorized person obtains access to the Services as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly notify us by e-mail at privacy@Giants.NFL.net. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
6. SPECIAL TERMS AND CONDITIONS APPLICABLE TO SERVICES/OTHER SERVICES OFFERED FOR PURCHASE THROUGH THE SITE
If we offer Other Services through the Services, the following will apply.
· We reserve the right to modify the price of any services/Other Services offered for purchase through the Site. We are not responsible for any error in copy or images relating to any services/Other Services offered for purchase through the Site. In order to purchase services/Other Services offered for purchase through the Site, you may be required to provide complete and accurate personal information, including, without limitation, your name, address, telephone number, e-mail address, credit card information and billing address.
· Our Privacy Policy explains how such information collected via the Site may be used by us. Your ability to purchase services/Other Services offered for purchase through the Site is subject to limits established by your credit card issuer. You must notify us immediately of any change in your credit card information, including any change to your home address. By utilizing a credit or debit card for purchase of any of the services/Other Services offered for purchase through the Site, you authorize us to charge such card on a periodic basis as specified in the amount described on the services/Other Services purchase path(s).
· You may be able to buy certain Other Services (including, without limitation, wireless content applications) and services from third-party operated store-fronts available within the Site ("Third Party Sales Locations"). Even though the Third Party Sales Locations may have the look and feel of the Site, please be aware that such Third Party Sales Locations may be governed by additional terms of use agreements. You should read the Terms of Use agreements applicable to such Third Party Sales Locations. We expressly disclaim any responsibility or liability for any damage, loss or injury arising out of the activities of any Third Party Sales Locations or any product or service provided therein.
· Mobile Alerts. If you play fantasy football on the NFL Fantasy platform you will be able to sign-up for our Mobile Alert Service, to receive mobile alerts specific to your fantasy teams and players. Additionally, if you are an NFL.com registered user, you will be able to sign up for mobile game alerts specific to your personal settings. The types and frequency of mobile alerts that you will receive will depend on your selections at registration. Examples of alerts include team-specific game day scoring updates, breaking news, player news, reminders to set your lineup and game day scoring updates. To sign up to receive mobile alerts, you must be a registered user of the Site and you must be 18 years of age or older.
· This Agreement does not cover or govern products or tickets bought on or through Other Services.
7. MODULAR CONTENT
We may provide certain content, which includes graphics, text, audio, video, photographs, news, scores, or other material that is capable of being incorporated, including as a module or via an RSS feed or similar technology, into a web site or other online, cable, wireless, or other service other than the Services ("Modular Content"). To the extent that we make Modular Content available, you agree to use it responsibly and consistent with these Terms of Use and any other rules or restrictions provided to you in connection with the Modular Content.
By using Modular Content or incorporating it within or associating it with a web site or other online, cable, wireless, or other service other than the Services, you agree not to: (1) obscure the Operator's branding of the Modular Content, assert or imply ownership or authorship of the Modular Content, or facilitate another party's assertion or implication of ownership or authorship of the Modular Content; (2) excerpt or edit the Modular Content, except as specifically permitted by us; or (3) publish, place, or utilize the Modular Content in a setting or manner in which it may be associated with content or other material that (i) is or may be considered unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (ii) may constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iii) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (iv) contains or may be associated with a computer virus or other harmful component; (v) constitutes or contains false or misleading indications of origin or statements of fact; (vi) contains any information, software or other material of a commercial nature; or (vii) contains advertising, promotions or commercial solicitations of any kind.
Although we are under no obligation to do so and assume no responsibility or liability arising from any use of Modular Content, we may monitor the web sites or other online, cable, wireless, or other services with which Modular Content is used. You agree that you will promptly, and in any event within 24 hours, remove the Modular Content from any web site or other online, cable, wireless, or other service if we or our agent request that you do so, and that you will maintain the ability to remove Modular Content from any web site or online, cable, wireless, or other service on which you cause it to be placed or with which you cause it to be affiliated. You agree that we have exclusive discretion to direct that the Modular Content be removed from web sites or other online, cable, wireless, or other services at any time and for any reason, including, but not limited to, the prohibited uses of Modular Content described above; that we may implement and use protections to limit the web sites or other online, cable, wireless, or other services in conjunction with which Modular Content may be used or the manner in which Modular Content may be used; and that we may not specifically advise you of the existence or nature of these protections.
