IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE Dispute Resolution SECTION BELOW.
NOTE: These Terms will take effect on the earlier of the date you agree to them or on July 4, 2023. The previous terms that are in effect until that time are located here.
Last Updated: April 20, 2023
For the purposes of these Terms, the terms “MSG”, “we”, “us” and “our” includes, without limitation, three groups of entities: (i) Madison Square Garden Sports Corp. and each of its respective subsidiaries, divisions, affiliated entities and business units as may change from time to time, including, without limitation, MSG Sports, LLC, New York Knicks, New York Rangers, Westchester Knicks, Hartford Wolf Pack (collectively, the “MSG Sports Family”); (ii) Madison Square Garden Entertainment Corp. and each of its respective subsidiaries, divisions, affiliated entities and business units, as may change from time to time (including, without limitation, MSG Entertainment Holdings, LLC, Madison Square Garden, the Arena and the Hulu Theater at Madison Square Garden, Radio City Music Hall, The Beacon Theatre, The Chicago Theatre, The Rockettes and MSG Interactive, LLC) (collectively, the “MSG Entertainment Family”); and (iii) Sphere Entertainment Co. and each of its respective subsidiaries, divisions, affiliated entities and business units, as may change from time to time (including, without limitation, MSG Sphere Studios, LLC, MSG Las Vegas, LLC and Sphere Entertainment Group, LLC and Sphere (collectively, the MSG Sphere Family”)
The Terms apply regardless of the device used to access the Services, including without limitation a personal computer, mobile device, consumer electronics device, or any other technology or software known today or developed in the future.
2. ACCEPTANCE OF TERMS; MODIFICATIONS TO TERMS
Access to and use of the Services is available only to individuals who are at least 18 years old or the age of majority in the jurisdiction where you live, whichever is older, and can form legally binding contracts under applicable law, unless permitted by any Other Governing Agreement. By accessing or using the Services, you represent and warrant that you are eligible and agree that you will abide at all times by these Terms and any other agreements between you and MSG regarding your use of the Services.
If you do not meet the eligibility requirements of this section, then you are not permitted to use the Services and you agree that you will not use the Services. In addition to any other rights that MSG may have in law or equity, MSG reserves the right to suspend or terminate the account of any purported user of the Services who does not meet the foregoing requirements.
- REGISTRATION, ACCOUNT SECURITY AND DISCLSOURES
You may access some of the Services without registering for an account. You may, however, have the option to create an account when you user the Services. By creating such account, you agree to: (i) provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”); (ii) maintain the security and confidentiality of your username and password; (iii) promptly update the Registration Data to keep it accurate, current and complete; (iv) ensure that others do not use your account; and (v) notify MSG immediately in the event of unauthorized use of, or any other breach of security related to your account.
If you provide any Registration Data that is inaccurate, not current or incomplete, or MSG has reasonable grounds to suspect that such Registration Data is inaccurate, not current or incomplete, MSG may deny you access to Services requiring registration or terminate your account, at its sole discretion. You agree that 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 from your account were sent or authorized by you.
You acknowledge and agree that MSG is authorized to act on instructions received through use of your username and password (and/or the Subscription Data, if applicable), and that MSG may, but is not obligated to, deny access or block any transaction made through use of your username and password (and/or Subscription Data, if applicable) without prior notice if we believe in our sole discretion such information is being used by someone other than you, or for any other reason.
- ACCESS TO THE SERVICES
You must provide at your own expense the equipment, Internet connections and/or devices, as may be required to access and/or use the Services. MSG does not guarantee that the Services or all portion(s) thereof can be accessed on all devices or wireless service plans. MSG does not guarantee that the Services are available in all geographic locations. You acknowledge that when you use this Services, your wireless carrier and/or other telecommunications provider may charge you fees for content, access, data, messaging, and/or other wireless access. Check with your applicable provider(s) to see if there are any such fees that apply to you.
- USER CONTENT
The Services may enable you to submit, post, upload, or otherwise make available through the Services 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. When submitting User Content on or through your use of any of the Services, you agree to abide by these Terms and the below Code of Conduct.
