EMPIRE SPORTS & ENTERTAINMENT TERMS OF SERVICE


Last Updated: January 1, 2017

These Terms and Conditions are entered into by and between Empire Sports & Entertainment, Inc., an Ohio Corporation (“Empire Sports & Entertainment”, “Company”, “Us”), and its Users and visitors to the service “Services”, and together with the Privacy Policy, govern those persons’ access to the Services, as well as any content or functionality of the Services, whether as a visitor or a User.
BY ACCESSING OR USING THE SERVICE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN HEREIN (THE "TERMS"), WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SERVICE. FAILURE TO USE THE SERVICE IN ACCORDANCE WITH THESE TERMS AND PRIVACY POLICY MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES.

  1. Your Personal Data Rights & General Data Protection Regulation (GDPR). How we use your data and your data privacy rights are covered under our Privacy Policy (www.empiresports.com and www.empirese.com and www.ticketintel.com) and are hereby integrated into these Terms and Conditions. If you have questions concerning your data rights and our obligations under the GDPR please consult our Privacy Policy. Our Privacy Policy covers a variety of information about your data rights including but not limited to our obligations and rights as a processor, obligations and rights of the controller, subject matter of data processing, duration of data processing, nature and purpose of data processing, type of personal data collected, categories of data subjects collected, and special categories of personal data collected.
  2. Changes. Company reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Services or order, receive or use Services, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the Terms and Conditions that apply when you access or use the Services or order, receive or use the Services.
  3. Service. Company makes available an online ticketing and resale marketplace. Company additionally may offer sports travel and hospitality packages. Company additionally may sell tickets on other marketplaces. Some products are provided by other users, Company is not responsible for any other user products.
    1. The price and payment procedures are permanently accessible on the Websites.
    2. All prices stated include all relevant local taxes.
    3. We reserve the right to change the cost of any of our Services.
    4. All Return Shipping fees are paid by the Customer.
    5. To the extent permitted by applicable laws and regulations, no refunds will be offered (except in exceptional circumstances such as major service failures). There will be no refund of any payment made for shipping.
  4. Conditions Of Admission. You must agree to these Terms and Conditions in order to use our Services. They govern your use of our Services. If you do not accept the Privacy Policy and these Terms and Conditions, you are not entitled to access our Services. By using our Services, you represent and warrant that you have the legal capacity to enter a contract.
    1. Third Party Terms. Including any third-party that lists Company Services, including live-event tickets, and sports travel packages, and sells said Services is bound by our Terms and Conditions and supersedes any and all other terms, agreements or usage of the third-party sites.
  5. Conditions Of Access.
    1. ) You shall login via your created credentials when signing up to our Services.
    2. ) You may be required to verify that each party is consenting to services via email.
    3. ) Each User shall keep their profile confidential and undertakes not to notify or disclose them to third parties or other Users to prevent fraud or phishing.
    4. ) Each User shall take care not to disclose strictly personal information.
    5. ) We will take any necessary measures to halt fraudulent behavior, including to prevent the prohibited sharing of profiles.
    6. ) Each User undertakes not to carry out any action likely to hinder the operation of the Services and undertakes not to disseminate or arrange for the dissemination of viruses, spam, logic bombs, etc.
  6. Payment Authorization. You agree to provide Company updated information regarding your payment card account upon Company’s request and any time the information earlier provided is no longer valid. You authorize such payment card account to pay any amounts described herein, and authorize Company to charge all sums described in these Terms to such card account.
  7. User Code of Conduct. As our user, you agree not to undertake, motivate, or facilitate the use or access of the Service or the Services in order to:
    1. Infringe these Terms, or allow, encourage or facilitate others to do so;
    2. Plagiarize and/or infringe on the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
    3. Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder;
    4. Republish, sell, rent or sub-license content or materials from the Service without our authorization;
    5. Reproduce, duplicate or copy material from the Service without our authorization;
    6. Use any automated or manual process to obtain, copy, process, access and/or use our Services or any part therefrom to capture unauthorized data or content, for any purpose;
    7. Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from Company or any portion or data feeds therefrom. For purposes of clarification, such actions will include the use of persons, Service search/retrieval applications, software ‘robots’ and ‘spiders’ and any analogous data gathering and extraction tools, regardless of the type and amount of information intended for extraction;
    8. Use our Services to disseminate any type of computer viruses, worms, defects, trojan horses or other items of a destructive nature;
    9. Undertake any action that will or may cause an unreasonable load on Company’s and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from Company;
    10. Intercept or monitor activity via our Services, without our express authorization, or;
    11. Otherwise reverse engineer, decompile or extract the proprietary code of our Services.
    12. Any other action, in our sole discretion, without any limitation to dispute, that would cause harm, damage or the like to Company.
  8. Content Rights and Licenses. The Services, and all Content other than User Content and all software available on the Services or used to create and operate the Services, is and remains the property of Company, and is protected under the Copyright Act of 1976, as amended, and other intellectual property laws of the United States and any foreign jurisdiction where the Services are accessed, and all rights to the Services, such Content, and such software are expressly reserved.
    1. All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Services are the property of their respective owners.
    2. You must not use such marks without the prior written permission of the owner of the marks. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Company.
  9. Limited License to Copy Content. Company grants to Users a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy, and print the portions of the Content available to Users on the Services.
    1. Such license is subject to these Terms and Conditions, and specifically conditioned upon the following:
    2. Users may only view, copy, and print such portions of the Content for their own personal use;
    3. Users may not modify or otherwise make derivative works of the Services or Content, or reproduce, distribute, or display the Services or any Content (except for page caching) except as expressly permitted in these Terms and Conditions;
    4. Users may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
    5. Users may not use the Services or Content other than for their intended purposes.
    6. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms and Conditions may be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise.
    7. Company may revoke this license at any time for any reason or no reason, and shall not be liable to any User for any purported interference with business or contractual relations, in tort or otherwise.
  10. Intellectual Property. Users may not engage in any activity on or through the Services, including transmitting or using User Content that infringes or otherwise makes unauthorized use of another party’s copyright, trademark, or other intellectual property or proprietary rights.
  11. Digital Millennium Copyright Act (‘DMCA’) Notice. In compliance with the DMCA, we inform you that Company is the Designated Copyright Agent for DMCA Takedown Notices and intellectual property rights infringement policing though the Service, which you may contact by email at legal@empiresports.com. You can review the current DMCA text at the U.S. Copyright Office website. Company takes copyright infringement matters seriously, and is ready to remove any allegedly or factually infringing content displayed on the Service upon due notice and request by the title holder.
    1. The following procedure will apply for any content displayed through the Service that allegedly infringes the intellectual property rights of you or of any third party. You must notify us of your claim with subject: “Takedown Request”. Once received, Company will study and consider your claim and, if it believes or has reason to believe any content on the Service infringes on another’s copyright, Company may delete it, disable or otherwise stop displaying it.
    2. Your notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.
  12. DMCA Counter Claim Notice. Given our business model, our affiliates, advertisers, partners and third party syndicated content providers may be adversely affected due to a DMCA Takedown Notice. Accordingly, upon receipt of any such notice, we will try to contact the content owner or webmaster of the affected Service to uphold their right to a Counter Claim Notice, under Sections 512(g)(2) and (3) of the DMCA. To file a Counter Claim Notice, please contact our Designated Agent indicated above, in writing, and with a Counter Claim Notice containing the following information, at a minimum: (i) express identification of the content that we may have or have removed from our Service and section or domain it was displayed; (ii) contact information, such as your address and your email address; (iii) a signature and identification of the title holder and/or the person authorized to act; and (iv) a statement indicating that you swear, under penalty of perjury, that you have a good faith belief that the information provided in the Counter Claim Notice is true and accurate.