We provide Modular Content, if at all, on a voluntary basis. We expressly disclaim any obligation to provide or update Modular Content, to maintain its availability, or to ensure its accuracy.
Notwithstanding any statement to the contrary by us or by you or any third party, your use of Modular Content creates no fiduciary or contractual relationship between us and you, or between us and any third party, other than pursuant to these Terms.
8. GIANTS ONLINE STORE BY FANATICS
Fanatics, Inc., an independent merchandise vendor, operates and is responsible for the online Giants store (the "Store") that allows you to order products (the "Merchandise"). By placing an order in the Store, you acknowledge that Fanatics is exclusively responsible for the fulfillment and shipment of all Merchandise ordered. Fanatics can be reached at http://shop.giants.com/helpdesk/Home or by phone at 1-888- 385-2187. Fanatics' terms of use applicable to the Store can be found at https://shop.giants.com/x-1190.
This Agreement does not cover or govern products purchased on or through Fanatics.
9. LINKS
The Services may contain links to Other Services ("Linked Services"). The Linked Services are not under our control and we are not responsible for the contents of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. The Services provide links only as a convenience, and the inclusion of any links to a Linked Service is not an endorsement by us of any company offering Internet services, Other Services or services on the Linked Services.
You may link to the home page of the Services without obtaining our permission provided that you do so only through a plain-text link. For any other type of link to the Services, you must obtain our express written permission. To seek our permission, you may write to New York Football Giants, ATTN: Legal Department, 1925 Giants Drive, East Rutherford, NJ 07073. If you provide a third-party web site that links to the Services, you: (a) shall not create a frame, browser or border environment around any of the content of the Services; (b) shall not imply that we endorse or sponsor your Web site or any of its Other Services or services; (c) shall not present false information about us, the Services or any of our Other Services or services; (d) shall not use any of our trademarks without our express prior written permission; and (e) shall not include any content that could be construed by us as distasteful, offensive or controversial. Notwithstanding anything to the contrary contained in this Agreement, we reserve the right to deny or rescind permission to link to the Services from any Web site, and to require termination of any link to the Services, for any reason in our sole and absolute discretion.
10. AVAILABILITY OF SERVICES
The availability of the content on the Services may be affected by a variety of factors, including game delays or cancellations, application of the National Football League's broadcast policy (which prohibits broadcast of football games under certain circumstances and in certain areas), technical problems or network delays, program rescheduling, or other reasons. You agree that we are not obligated to provide you with any specific content under this Agreement.
11. COMPLIANCE WITH LAWS/REGULATIONS
You are required to comply with all applicable laws and regulations in connection with your use of the Services, and such further limitations as may be set forth in any written or on-screen notice from us. By using the Services, you represent and warrant that you will not use the Services for any purpose that is either unlawful or prohibited by this Agreement. We reserve the right to disclose any information about you or your use of the Services in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request.
12. PROHIBITED USES GENERALLY
Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Services that:
(a) is copyrighted, unless you are the copyright owner or valid license to such materials and you have the right to grant us the rights and licenses set forth in Section 13 of this Agreement;
(b) reveals trade secrets, unless you own them, or you are the valid license to such materials and you have the right to grant us the rights and licenses set forth in Section 13 of this Agreement;
(c) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
(d) is unlawful, obscene, indecent, sexually explicit, threatening, harmful, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity or refers negatively to people or groups on the basis of their race, ethnicity, religion, sexual orientation, gender, or similar characteristics;
(e) contains false statements or misrepresentations that could damage you, us or a third party; constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or
(f) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
You further agree not to:
(a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the Services, or for purposes of registering for any promotions offered through the Services;
(b) delete or revise any material or other information of any other user of the Services;
(c) harvest, collect, or send information about others, including e-mail addresses, without their consent;
(d) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of one or more of the Services;
(e) use any device, software or routine to interfere or attempt to interfere with the proper working of one or more of the Services or any activity being conducted on this Site;
(f) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services to harvest or otherwise collect information from the Services to be used for any commercial purpose;
(g) allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
(h) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services.
