Terms & Conditions
Effective Date: July 9, 2015
1. Information We Collect
Information You Give Us.
When you interact with our Platform, you may choose to provide information that could reasonably be used to identify you specifically (“Personal Information”), such as your contact information (e.g., name, e-mail address, postal address, and telephone number), social security number, and credit card number. You may also choose to provide information that is demographic, aggregated, or does not otherwise identify you specifically (“Non-Personal Information”), such as your gender, ZIP code, or other information when that information is not used with Personal Information.
Information We Automatically Collect or Receive When You Use Our Platform.
Whenever you interact with our Platform, we as well as any of our third-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about how the Platforms are accessed and used (“Usage Information”). Usage Information may include, among other things:
• Your browser type and operating system;
• Your geographic location (if you consent to that) (for example, when you check-in or walk-in to a location); which may be collected using various technologies such as Wi-Fi, GPS or Bluetooth, while you are actively using the Platform and/ or while the Platform is running in the background of your Device;
• Sites you visited before and after visiting the Platform;
• Pages you view and links you click on within the Platform; and
• Information about your interactions with e-mail messages, such as the links clicked on and whether the messages were opened or forwarded.
Usage Information does not typically identify you (and thus we treat it as Non-Personal Information), but if we associate it with you as a specific and identifiable person, we will treat it as Personal Information.
In the course of collecting Usage Information, we may also automatically collect your IP address, Wi-Fi MAC address, Bluetooth MAC address, or other unique identifier (“Device Identifier”) for the computer, mobile device, Wi-Fi card, technology or other device (collectively, “Device”) you use to access the Platform.
A Device Identifier could also be a randomly-generated group of numbers and letters that is automatically assigned to your Device when you access a website or its servers.
When you visit the Platform, we may collect your Device Identifier. A Device Identifier does not typically identify you, but if we associate it with you as a specific and identifiable person, we will treat it as Personal Information.
Cookies and Similar Technologies.
We may allow third parties to place and read their own cookies, web beacons, and similar technologies to collect information through the Platform. For example, our third-party service providers may use these technologies to collect information that helps us with traffic measurement, research, and analytics.
You can also learn more about cookies by visiting www.allaboutcookies.org, which includes additional, useful information on cookies and how to block cookies using different types of web browsers. For more information on advertising using cookies and how to opt-out of advertising cookies specifically, please see Targeted Advertising below.
Location-Based Services and Related Technologies.
We may use additional methods to collect information about you when you are physically visiting one of our events or venues, based on presence location data gleaned from a mobile Device you have registered with us.
The Platform may use geolocation and location presence awareness technology and functionality that is intended to make the Platform useful at the particular location it is being used. For example, the Platform may offer event-specific promotions, content and services based on your presence at a particular event. To offer those benefits, we must of course be able to determine that the Platform is being used in a particular venue. To do that, we may use your Device’s GPS capabilities, or the signal of our BLE presence technology devices (or another geolocation or presence technology) which are located in various locations. Those devices and technologies broadcast signals that can be received by a mobile Device on which the Platform is used or installed. When the mobile Device receives such geolocation signals, if consent has been provided to receive notifications or messages from the Platform, we may send you a message or other information through the Platform.
Information From Other Sources.
We may receive additional information about you from other sources and may combine that information with the other information we collect or receive about you. For example:
• The Platform may enable you to sign in using your username or other identifier from another Internet service, such as Google or Facebook. This other Internet service will authenticate your identity and provide you the option to share certain information with us, such as your name or email address;
• We may receive information from you off-line, such as when you visit Comcast Spectacor facilities or participate in Comcast Spectacor-sponsored events;
• We may receive information about you from our “affiliates,” which are entities that are legally part of the same group of companies that Comcast Spectacor is part of, or that become part of that group;
• If you are on another website and you opt-in to receive information from Comcast Spectacor, that website will forward to us your e-mail address and other information about you so that we may contact you as requested; and
• We may receive information from third-party partners and service providers, including partners and service providers that provide us information that is publicly or commercially available.
We may match the information we collect about you through the Platforms with information collected from such third parties in order to enhance our ability to serve you, to tailor our content to you and/or to offer you opportunities to purchase products or services that we believe may be of interest to you.