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 represent and warrant that you have all required rights to submit, post, upload or otherwise use or disseminate such User Content on or through the Services without violating 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-licensable 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. Notwithstanding the above, you shall retain your intellectual property rights in your User Content.
You acknowledge and agree that your user Registration Data and/or Subscription Data may be associated with any User Content that you submit, post, upload, or otherwise make available through the Services. You agree that you will indemnify, defend, and hold harmless MSG for all claims resulting from User Content you post. MSG reserves the right, at its 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 Terms or is otherwise objectionable in MSG’s sole discretion. You are solely responsible for your interactions with other users of the Service. MSG reserves the right, but has no obligation, to monitor disputes between you and other users.
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
You promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by MSG. By way of example, and not as a limitation, you agree:
- that you will not abuse, harass, impersonate, intimidate or threaten other users.
- that you will not post any content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, sexual identity, disability or other classification.
- that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, or invasive of another’s privacy.
- that you will not make available through the Services any information that infringes any intellectual property, publicity or privacy rights of any other person or entity.
- that you will not copy, download (other than through page caching necessary for personal use, downloading a mobile application, or as otherwise expressly permitted by these Terms), 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 other than your own User Content as set forth herein, by any means except as provided for in these Terms or with the prior written consent of MSG.
- that you will not 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 mobile application or API.
- that you will not 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.
- that you will not 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).
- that you will not 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 other malicious code).
- that you will not post or do anything that could disable, overburden, or impair the proper working of the Services.
- that you will not 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 performer, the sport and/or its fans, or repeatedly posting off-topic messages in a topical message board.
- that you will not 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.
- that you will not 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.
- that you will not 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.
- that you will not provide false information about you or any other person through the Services
- that you will not through misrepresentation or otherwise, solicit personal or sensitive information from other users such as address, credit card or financial account information, or passwords.
- that you will not violate the law or encourage conduct that would constitute a criminal offense or give rise to civil liability.
- that you will not download or use the Services if you are under the age of 18, regardless of any age rating that is given to the Services by any third party.
- That you will deny access to the Services to children under the age of 18, and you will monitor the use of Services so that it may not be used by children under the age of 18.
- that you will be responsible for any use of your credit card or other payment instrument in the Services by anyone under the age of 18.
- that you will use the Services for personal and non-commercial purposes only.
- that you will not use the Services to advertise, solicit or transmit commercial advertisements, including without limitation junk e-mail, spam, spim (e.g., unsolicited text messages), or any other unsolicited messages regardless of the medium (e.g., email, text, SMS, chat)
- that you will use the Services only for lawful purposes. This means that you will not use the Services to directly or indirectly violate any applicable law, rule or regulation or use the Services in any manner that would promote, aid or abet the violation of any applicable law, rule or regulation.
- that you will not transfer, sell or trade the Services to anyone without written permission from MSG.
- that you will not sell or otherwise transfer your Registration Data or Subscription Data.
- that you will not use or access a version of the Services that has been transferred, sold or traded from another user without written permission from MSG, except as permitted by these Terms.
- that you will not use the Services a way that violates these Terms, any Other Governing Agreement or any guidelines or policies posted by MSG.
- that you will not use the Services in a way that interferes with any other party’s use and enjoyment of the Services.
Violation of this Code of Conduct may result in the removal of your content from the Services and/or the canceling of your account or right and ability to use the Services. You acknowledge and agree that MSG may in its sole discretion remove any User Content, block access to the Services or the content therein, and terminate any account at any time for any reason or no reason. To report violations of these Terms, please contact us at [email protected].
- LIMITED LICENSE GRANT
This section sets forth your limited license to use the Services (“License”). The Services are licensed to you, not sold.
A. Grant. Through your access, use, downloading, and/or installation of the Services, you are acquiring and MSG grants you a personal, limited, non-exclusive, non-transferable license to install, use and access the Services for your non-commercial use as set forth in this License. Your acquired rights are subject to your compliance with this License. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Services or any rights to use the Services (including, without limitation, your Registration Data, Subscription Data and/or any other similar information). The term of your License shall commence on the date that you install or otherwise access or use the Services, and shall end on the earlier of the date that you dispose of the Services, or MSG’s termination of this License.