You further agree not to violate or attempt to violate the security of the Service, including, without limitation:
(a) accessing data not intended for you or logging into a server or account that you are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mail bombing" or "crashing", the Services; sending unsolicited e-mail, including promotions and/or advertising of Other Services or services; or
(d) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability.
We may investigate occurrences that may involve violations of the security of the Services or of the law and we may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
13. USER CONTENT AND COMMUNICATIONS
The Services may allow users to communicate with others through real-time chats, message boards, video ratings and other features, or to upload content. In addition, you may be able to interact with other users through fantasy football features or other games that we may from time to time make available. When your account is used to submit, post, or add content to the Services (collectively, "Your Content"), you agree to accept sole responsibility for, and assume all liability (including liability for claims of infringement, libel and slander) associated with, Your Content, including the information, statements, facts, and material contained in any form or medium (e.g., text, audio, video and photographic) therein. We do not claim ownership of Your Content (expressly excluding your user data, which we collect in accordance with the Privacy Policy for the Site and expressly excluding any content created by you based on existing content we own or license (e.g., through a mash-up offering), which we retain full ownership of).
By submitting or posting Your Content to or through the Services, you expressly grant us and our affiliates, and you represent and warrant that you have, all rights, power and authority to grant to us and affiliates, a worldwide, royalty free, perpetual, irrevocable, non-exclusive, transferable and freely sublicenseable right (including any moral rights) and license to use, reproduce, modify, adapt, publish, list information regarding, edit, translate, create derivative works from, distribute, syndicate, publicly perform and display all of Your Content anywhere, and Your name, voice, and/or likeness, and any third party name, voice and/or likeness, as contained in Your Content, in whole or in part, for any purpose, whether commercial or non-commercial, and in any form, media or technology now known or later developed, for use in connection with the business of the Giants, including, without limitation, for promoting any products or services of the Giants or any sponsor, vendor or other third party with a relationship to the Giants in and through all media channels. You also hereby grant to each user of the Services a nonexclusive license to access Your Content through the Services, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Services. No compensation will be paid with respect to any use of Your Content by us or our licensees or others. We are free to use any ideas, concepts, know-how, or techniques contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing Other Services using Your Content. We are under no obligation to maintain any of Your Content and may remove any of Your Content at any time in our sole discretion.
For clarification, if you post or upload Your Content to the Giants Site and/or the Services, You no longer have any rights with respect to that Content.
For additional clarification, nothing in this Section 13 applies to Giants copyrighted materials.
By posting or submitting Your Content to the Services, you also represent and warrant that you own or otherwise control all of the rights to Your Content, and that use of Your Content by us or any of our sublicensees will not infringe or violate the rights of any third party or any applicable law.
We reserve the right (but do not have the obligation) to review, edit, refuse to post or to remove any of Your Content, in whole or in part at any time and to terminate your ability to post Your Content to the Services at any time, without notice, in our sole discretion.
Any gaming features that we make available on the Services, including fantasy football features, are provided exclusively for entertainment purposes. In addition, you are prohibited from gambling or wagering on the result of any gaming features provided on or through the Services, or from using the Services to gamble or wager on the result of any NFL game. If we believe that you have violated the prohibitions in this paragraph, we may immediately terminate your access to the Services, with or without notice to you. Notwithstanding any other provision of this agreement or of law, you will not be entitled to any refund of any fees paid to us if your access is terminated because of a violation or alleged violation of this Agreement.