2. How We Use the Information We Collect or Receive
We use the information we collect and receive for the following general purposes:
• Provide you with the products, promotions, services, newsletters, and information you request and respond to correspondence that we receive from you;
• Complete a transaction related to a purchase of products or services through the Platform or conduct another transaction you request;
• Compile demographic statistics about our users;
• Provide you with information and advertisements about our own and third-party products or services;
• Contact you via email and otherwise about products, services, and events that we think might be of interest to you;
• Contact you with surveys, legal notices, and other information that may be relevant to your use of the Platform;
• Maintain or administer the Platform, perform business analyses, or for other internal purposes to improve the quality of our business, the Platform, and other products and services we offer;
• Publish comments, images, video submissions and other information posted in our interactive online features; and
• As otherwise described to you at the point of collection or pursuant to your consent.
3. How We Share the Information We Collect and Receive
We are committed to maintaining your trust, and we want you to understand how we may share the information we collect.
• Service Providers. We may share your information with third party service providers that perform certain functions or services on our behalf, such as to host the Platform, manage databases, host a store or other e-commerce platform, sweepstakes or promotion, perform analyses, or send communications for us.
• Select Business Partners. We may share your information with select business partners so that they can provide you with special offers, promotional materials, and other materials that may be of interest to you. However, Comcast Spectacor is not responsible for the privacy practices of these business partners, which may use your information for their own purposes.
• Our Clients. When Spectra Venue Management has been engaged by a client to operate a web site associated with that client’s venue, Comcast Spectacor may share your information with the applicable client in connection with the services provided by Spectra for that client. Comcast Spectacor is not responsible for the privacy practices of Spectra’s clients, which may use your information for their own purposes.
• In Connection With a Reorganization or Transfer of Assets. If we sell all or part of our business, or make a sale or transfer of assets, or are otherwise involved in a merger or business transfer, or in the event of bankruptcy, we may transfer your information to one or more third parties as part of that transaction.
• Other Parties With Your Consent. We may share information about you with third parties when you consent to such sharing, including when you post information to a user profile or a public area of the Platform, such as a chat room, forum, blog, or other community tool.
• Aggregate Information. We may disclose to third parties information that does not describe or identify individual users, such as aggregate website usage data or demographic reports.
4. Your Choices
You have a number of choices about how we handle information we collect or receive about you.
• Your Choice Not to Share Your Information or Receive Promotional Messages. You may always direct us not to share your Personal Information with third parties (other than our service providers), not to use your Personal Information to provide you with promotional information or offers, or newsletters, emails or other communications by: (i) sending us an email at firstname.lastname@example.org; (ii) contacting us by mail at Comcast Spectacor, L.P., 3601 South Broad Street, Philadelphia, PA 19148, Attn: Website Administrator; or (iii) following the removal instructions in the communication that you receive.
• Your Choice to Correct/Delete/Modify Your Information. If you wish to modify, verify, correct, or delete any of your Personal Information collected through the Platform, you may edit your registered user information or contact us at the above address or email. In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Platforms. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. It may not always be possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.
• Cookies. To learn how you may be able to reduce the number of cookies you receive from us, or delete cookies that have already been installed in your web browser’s cookie folder by us, please refer to your web browser’s help menu or other instructions related to your web browser. If you do disable or opt out of receiving cookies from us, please be aware that some features and services on the Platform may not work properly because we may not be able to recognize and associate you with your account(s). You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of web browsers.
• Location-Based Services. If you do not want the Platform to use your specific location-based information, please refrain from using a location-based service, click “DON’T ALLOW” (or a similar response) when your mobile Device requests your location-based information, or turn off of the Platform’s access to your location-based information through the settings on your mobile Device. You understand, however, that if you turn off the Platform’s location-based services, you may not have access to all the features necessary to use the Platform.
5. Targeted Advertising
If you do not want to receive the benefits of targeted advertising, you may opt out of some network advertising programs that use your information by visiting the NAI Opt-Out page and the DAA Opt-Out Page. Please note that even if you choose to remove your information (opt-out), you will still see advertisements while you’re browsing online, including advertisements that are relevant to the content of the webpage or application page on which they are displayed and advertisements that are relevant to your current location (for more information regarding controlling location-based services, please see the section above on “Your Choices”). However, the advertisements you see may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page and the DAA Opt-Out Page each provide a tool that identifies its member/participating companies that have cookies on your browser and provides a mechanism to opt out of receiving cookies from those companies. Please note that if you opt-out of targeted advertising, we may still track your visits to the Platforms for our own analytics, operations and security purposes.