B. Further Restrictions. Your right to use the Services is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Services or any component of it, except as expressly authorized by MSG. Unless expressly authorized in writing by MSG, you are prohibited from making the Services (and/or a copy of the Services) available on or over a network where it could be used and/or downloaded by multiple users. You may not remove or alter any of MSG’s trademarks and/or logos, any legal notices included in the Services and/or any related assets. Your right to use the Services is also predicated on your compliance with any applicable terms of agreements you have with third parties when using the Services.
C. Reservation of Rights. You have obtained a license to the Services and your rights are subject to this License. Except as expressly licensed to you herein, MSG and its licensors reserve all right, title and interest in the Services (including, without limitation, all video, footage, characters, storyline, images, photographs, animations, statistics, graphics, music, text, and any other materials in the Services), and all associated copyrights, trademarks, and other intellectual property rights therein. This License is limited to the intellectual property rights of MSG and its licensors in the Services and does not include any rights to other patents or intellectual property. Except to the extent permitted under applicable law, you may not decompile, disassemble, or reverse engineer the Services, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure any product or brand identification, copyright, or other intellectual property notices in the Services. All rights not expressly granted herein are reserved by MSG.
D. Termination. This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from MSG if you fail to comply with any of provision of these Terms. Promptly upon termination, you must cease all use of the Services and destroy all copies of the Services in your possession or control. Termination will not limit any of MSG’s other rights or remedies under these Terms, at law or in equity. Sections 2 through 20; 25, 26 and 27 and any supplemental terms of this License shall survive termination or expiration of this License for any reason.
- PURCHASES; AVAILABILITY; FEES
The provisions of this Section shall apply in the event and to the extent that functionality to purchase products or services is made available to you by or through the Services:
A. Purchases; Order Processing. You may purchase products or services using the Services if you are 18 years of age or older, or the age of the majority in the jurisdiction where you live, whichever is older. You agree to pay in full all prices and fees (including, without limitation, all applicable taxes) for any purchases you, or anyone using your account, make using the Services, via the credit, debit or charge card or other payment means acceptable to MSG that you provide concurrently with your order or is associated with your account. 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. Verification of information may be required prior to acceptance of any order through the Services. If payment is not received by MSG from your credit, debit or charge card issuer or its agents or other payment service provider, you agree to promptly pay all amounts due upon demand by MSG. MSG may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product you wish to purchase is out of stock or is unavailable, or if MSG suspects the request is fraudulent. MSG will either not charge you or refund the charges for orders that MSG does not process or cancels.
B. Prices; Product Descriptions. MSG may revise any or all of the fees and prices associated with products or services at any time for any or no reason. Further, MSG does not guarantee that product descriptions or other content will be accurate or timely. Verification of information may be required prior to acceptance of any order through the Services. Descriptions and images of, and references to, products or services do not imply our or any of our affiliates’ endorsement thereof. Moreover, MSG and its third party operational service providers reserve the right, with or without prior notice, for any or no reason, to: (i) change product descriptions, images, and references; to 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; (ii) bar you and/or any other user from conducting any or all transaction(s); and/or (iii) refuse to provide you and/or any other user with any product. Further, if MSG terminates your use of or registration to the Services because you have breached these Terms, you shall not be entitled to a refund of any unused portion of any fees, payments or other consideration.
C. Order Changes and Cancellations. MSG CANNOT CHANGE OR CANCEL AN ORDER ONCE IT HAS BEEN PROCESSED AND THEREFORE, YOU WILL REMAIN RESPONSIBLE FOR ALL FEES ASSOCIATED WITH ANY SUCH ORDER.
D. Returns and Exchanges. Price and availability of any product or service offered via 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; provided that it is understood and agreed that refunds or exchanges may not be permitted. 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.