Although we may maintain technical logs concerning your use of the Services, we do not routinely monitor Your Content. You agree that we may not be held responsible for Your Content and that we are not obligated to monitor them. Despite your agreement that we are not required to monitor Your Content, if we become aware of any of Your Content that we believe to violate this Agreement or to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, we may - but are not required to - act in good faith to restrict access to or availability of Your Content. We may also take steps to terminate your access to the Services or take other appropriate steps, including, without limitation, initiating or assisting in legal action.
If you become aware of any content on the Services that you believe to be objectionable or to violate this Agreement, or that you believe may cause injury to yourself, us, or any third party, you should notify us of such content immediately by emailing privacy@Giants.NFL.net. Even if you notify us of such content that you believe to be objectionable, you agree that we will not be obligated to take any particular steps, or any steps at all, in response to your notification. You agree that your notification under this paragraph will create no duty on our part to you or to any third party, and that we may not be held liable for any action that we take, or for our inaction, after you provide us with notification.
14. NOTICE OF COPYRIGHT INFRINGEMENT
If you believe that any of your work has been copied and is accessible on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Services that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
(d) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by you or the law; a statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive copyright right that is allegedly infringed; and
(e) an electronic or physical signature of you or someone authorized on the copyright owner's behalf, to assert infringement of copyright and to submit the statement.
Claims of infringement which include the above required information must be submitted via postal mail or e-mail to NFL's Copyright Agent as follows:
Nilay Shah, Vice President of Digital Media
NEW YORK FOOTBALL GIANTS, INC.
1925 Giants Drive
East Rutherford, New Jersey 07073 Phone Number: 201-935-8111, ext. 1032 Email: privacy@Giants.NFL.net
We reserve the right to remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of a notice that complies with the requirements of 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.
15. PRIVACY POLICY
We are committed to protecting your privacy and security and we have explained in detail the steps we take to do so in the Privacy Policy, a copy of which you should review by clicking here: http://www.giants.com/privacy You, in turn, agree and consent to the terms of the Privacy Policy by your use of the Services.
16. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED "AS IS".
WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICES, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICES.
WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY.
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE SERVICES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION.
ANY INFORMATION ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES, INCLUDING, BUT NOT LIMITED TO, CHANGES TO PRICES, DISCOUNTS, AND HOURS OF OPERATION.
17. LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE, OR ANY WEB SITE LINKED TO OR FROM THIS SERVICE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE, YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES OR ANY WEB SITE LINKED TO OR FROM THE SERVICE, ANY CONTENT CONTAINED THEREIN, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE EVEN IF WE OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
WE RESERVE THE RIGHT TO ALTER THE CONTENT OF THE SERVICES IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW THE LIMITATIONS IN THIS SECTION 17 APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100.00).
18. INDEMNIFICATION
Upon our request, you agree to indemnify and hold harmless us, and our subsidiaries, affiliates, directors, officers, agents, licensors, co-branders or other partners and employees, from and against all liabilities, claims and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of any of Your Content that you submit, post to or transmit through the Services, your use of the Services, your use of any Modular Content, your violation of this Agreement or your violation of any rights of another.
19. CHOICE OF LAW AND FORUM
PLEASE READ THIS SECTION CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS.
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue of the United States District Court for the District of New Jersey or, for matters not susceptible of adjudication in the federal courts, the courts of the State of New Jersey located in Bergen County, in all disputes arising out of or relating to the use of the Services.
20. UNITED STATES JURISDICTION
The Services are operated out of the United States of America. We do not represent that content or materials presented on the Services are appropriate (or, in some case, unavailable) for use in other locations. If you access the Services from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Services.
21. DISPUTES
PLEASE READ THIS SECTION CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
We would like to resolve any issues, concerns, problems or disputes informally, amicably and by mutual agreement. When disputes arise, please contact Nilay Shah at nilay.shah@giants.nfl.net.
IF WE ARE UNABLE TO RESOLVE DISPUTES INFORMALLY, BY ENTERING INTO THIS AGREEMENT AND ACCESSING OR USING THE SERVICES, YOU AGREE AS FOLLOWS.