    13. DISPUTE PROCESS
  13. Assumption of Risk. You are solely responsible for ensuring that your use of the Services complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Services.
  14. Process
    1. Contact Us. You agree to contact us with your complaint prior to filing for any arbitration, in writing via United States Certified Mail to the Statuary Agent address of Record for Company at the time of filing a notice.
    2. File Complaint. You and Company agree that any dispute must be commenced or filed by you or Company within one (1) year of the date the dispute arose, otherwise the underlying claim is permanently barred (which means that you and Company will no longer have the right to assert such claim regarding the dispute).
    3. Arbitration. You and Company agree that (a) any arbitration will occur in the State of Ohio, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services, which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Ohio, respectively, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
    4. Company, in its sole discretion may opt out of Arbitration and pursue civil and/or criminal actions at any time.
      1. Jurisdiction for any election under this provision is granted to the State and Federal Courts located within Franklin County, Ohio or Adams County, Ohio, at the sole discretion of Company.
  15. Communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing.
    1. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Service.
  16. Disclaimer of Warranties. COMPANY DOES NOT WARRANT THAT ANY CONTENT ON THE SERVICE, DOCUMENT OR FEATURE OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SERVICE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. COMPANY DOES NOT VERIFY FOR ACCURACY ANY INFORMATION PROVIDED TO US FROM THIRD-PARTIES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY LINKED SERVICES. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND THEREFORE THIS DISCLAIMER WOULD NOT BE APPLICABLE IN THOSE JURISDICTIONS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION, IS TO STOP USING THE SERVICE OR ANY SUCH CONTENT.
  17. Limitation of Liability. To the fullest extent permitted by applicable law, in no event shall the Company parties be liable for any indirect, special, incidental, or consequential damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets, or damages for business interruption) arising out of or in any way related to the access to or use of the Services or content (including, but not limited to, user content, third party content and links to third party Services), or the order, receipt or use of any product, or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance on any information obtained from any Company party, or from events beyond the Company parties’ reasonable control, such as Service interruptions, deletions of files or emails, errors or omissions, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Company parties’ records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed) or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).
  18. Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Company Parties”), from and against all actual or alleged Company Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to:
    1. Any use or misuse of the Content or Services by you or any third party you authorize to access or use such Content or Services;
    2. Any User Content you create, post, share or store on or through the Services or our pages or feeds on third party social media platforms;
    3. Any Feedback you provide;
    4. Your violation of these terms, and your violation of the rights of another.
    5. You agree to promptly notify Company of any third-party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance).
    6. You further agree that the Company Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Company.
  19. Children. This Service is not directed at individuals under the age of eighteen (18) in the State of Ohio. Company does not knowingly collect personal information from any individual under the age of eighteen (18) in the State of Ohio at this Service.
  20. Entire Agreement. These Terms and Conditions incorporate by reference any notices contained on the Services, including within the Privacy Policy and Refund Policy, and constitute the entire agreement with respect to access to and use of the Services and Content.
  21. Severability. If any provision of these Terms and Conditions is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.
  22. No Waiver. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
  23. No Class Actions. You and Company agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals.
  24. Governing Law and Venue – Franklin County, Ohioor Adams County, Ohio. Any Dispute arising out of these Terms and Conditions shall be governed by jurisdiction and governing laws of either Franklin County, Ohio or Adams County, Ohio, in Company’s sole discretion of County.
  25. Contact
    Empire Sports & Entertainment, Inc.
    5900 Sawmill Road, Suite 200
    Dublin, Ohio 43017
    legal@empiresports.com