E. Your Representations for Purchases. 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 REGISTRATION DATA OR SUBSCRIPTION DATA TO PURCHASE ANY SUCH PRODUCT AND/OR SERVICE. You will be responsible for any overdraw, late or other fees/penalties imposed by your payment provider.
- EMAILS AND OTHER COMMUNICATIONS FROM MSG
You may receive certain commercial communications from MSG. You understand and agree that these communications are part of your use of the Services, and that you may opt out of receiving these communications at any time by either using the unsubscribe functionality in such communications or sending an email to [email protected].
2. LOCATION AND PUSH NOTIFICATIONS AND OTHER TECHNOLOGIES
The Services also may use push notifications to devices that support the transmission of such notifications or alerts. MSG may use push notifications to send you messages regarding offers, products, events, and other promotions and related alerts, as well as informational and/or administrative messages. After downloading the Services, you may be asked to accept or deny push notifications on your device. If you deny, you will not receive any push notifications on that device. If you accept, push notifications will be automatically sent to you on that device. If you no longer wish to receive push notifications from this Services, you may opt out by changing your notification settings on your device. The device manufacturer, not MSG, controls these notification settings.
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.
15. UPDATES TO THE SERVICES
You agree that the Services may automatically download and install updates, upgrades and additional features that MSG deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation MSG may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features. This License shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.
16. COPYRIGHT COMPLAINTS/DIGITAL MILLENNIUM COPYRIGHT ACT
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:
A. 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;
B. identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online location are covered by a single notification, a representative list of such works at that location;
C. 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;
D. your address, telephone number, and email address;
E. 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; and
F. 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 as follows:
For claims to be made in respect of the MSG Entertainment Family’s websites and other digital services, please send your claims to MSG’s Copyright Agent at the following address:
Madison Square Garden Copyright Agent
MSG Entertainment Holdings, LLC
2 Penn Plaza, 19th Floor
New York, NY 10121
Tel: (212) 465-6000
Email: [email protected]
For claims to be made in respect of the MSG Sports Family’s websites and other digital services, please send your claims to MSG Sports Copyright Agent at the following address:
MSG Sports Copyright Agent
MSG Sports, LLC
2 Penn Plaza
New York, NY 10121
Email: [email protected]
For claims to be made in respect of the MSG Sphere Family’s websites and other digital services, please send your claims to MSG Sphere Copyright Agent at the following address:
MSG Sphere Copyright Agent
Sphere Entertainment Group, LLC
2 Penn Plaza
New York, NY 10121
Email: [email protected]
17. LEGAL NOTICES
Any notices of allegations of potential violation of applicable law by MSG, where such notice is required to be provided prior to the initiation of an action against MSG, shall be sent to privacychoic[email protected] with the subject line “Legal Notice”.
18. INDEMNIFICATION AND RELEASE
By using the Services, you agree to defend, indemnify, release and to hold harmless MSG, and their parents, subsidiaries, affiliates, partners, co-sponsors, and agencies, as well as the officers, directors, employees, shareholders and representatives of MSG from and against any claims, liabilities, damages, losses, actions or expenses, including without limitation reasonable legal and accounting fees, of any kind, arising out of or in any way connected with (i) you access to our use of Services or your violation of these Terms; (ii) your User Content; (iii) your interaction with any other users; or (iv) any claims made by any third party in connection with your use of the Services, the receipt, ownership, use or misuse of any products or services made available on or through the Services.
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.
Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold MSG and their respective parents, subsidiaries, affiliates, partners, co-sponsors, and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.
If you are a California resident, you waive California Civil Code Section 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
19. WARRANTY DISCLAIMERS
THE SERVICES AND ALL RELATED CONTENT, PRODUCTS, AND MATERIALS PROVIDED OR MADE AVAILABLE ON OR THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. MSG AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, SPONSORS, AND AGENCIES, as well as the LICENSORS, AGENTS, Members, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AND REPRESENTATIVES of any of the FOREGOING DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. MSG DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SERVICES OR EQUIPMENT; THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED; OR THAT THE SERVICES WILL BE AVAILABLE FOR REINSTALLATION TO THE SAME OR MULTIPLE DEVICES OR EQUIPMENT. NO ORAL OR WRITTEN ADVICE PROVIDED BY MSG, APPLE INC. (“APPLE”), GOOGLE INC. OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
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.
20. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL MSG OR THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, SPONSORS, AND AGENCIES, AS WELL AS THE LICENSORS, AGENTS, Members, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND REPRESENTATIVES OF ANY OF the foregoing BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE LICENSE, OR THE SERVICES WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MSG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEMDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MSG’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MSG FOR GENERAL USE OF THE SERVICES DURING THE TERM OF YOUR USE OF THE SERVICES.
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO NEW JERSEY RESIDENTS.
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.
21. OUR PROPRIETARY RIGHTS
All title, ownership and intellectual property rights in and to the Services are owned by MSG, or their respective licensors. You acknowledge and agree that the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by MSG, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, in whole or in part.
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 property 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 these Terms 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.
22. .SMS Terms and Conditions
The provision and delivery of text messages by MSG or our text message service providers is governed by our SMS Terms and Conditions, which are expressly incorporated herein.
23. FORCE MAJEURE
The failure of MSG to comply with any provision of these Terms due to any cause outside MSG’s reasonable control, including, without limitation, an act of God, hurricane, fire, flood earthquake or other natural disaster, war or other military action, civil disturbance, riot, epidemic or pandemic, terrorism, and act of public enemy, strikes or labor disputes, failure of essential services (e.g. power failures), actions of governmental authorities outside of the control of MSG (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
PLEASE READ THIS “DISPUTE RESOLUTION” SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT FILED IN COURT.
- Informal dispute resolution procedure. If a dispute arises between you and MSG, we are committed to working with you to reach a reasonable resolution. For any such dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This requires first sending a written description of the dispute to the other party. For any dispute you initiate, you agree to send the written description of the dispute along with your contact information to the following email address: Dispute[email protected] For any dispute that MSG initiates, we will send our written description of the dispute to latest email address we have on file for you Account. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought. If the dispute is not resolved within sixty (60) days after receipt of the written description of the dispute, you and MSG agree to the further dispute resolution provisions below.
The above process for an informal dispute resolution process is required before you may commence any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.
- Mutual arbitration agreement. You and MSG agree that all claims, disputes, or disagreements that may arise out of the interpretation or performance of the Services, which includes these Terms (including its formation, performance, and breach) or payments by or to MSG, or that in any way relate to the provision or use of the Services, your relationship with MSG, or any other dispute with MSG, shall be resolved exclusively through binding arbitration in accordance with this Section 25 (collectively, the “Arbitration Agreement”). This includes claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth in Section 25(J) and (K). You and MSG expressly agree that this Arbitration Agreement evidences a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”). If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.
Except as set forth in this Section 25(b), the arbitrator or arbitration body, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and this Arbitration Agreement, including, but not limited to any claim that all or any part thereof are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.
You and MSG agree to submit to the personal jurisdiction of any federal or state court in New York, NY in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. mail and hereby waive any and all jurisdictional and venue defenses otherwise available.
Except as set forth in Section 25(C) below, if any provision of this Arbitration Agreement is found by an arbitrator or 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 thereof remain in full force and effect.
THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND MSG ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Class arbitration and collective relief waiver. YOU AND MSG ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN THIS SECTION 25(C) AND SECTION 25(G) BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM, UNLESS MSG PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.
If there is a final judicial determination that either this “Class arbitration and collective relief waiver” provision or the provisions in Section 25(G) are not enforceable as to a particular claim or request for relief, then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you or MSG from participating in a class-wide settlement of claims.