6. Data Security
We have adopted security procedures to help protect against loss, misuse, and unauthorized access to the information we collect and receive. Please note that no data transmission or storage can be guaranteed to be 100% secure. As a result, while we strive to protect the information we maintain, we cannot guarantee or warrant the security of any information you disclose or transmit to our Platform and cannot be responsible for the theft, destruction, or inadvertent disclosure of information.
You are responsible for maintaining the confidentiality of your account password and for any access to or use of the Platform using your password, whether or not authorized by you. Please notify us immediately of any unauthorized use of your password or account or any other breach of security.
7. Children’s Privacy
Our Platform is directed to a general audience. Our Platform does not knowingly collect, use, or disclose personal information from children under the age of 13. If you are under 13 years of age, please do not submit any personal information through our Platform.
8. Links to Third Party Sites and Services
9. Users Outside the U.S.
Comcast Spectacor is based in the United States, and, regardless of where you use our Platform or otherwise provide information to us, the information may be transferred to and maintained on servers located in the U.S. Please note that U.S. privacy laws, regulations, and standards may not be equivalent to the laws in your country of residence. By using our Platform, you consent to this collection, transfer, storage, and processing of information to and in the U.S.
11. Contact Us
If you have any comments or questions, you may send an e-mail to website@ComcastSpectacor.com or write to us at: Comcast Spectacor, L.P., 3601 South Broad Street, Philadelphia, PA 19148, Attn: Website Administrator.
COMCAST SPECTACOR TERMS OF SERVICE
EFFECTIVE DATE: June 25, 2016
By using the Platform, you are representing and warranting that: (a) you are at or above the legal age of majority in your jurisdiction of residence; (b) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access the Platform (collectively, “Device”); and (c) you will access and use this Platform in accordance with these Terms.
THIS AGREEMENT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE PLATFORM TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTE RESOLUTION/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
1. Changes to the Terms or to the Platform
Comcast Spectacor may change or modify the Platform or the Terms at any time. Such changes, revisions, or modifications shall be effective immediately upon being posted. Any use of the Platform by you after we post changes to the Terms constitutes your acceptance of those changes.
Comcast Spectacor reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Platform, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. Comcast Spectacor also reserves the right to seek all remedies available at law and in equity for violations of these Terms. Upon termination, you must cease all use of the Platform.
2. Mobile Devices
To access any mobile websites, applications or other services available through the Platform, you must: (i) have any carrier or communications services necessary to download content, and (ii) pay service fees, if any, associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Platform. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with the Platform’s operations. If any upgrade in or to the Platform requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense.
3. Registration and Password
You are solely responsible and liable for any use of the Platform or any other activity or conduct in connection with the Platform by any others who use the combination of your e-mail address and password, unless and until you notify us that your account may have been compromised, misappropriated or improperly taken or used by another party. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of your account or any other need to deactivate your account due to security concerns. You may have the ability to deactivate your registration (if any) on the Platform, by contacting our customer support emailing email@example.com.
4. User Content
Certain areas of the Platform may enable you to post comments, send messages, correspond with others and/or otherwise post content (“User Content”) in connection with various features that Comcast Spectacor may elect to offer, such as information libraries, e-mail service, bulletin boards, chatrooms, electronic postcards, chats with special guests, e-mails, and forums to communicate with others (“Message Features”). You must use the Message Features in a responsible manner and you are fully responsible for all User Content that you provide to us or others.
Your License to Us. By submitting User Content, you grant us and our designees a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable, transferable, license to publish, reproduce, distribute, display, perform, edit, adapt, modify, translate, create derivative works, make, sell, offer for sale, export, and otherwise use and exploit your User Content (or any portion thereof) in any way that we want and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your User Content. You represent that you have obtained all necessary permissions necessary to grant us those rights, including from any person identified in or implicated by your submission (including those shown in photographic content), and, in the case of minors, also from their parents or legal guardians, as appropriate.
No Obligation to Publish. We are not obligated to publish, transmit or use your User Content. Comcast Spectacor is not in any manner endorsing any User Content that it may publish or post on the Platform and cannot, and will not, vouch for its reliability. Comcast Spectacor is not responsible for any User Content and has no duty to monitor User Content. You use any information contained in User Content at your own risk. Comcast Spectacor and its designees have the right, in their sole discretion, to monitor, review, edit, remove, delete, disable, refuse, restrict, or terminate access to your User Content or the Platform (in whole or in part) at any time, without prior notice and in our sole discretion, for any or no reason. The obligations that you have to us under these Terms shall survive termination of the Platform, any use by you of the Platform, any User Content on the Platform, or these Terms. You will not continue to post any User Content that Comcast Spectacor has previously advised you not to post.
