IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.
Last Updated: March 1, 2021
The Terms of Service and End User License Agreement (“Terms”) is a legal agreement between you and the MSGN Family (“MSGN,” “we,” “us,” or “our”). The Terms govern your use of any and all websites, mobile applications, software and any other electronic and/or digital products that are made available by the MSGN Family (collectively, the “Services”).
The “MSGN Family” means and includes MSG Networks Inc., MSGN Holdings, L.P. and each of their respective parent companies, subsidiaries, divisions, affiliated entities and business units as may change from time to time (including, without limitation, MSG Network, MSG Plus and MSGN Interactive, LLC).
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.
BY CLICKING “ACCEPT” OR “REGISTER” OR ANY SIMILAR ACTION, CONNECTING TO THE SERVICES THROUGH A THIRD PARTY SUCH AS FACEBOOK (OR A SIMILAR THIRD PARTY OPTION), USING OR ACCESING THE SERVICES, OR DOWLOADING, INSTALLING OR USING ANY OF THE SERVICES IN ANY WAY, YOU, YOUR HEIRS, AND ASSIGNS (COLLECTIVELY, “YOU”) AGREE TO BE BOUND BY THESE TERMS.
Except as explicitly described in Section 24 (Arbitration and Class Action Waiver), MSGN reserves the right, at its sole discretion, to modify or replace the Terms at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Any changes will be incorporated into the Terms and you should check the Terms periodically for updates. Except as explicitly described in Section 24, changes will be effective immediately unless otherwise provided. Use of the Services by you following such modification constitutes your acceptance of the Terms as modified.
Access to and use of the Services is available only to individuals who are at least 13 years old and can form legally binding contracts under applicable law. By accessing or using any of the Services, you represent and warrant that you are eligible.
If the Services offer you the option to purchase products or services, or to participate in games or contests, you represent and warrant that: (i) you are 18 years of age or older, or the age of majority in the jurisdiction where you live, whichever is older; and (ii) you will abide at all times by these Terms and any other agreements between you and MSGN 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 MSGN may have in law or equity, MSGN reserves the right to suspend or terminate the account of any purported user of the Services that does not meet the foregoing requirements.
You may access some of the Services without registering for an account. You may, however, have the option to create an account when you use 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 the Registration Data; (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 MSGN immediately in the event of unauthorized use of, or any other breach of your Registration Data.
If you provide any Registration Data that is inaccurate, not current or incomplete, or MSGN has reasonable grounds to suspect that such Registration Data is inaccurate, not current or incomplete, MSGN may deny you access to areas requiring registration or terminate your account, at its sole discretion. You agree that MSGN is not liable for any loss or damage resulting from your failure to maintain the confidentiality of your account as provided herein. MSGN may assume that any communications MSGN receives under your password have been made by you.
You also may be asked for credentials, such as a user name and password, to demonstrate that you are a subscriber to a particular Pay TV Provider (as defined below) (“Subscription Data”). You agree that you are the subscriber to the applicable Pay TV Provider’s service and that you are responsible for the security and confidentiality, and any misuse of, the Subscription Data. You are responsible for all activity under your account that is accessed using the Subscription Data, even if the inappropriate activity was committed by a friend, family member, guest, employee or any other person with access to the Subscription Data.
You acknowledge and agree that MSGN is authorized to act on instructions received through use of your username and password (and/or the Subscription Data, if applicable), and that MSGN 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.
You must provide at your own expense the equipment, Internet connections or devices and/or service plans, which may include, without limitation, subscriptions to video services from your cable, satellite, telco or other provider of video programming services (each a “Pay TV Provider”), as may be required to access and/or use the Services. MSGN does not guarantee that the Services or all portion(s) thereof can be accessed on all devices or wireless service plans, or (to the extent a subscription to video services from a Pay TV Provider is required) in connection with all Pay TV Providers. MSGN does not guarantee that all Services are or will continue to be available in all geographic locations. You acknowledge that when you use the Services, your wireless carrier, Pay TV Provider 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 determine if there are any such fees that apply to you.
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.
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 further agree that you have all required rights to submit, post, upload or otherwise use or disseminate such User Content without violation of any third-party rights.
When you submit User Content on or through your use of any of the Services, you grant MSGN a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licenseable 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 maintain 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 post. You represent and warrant to MSGN that you own or otherwise control all rights to any User Content you post on or through the Services, and have received any and all consents that may be necessary for the posting of any such User Content and MSGN’s use thereof in accordance with these Terms. You agree that you will indemnify, defend, and hold harmless MSGN for all claims resulting from User Content you post. 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.
You acknowledge and agree that MSGN and its designees may or may not, at MSGN’s discretion, pre-screen User Content before its appearance on the Services, but that MSGN has no obligation to do so. You further acknowledge and agree that MSGN 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, MSGN and its designees shall have the right to remove any User Content that violates the Terms or is otherwise objectionable in MSGN’s sole discretion. You are solely responsible for your interactions with other users of the Service. MSGN reserves the right, but has no obligation, to monitor disputes between you and other users and to resolve such disputes in its sole judgment.