- Arbitration rules. The arbitration will be administered by National Arbitration and Mediation (“NAM”). If NAM is not available to arbitrate, the parties will select an alternative arbitration provider, but in no event shall any arbitration be administered by the American Arbitration Association. Except as modified by this “Dispute Resolution” provision, NAM will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at [email protected]
- Initiating arbitration. Only after the parties have engaged in a good-faith effort to resolve the dispute in accordance with the “Informal dispute resolution procedure” provision, and only if those efforts fail, then either party may initiate binding arbitration as the sole means to resolve claims using the procedures set forth in the applicable NAM rules. If you are initiating arbitration, a copy of the demand shall also be emailed to [email protected]. If MSG is initiating arbitration, it will serve a copy of the demand to the email address associated with your account or the email that MSG has on file for you. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with the “Informal dispute resolution procedure” provision contemplated by this Arbitration Agreement.
- Arbitration location and procedure. If you are a resident of the United States the arbitration will be conducted in the county where you reside, and if you are not a resident of the United States the arbitration shall be conducted in New York, New York, United States of America, unless you and MSG otherwise agree or unless the designated arbitrator determines that such venue would be unreasonably burdensome to any party, in which case the arbitrator shall have the discretion to select another venue. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and MSG submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.
Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and MSG (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).
- Batch arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with Section 25(D) if NAM is unavailable) against MSG within reasonably close proximity (“Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM (or another arbitration provider selected in accordance with 25(D) if NAM is unavailable) in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by MSG and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with MSG and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This “Batch arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless MSG otherwise consents in writing, MSG does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in Section 25(C) above and this Section 25(G). If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.
- Arbitrator’s decision. The arbitrator will render an award in accordance with this Arbitration Agreement and the applicable NAM rules and procedures. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration (inclusive of that named party’s respective current and former parents, affiliates, subsidiaries, officers, directors, agents, successors, predecessors, assigns, assignees, partnerships, partners, committees, joint ventures, trustees, trusts, employees, immediate family members, and heirs). Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.
- Fees. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in Section 25(G)), provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section 25 while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
- Right to opt-out of the Arbitration Agreement. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION AGREEMENT AS SET FORTH IN THIS “DISPUTE RESOLUTION” SECTION 25, THEN: (1) you must notify MSG in writing within thirty (30) days of the date that you first download, access, or use of the Services or otherwise become subject to this Arbitration Agreement (or any subsequent changes to the provisions of the section titled “Dispute Resolution”); (2) your written notification must be mailed to MSG Entertainment Holdings, LLC., 2 Penn Plaza, 19th Floor, New York, NY 10121, Attention: Legal Department or emailed to [email protected]; and (3) your written notification must include (a) your name, (b) your address, and (c) a clear statement that you wish to opt out of this Arbitration Agreement. MSG will continue to honor any valid opt outs if you opted out of arbitration in a prior version of the Terms pursuant to the requirements set forth in that version. If you do not timely opt out of this Arbitration Agreement, such action shall constitute mutual acceptance of the terms of these “Dispute Resolution” provisions by you and MSG.
- Changes. MSG will provide thirty (30) days’ notice of any changes to this “Dispute Resolution” section by posting the change on the MSG Family websites, and will provide any other notice in accordance with legal requirements. Any such changes will go into effect 30 days after MSG provides this notice and apply to all claims not yet filed. If you reject any such changes by opting out of the Arbitration Agreement any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If MSG changes this “Dispute Resolution” section after the date you first accepted this Arbitration Agreement (or accepted any subsequent changes to this Arbitration Agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out by providing notice as described in Section 25(J).
- References to “MSG,” “you,” and “us” in this Arbitration Agreement include our respective predecessors in interest, successors, and assigns, as well as our respective past, present, and future parents, subsidiaries, and affiliates; those entities and our respective agents, employees, licensees, licensors, and providers of content as of the time your or our claim arises; and all authorized or unauthorized users or beneficiaries of the Services under this or prior Terms between us.
- This Dispute Resolution section shall survive any termination of your use of the Services.
26. GOVERNING LAW
These Terms 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 these Terms.
27. GENERAL INFORMATION
In this section 27, references to Terms shall include these Terms and the License.