No Obligation to Monitor. You acknowledge and agree that we have the right, but not the obligation, to monitor, edit or delete all Screen Names or User Content. You further acknowledge and agree that while we reserve the right to remove any Screen Names or User Content in our sole discretion for any reason, we have no duty to do so. We also reserve the right to turn over any Screen Names or User Content to law enforcement officials. When requested, we will cooperate fully with law enforcement officials in any investigation of alleged illegal activity on the Internet. Display of any User Content does not constitute its approval or endorsement by us.
No Confidentiality. You acknowledge that transmissions to and from the Platform are not confidential and your User Content may be read or intercepted by others. You acknowledge that by submitting User Content to the Platform, no confidential, fiduciary, contractually implied or other relationship is created between you and Comcast Spectacor other than pursuant to this Agreement.
5. Prohibited Content and Activities
You may not access or use, or attempt to access or use, the Platform to take any action that could harm us or any person or entity (a “person”), interfere with the operation of the Platform, or use the Platform in a manner that violates any laws. For example, and without limitation, you may not:
• Post or transmit any User Content that is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
• Post or transmit any User Content that constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
• Post or transmit any User Content or other content contains any information, software or other material of a commercial nature, or any information that contains advertising, promotions or commercial solicitations of any kind;
• Post or transmit any User Content or other content that 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;
• Post or list articles which are off-topic according to the description of the group or list or send unsolicited mass e-mails to ten (10) people or more if such e-mail could reasonably be expected to provoke complaints from its recipients;
• Impersonate any person or falsely state or otherwise misrepresent your credentials, affiliation with any person, or the origin of any information you provide;
• Engage in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information;
• Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Platform;
• Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Platform or any activity conducted on the Platform or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device or network;
• Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Platform. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
• Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
• Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to the Comcast Spectacor’s or its users’ computers, devices or systems; or
• Engage in any other conduct that restricts or inhibits any person from using or enjoying the Platform, or that, in our sole judgment, exposes us or any of our affiliates, users or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Platform for any or no reason at any time without notice.
The Platform may offer you opportunities to vote in connection with certain events. By casting a vote, you signify your agreement to all special voting terms set forth on the page within the Platform on which you cast your vote as well as these Terms. Votes will be deemed made by the authorized account holder of the e-mail address submitted at time of vote. We are not responsible for votes not received due to lost, failed, delayed or interrupted connections, or other electronic malfunctions, or hardware or software failures or malfunctions. Comcast Spectacor may cancel or suspend voting should virus, bugs, unauthorized human intervention, technical difficulties or other causes beyond the control of Comcast Spectacor, in Comcast Spectacor’s sole opinion, corrupt the administration, security, fairness or proper administration or tallying of the voting.
7. No Rendering of Advice
The information contained in or made available through this Platform is provided for informational purposes only and should not be construed as rendering consulting, design or other professional advice of any kind. Your use of this Platform does not give rise to a customer, advisory, fiduciary or professional services relationship between you and Comcast Spectacor.
8. Accuracy of Information
While we use reasonable efforts to furnish accurate and up-to-date information, Comcast Spectacor does not warrant that any information contained in or made available through the Platform is accurate, complete, reliable, current or error-free. Comcast Spectacor assumes no liability or responsibility for any errors or omissions in the information or other content of the Platform. You understand and agree that it is your responsibility to evaluate the accuracy, completeness, reliability, timeliness and/or usefulness of any information, opinion, advice or other content available through the Platform.
9. Electronic Communications
When you visit the Platform or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
10. Unsolicited Creative Submissions
Please do not submit unsolicited creative ideas, suggestions, documents or materials (collectively, “Unsolicited Material”). If, despite this policy, you send us Unsolicited Material, none of it will be subject to any obligations of confidentiality or non-competition, and we will be entitled to unrestricted use and disclosure of such Unsolicited Material throughout the world for any purpose whatsoever, commercial or otherwise, without any liability or obligation to compensate you for any future use or disclosure of such Unsolicited Material.
11. Intellectual Property
All content, information, materials, computer code, and software that are part of the Platform other than your User Content (collectively, the “Comcast Spectacor Content”) is the property of Comcast Spectacor or third parties. You may access, use and display the Platform and download and print copies of Comcast Spectacor Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms.