You acknowledge and agree that MSGN 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 MSGN is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230. MSGN 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.
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 MSGN. By way of example, and not as a limitation, you agree:
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 MSGN 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 abuse of the Terms, please contact us at email@example.com.
This section sets forth your limited license to use the Services (“License”). The Services are licensed to you, not sold.
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:
You may receive certain commercial communications from MSGN and/or the MSGN Family. 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 firstname.lastname@example.org.
The Services also may make use of push notifications to devices that support the transmission of such notifications or alerts. Push notifications are used to send notification messages to you 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. If you deny, you will not receive any push notifications. If you accept, push notifications will be automatically sent to you. If you no longer wish to receive push notifications from the Services, you may opt out by changing your notification settings on your device. The device manufacturer, not MSGN, controls these notification settings.
The Services may provide links to third-party websites or resources, such as those that sell tickets. Because MSGN has no control over such sites and resources, you acknowledge and agree that MSGN is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that MSGN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources.
You agree that the Services may automatically download and install updates, upgrades and additional features that MSGN deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation MSGN may have to support the previous version(s) of any Service(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.
MSGN 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 MSGN’s Copyright Agent a notice containing the following information:
You may send your claims of copyright or other intellectual property infringement to MSGN’s Copyright Agent at the following address:
MSGN Holdings, L.P.
11 Pennsylvania Plaza, 3rd Floor
New York, NY 10001
If you have any questions, concerns or complaints regarding the closed captioning of video programming on the Services, please contact us by email at email@example.com or write to us at MSGN Holdings, L.P., 11 Pennsylvania Plaza, 3rd Floor, New York, New York 10001, Attn: Digital Products Department, with a copy to Legal Department, at the same address.
By using the Services, you agree to indemnify, defend (at MSGN’s option) release and hold harmless MSGN, each member of the MSGN Family and each of their respective parents, subsidiaries, affiliates, partners, sponsors, licensees, agents, successors and assigns, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities from and against any claims, liabilities, damages, losses, actions, costs and/or expenses (including without limitation reasonable legal and accounting fees, costs, judgments and/or amounts paid in settlement), of any kind, arising out of or in any way connected with (i) your breach or violation of these Terms (including without limitation the Code of Conduct); (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.
MSGN reserves 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 MSGN, each member of the MSGN Family and each of 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 breach or violation of these Terms (including without limitation the Code of Conduct).
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.
THE SERVICES AND ALL RELATED CONTENT, PRODUCTS, SERVICES 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. MSGN, THE MSGN FAMILY AND ITS AND THEIR RESPECTIVE LICENSORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AND REPRESENTATIVES (COLLECTIVELY “MSGN” FOR PURPOSES OF THIS SECTION AND SECTION 20) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES OF ANY KIND, 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. MSGN 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 MSGN, APPLE INC. (“APPLE”), GOOGLE INC. OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL MSGN 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 MSGN 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, MSGN’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 MSGN 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.
All title, ownership and intellectual property rights in and to the Services are owned by MSGN, another member of the MSGN Family or its or their respective licensors. You acknowledge and agree that the Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by MSGN, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, in whole or in part.
The failure of MSGN to comply with any provision of these Terms due to any cause outside MSGN’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, terrorism, 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 MSGN (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
MSGN reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or associated services (or any part thereof), with or without notice. You agree that MSGN shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services or associated services.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS
You will be required to pay $250 to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, we will pay all other filing and arbitrator fees for the arbitration. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place at any reasonable location within the United States convenient for you. For residents outside the United States, arbitration shall be initiated in the State of New York, United States of America.
Residents of the United States and those who reside outside the United States and we further agree to submit to the personal jurisdiction of any federal or state court in the Borough of Manhattan, 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.
These Terms and the relationship between you and MSGN 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.
Any information provided to MSGN by e-mail, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, shall be deemed to be non-confidential, and MSGN assumes no obligation to protect such information from disclosure. The submission of such information to MSGN shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by MSGN for any purpose whatsoever, and MSGN shall be free to reproduce, use, disclose and distribute the information to others without restriction.
If you have any questions, concerns, requests or comments regarding these Terms, we invite you to contact us by email at firstname.lastname@example.org or write to us at MSGN Holdings, L.P., 11 Pennsylvania Plaza, 3rd Floor, New York, New York 10001, Attn: Marketing and Promotions Department and with a copy to Legal Department, at the same address.
If any of the Services that you download, access and/or use runs on Apple’s iOS operating system:
© Copyright 2021 MSGN Holdings, L.P., 11 Pennsylvania Plaza, 3rd Floor, New York, NY 10001. All rights reserved.