PLEASE READ THIS SECTION CAREFULLY AS YOU ARE GIVING UP LEGAL RIGHTS BY AGREEING TO THESE TERMS AND CONDITIONS:
· TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL DISPUTES BETWEEN THE PARTIES SHALL BE SETTLED IN ACCORDANCE WITH THE FOLLOWING PROCEDURES. THESE ARE THE EXCLUSIVE PROCEDURES FOR RESOLVING DISPUTES IF WE ARE UNABLE TO RESOLVE THE DISPUTE INFORMALLY, EXCEPT THAT, TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE THE GIANTS INTELLECTUAL PROPERTY RIGHTS (FOR EXAMPLE, TRADEMARK, TRADE SECRET, COPYRIGHT, OR PATENT RIGHTS); UNDER SUCH CIRCUMSTANCES THE GIANTS MAY BRING A LAWSUIT FOR INJUNCTIVE RELIEF TO STOP UNAUTHORIZED USE OR ABUSE OF THE SITE, OR INTELLECTUAL PROPERTY INFRINGEMENT (FOR EXAMPLE, TRADEMARK, TRADE SECRET, COPYRIGHT, OR PATENT RIGHTS) WITHOUT FIRST ENGAGING IN ARBITRATION OR THE INFORMAL DISPUTE-RESOLUTION PROCESS DESCRIBED BELOW.
o The party seeking to make a claim shall submit the claim to binding arbitration with the American Arbitration Association ("AAA"). The decision of the arbitrator shall be binding upon all parties and their respective successors and assigns, and may be reduced to a judgment or decree in a court of competent jurisdiction, if and only if the arbitrator's decision is in writing and presents detailed conclusions of fact and law.
o Either party to the arbitration may appeal any finding of law (but not of fact) to a court of competent jurisdiction.
o Each party shall bear its own costs and expenses in connection with the foregoing procedures regardless of which party prevails ; provided, however, that each party shall bear one-half the costs and expenses of the AAA and the arbitrator. The arbitrator shall not have the authority to award incidental, consequential or punitive damages, and you waive any right to have damages multiplied or otherwise increased.
o The arbitration shall take place exclusively in Bergen County, New Jersey, and the parties waive any and all objections to that jurisdiction and venue.
o NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed
22. SEVERABILITY AND INTEGRATION
This Agreement constitutes the entire agreement between you and us and governs your use of the Services, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. This Agreement may be modified only by our posting on the Services changes to this Agreement, or by a subsequent writing signed by us.
23. NO WAIVER
Our failure to enforce any provisions of this Agreement or to respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
24. NO PROFESSIONAL ADVICE
Any information supplied by any of our employees or agents, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Services, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. We make no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through the Services, and we will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
25. MISCELLANEOUS
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Services. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
26. TERMINATION
We reserve the right, in our sole discretion, to terminate this Agreement and your access to all or part of the Services, with or without notice and with or without cause. Termination of your access to the Services means the revocation of the limited and temporary license and
permission to use the software and other resources of the Services we are granting to you under this Agreement. The provisions of this Agreement will survive the termination of your access to the Services and of this Agreement. In addition, because the license you grant to us in Your Content is perpetual, termination of this agreement does not terminate our license to use Your Content as described elsewhere in these Terms of Use.
27. NOTICES
At our option, we may give notices to users of the Services by posting a message on the Service, by electronic or conventional mail or by any other means by which users obtain actual knowledge thereof. Any notices you give to us must be by electronic or conventional mail. Any notices you send to us by electronic mail must be sent to privacy@Giants.NFL.net. Notices to us by conventional mail must be sent to: Legal Department, New York Football Giants, 1925 Giants Drive, East Rutherford, NJ 07073. Any notice by you to us will not change the terms of this Agreement unless the change is expressly accepted in writing by one of our authorized officers.
28. VIOLATIONS
Please report any violations of this Agreement to privacy@Giants.NFL.net.