Copyright and Other Intellectual Property Rights. Comcast Spectacor Content is protected under the copyright and other intellectual property laws of the United States and other countries. You acknowledge that all copyrights and other intellectual property rights in the Platform are owned by Comcast Spectacor or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws and all other applicable laws. Unless expressly permitted by an authorized person in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of Comcast Spectacor Content except that you may make use of the content for your personal, informational, non-commercial purposes only, provided that you do not modify the Comcast Spectacor-Content in any way and as explained below, provided that you maintain all copyright and other notices posted along with Comcast Spectacor Content. To obtain written consent to use a copyrighted work, please contact us using the information in Section 20. Copying or downloading these materials for anything other than your personal use is a violation of these Terms.
Your Use of Content from Our Platform. We hereby grant to you a non-exclusive and non-transferable license, during the term of this Agreement, to download and use a single copy of any Comcast Spectacor Content for your personal, informational, non-commercial use only, provided that you keep intact all copyright and other proprietary notices. The use of any such materials in any other manner or for any other purpose, including on any other web site or networked computer environment or the creation of any derivative works from them, is prohibited.
Trade and Service Marks. All rights in product names, the Comcast Spectacor name, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of Comcast Spectacor products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Comcast Spectacor, its affiliates, subsidiaries or their respective licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Platform confers on you any license or right under any patent or trademark of Comcast Spectacor, its affiliates, subsidiaries or any third party. To obtain written permission to use the trade and service mark rights of Comcast Spectacor, please contact us using the information in Section 20.
Notice of Infringement. Comcast Spectacor respects intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Platform in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing to Comcast Spectacor’s Copyright Agent under the Digital Millennium Copyright Act (“DMCA”):
• An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
• Identification of the copyrighted work or a representative list of the works claimed to have been infringed;
• Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
• Your name, address, telephone number, and email address, so that we may contact you if necessary;
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You may notify our designated copyright agent at firstname.lastname@example.org or by writing or calling:
Comcast Spectacor, L.P.
3601 South Broad Street
Philadelphia, PA 19148
Attn: General Counsel
Tel: (215) 952-5217
You acknowledge that if you fail to comply with all the requirements of this section, your DMCA notice may not be valid.
12. Third Party Links
13. Disclaimer of Warranties
YOUR USE OF THE PLATFORM IS entirely AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM, INCLUDING WITHOUT LIMITATION THE OPERATION OF THE pLATFORM OR THE INFORMATION, MATERIALS, OR GOODS APPEARING OR OFFERED ON THE PLATFORM or With RESPECT TO any websites linked from the PLATFORM. THE PLATFORM is PROVIDED “AS IS”, “with all faults,” AND “AS AVAILABLE.” Without limiting the generality of the foregoing, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, no liens and no encumbrances; (II) THE warranties against infringement, misappropriation or violation of any intellectual property or proprietary rights of any person; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE warranties relating to the accuracy, reliability, correctness, or completeness of data or content made available on the PLATFORM or otherwise by Comcast Spectacor. Further, there is no warranty that the PLATFORM will meet your needs or requirements or the needs or requirements of any other person OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, THAT THE PLATFORM, INCLUDING WITHOUT LIMITATION Comcast Spectacor content, FUNCTIONS OR MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. Comcast Spectacor DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY Comcast Spectacor CONTENT OR ANY USER CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND LIABILITIES IN CONNECTION WITH ANY USER CONTENT OR Comcast Spectacor CONTENT. The Comcast SPECTACOR MAKES no representation that the PLATFORM is appropriate or available for use outside of the United States. no oral or written information made available by or on behalf of Comcast Spectacor shall create any warranty.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL Comcast Spectacor, its affiliates, THEIR OFFICERS, DIRECTORS, CONTRACTORS AGENTS, EMPLOYEES, or any party involved in creating, producing, or delivering the platform BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION direct, incidental, consequential, indirect, special, or punitive damages AND LOST PROFITS arising out of THE TERMS OR your access, use, misuse, or inability to use the platform, INCLUDING WITHOUT LIMITATION ANY Comcast Spectacor content OR USER CONTENT, or any Sites LINKED FROM THE PLATFORM. this Limitation of Liability shall apply regardless of the form of action, wHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Comcast Spectacor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure.
Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Comcast Spectacor’s liability in such jurisdictions shall be limited to the extent permitted by law.