- Severability and Survival. If any provision of the Terms is found by an arbitrator court of competent jurisdiction to be invalid, illegal or unenforceable under applicable law, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, the remainder of the provision shall be interpreted to achieve as closely as possible the effect of the original term and all other provisions of the Terms remain in full force and effect.
- Limitation of Liability and Disclaimer of Warranties are Material Terms of these Terms. You agree that the provisions in these Terms that limit liability and disclaim warranties are essential terms of these Terms.
- Entire Agreement. The Terms constitute the entire agreement between you and MSG with respect to the Services and supersedes any prior agreements, oral or written, between you and MSG.
- Waiver. The failure of MSG to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
- Section Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect.
- Taxes. You are solely responsible for any and all duties, taxes, levies and/or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms and/or your access to and/or use of the Services, by any authority of any applicable jurisdiction.
- Export. You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Services to a foreign national or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom MSG is prohibited from transacting business under applicable law.
- No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
- 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 Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Unsolicited Submissions. We do not accept unsolicited submissions for any media, products or services. Please do not make unsolicited submissions to us through the Services, including (1) by uploading User Content, (2) submissions through any third party social network, website or other platform or (3) submissions by e-mail, text messages or other means (collectively, “Submissions”). We are not responsible for any similarity of any MSG content, works or programming in any media to your Submissions. If you make any Submission, or if you provide any comments, information, ideas, concepts, reviews or techniques or other communication you may send to us (“Feedback”), including via responses to surveys and other methods, Submissions and Feedback shall be deemed User Content and will be subject to the grants by you applicable to User Content (but not any rights with respect to User Content) in these Terms, and MSG assumes no obligation to protect such information from disclosure. The submission of such Submissions or Feedback to MSG shall in no way prevent the purchase, manufacture or use of similar products, services, plans and/or ideas by MSG for any purpose whatsoever. Our receipt of your Submissions or Feedback is not an admission by us of their novelty, priority or originality and does not limit our right to contest intellectual property rights related to your Submissions or Feedback.
Please do not hesitate to contact us with any questions, concerns, requests or comments by email at [email protected].
28. ADDITIONAL TERMS FROM THIRD PARTY PLATFORM PROVIDERS
If the Services that you download, access and/or use runs on Apple’s iOS operating system:
- Your license to use the Services is limited to a non-transferable license to use the Services on an iPhone or other iOS Product that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, provided that the Services may be accesses and used by other accounts associated with you via Family Sharing or volume purchasing programs. Capitalized terms used in this Section 28 but not otherwise defined in these Terms shall have the meanings ascribed to them in Apple Media Services Terms and Conditions.
- You acknowledge and agree that:
- these Terms are between you and MSG, and not with Apple, and Apple is not responsible for the Services and the content thereof;
- Apple has no obligation at all to provide any support or maintenance services in relation to the Services, and if you have any maintenance or support questions in relation to the Services, please contact MSG, not Apple;
- except as otherwise expressly set forth in these Terms, any claims relating to the possession or use of the Services are between you and MSG (and not between you, or anyone else, and Apple);
- in the event of any claim by a third party that your possession or use (in accordance with these Terms) of the Services infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim;
- You may not use the Services in any manner that is in violation of or inconsistent with the Usage Rules set forth for Service in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions;
- Your use of the Services must comply with any applicable third party terms of agreement, such as your wireless data service agreement.
- MSG and you acknowledge that MSG, not Apple, is responsible for addressing any claims of you or any third party relating to the Services or your possession and/or use of that Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with any use of the HealthKit and HomeKit frameworks by the Services; and
- although these Terms are entered into between you and MSG (and not Apple), Apple and its subsidiaries, as a third party beneficiary under these Terms, will have the right to enforce these terms against you;
- You represent and warrant that:
- you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and
- you are not listed on any United States Government list of prohibited or restricted parties; and
- if the Services does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the Services (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Services and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Services or as a result of you or anyone else using the Services or relying on any of its content.
© 2023 MSG Entertainment Holdings, LLC, MSG Sports, LLC and Sphere Entertainment Group, LLC, 2 Penn Plaza, New York, NY 10121. All rights reserved.