Any claim against us shall be limited to the amount you paid, if any, for use of the Platform.
You agree to indemnify, hold harmless, and defend the Comcast Spectacor, and its affiliates and licensors, and each of their respective officers, directors, contractors, agents, employees, successors and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Platform (including, without limitation, your User Content and your use of any Comcast Spectacor Content), (ii) your online conduct, (iii) your violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person, or (vi) any of your dealings or transactions with other persons resulting from use of the Platform. You shall not settle any such claim without the prior written consent of the Comcast Spectacor. These obligations will survive any termination of these Terms.
16. Dispute Resolution/Arbitration
This section applies to any dispute you have with the Comcast Spectacor, unless the dispute involves rights to your, Comcast Spectacor’s, or our licensor’s intellectual property.
Location and Governing Law. These Terms are governed by, and must be construed in accordance with, the laws of the United States and the Commonwealth of Pennsylvania, as applicable, without giving effect to their principles of conflicts of law. By using the Platform, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.
Notice of Dispute. For any problem or dispute that you may have with the Comcast Spectacor, you acknowledge and agree that you will first give the relevant Comcast Spectacor entity an opportunity to resolve your problem or dispute. This includes you first sending a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and a proposed solution. You must send any Notice of Dispute by U.S. Mail to Comcast Spectacor at 3601 South Broad Street, Philadelphia, PA 19148, Attn: General Counsel. You then agree to negotiate with Comcast Spectacor in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Comcast Spectacor’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
Small Claims Court. You may litigate any dispute in small claims court in the Commonwealth of Pennsylvania or in your own county of residence, if the dispute meets all the requirements to be heard in small claims court. You may litigate in small claims court whether or not you negotiated informally first.
Binding Arbitration. If you and the Comcast Spectacor do not resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Comcast Spectacor will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Arbitration Procedures. Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. You agree to commence arbitration only in your county of residence or in the Commonwealth of Pennsylvania. Comcast Spectacor agrees to commence arbitration only in your county of residence. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
Claims Or Disputes Must Be Filed Within One Year. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in small claims court, or in an arbitration proceeding. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute isn’t filed within one year, it’s permanently barred.
Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY COMCAST SPECTACOR IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST RECEIVE THIS AGREEMENT BY EMAILING email@example.com OR BY SENDING MAIL TO COMCAST SPECTACOR, 3601 SOUTH BROAD STREET, PHILADELPHIA, PA 19148-5290, ATTN: LEGAL DEPARTMENT/ARBITRATION. YOUR WRITTEN NOTIFICATION TO COMCAST SPECTACOR MUST INCLUDE YOUR NAME AND ADDRESS AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH COMCAST SPECTACOR THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH COMCAST SPECTACOR OR THE DELIVERY OF SERVICE(S) TO YOU BY COMCAST SPECTACOR. IF YOU HAVE PREVIOUSLY NOTIFIED COMCAST SPECTACOR OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
This Section survives expiration or termination of these Terms for any reason.
Integration and Severability. These Terms constitute the entire agreement between Comcast Spectacor and you, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
No Waiver. Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
Assignment and Binding Effects. You must not assign these Terms or any rights or obligations herein without the prior written consent of Comcast Spectacor and any attempted assignment in contravention of this provision is null and void and of no force or effect. Comcast Spectacor has the right to assign these Terms, and any of its rights or obligations herein. These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors and permitted assigns.
Separate Terms and Conditions. In connection with your use of the Platform, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Platform. Any supplemental terms will not vary or replace these Terms regarding any use of the Platform, unless otherwise expressly stated.
Termination; Modification. We reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently the Platform (or any portion thereof) and/or the information, materials, products and/or services available through the Platform (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Platform.
18. For IOS And Android Users
You acknowledge that these Terms are an agreement between you and Comcast Spectacor only, and not with the app store where you downloaded the Comcast Spectacor app (for iOS users, the App Store operated by Apple Inc. (“Apple”) or for Android users, the Google Play store operated by Google Inc. (“Google”)). Apple or Google are not liable for any damages related to the Platform. Apple and Google shall each be a third-party beneficiary of this agreement with respect to this paragraph.
19. Contact Information
Please direct any questions, complaints or claims related to the Platform or your use of the Platform, or requests to use a copyrighted work or trade or service mark right to:
Comcast Spectacor, L.P.
3601 South Broad Street
Philadelphia, PA 19148
Attn: Website Administrator