- Revisions to TOU
- Operation of the Site and Connectivity
- Intellectual Property and Proprietary Rights
- Site Accuracy
- License and Site Access
- Usage Rights
- Site Purchases
- Third Party Links and Advertisers
- Customer Feedback and Communications
- Account Termination
- Disclaimer of Warranties
- Limitations on Liability
- Exclusions and Limitations
- Applicable Law and Consent to Jurisdiction
- Special Notice for California Residents
- Notice and Procedure for Making Claims of Copyright Infringement
Revisions to TOU
You are reading the most current version of the TOU, which were posted as the date listed at the end. We may update the TOU at any time by posting a new version here without prior notice. Your continued use of the Site after any such update constitutes your acceptance of and agreement to such changes.
Operation of Site and Connectivity
Intellectual Property and Proprietary Rights
This Site features various types of content that includes text, logos, icons, images, graphics, photos, audio and video clips, streaming media, digital downloads, databases, trademarks, service marks and other designs and layouts, as well as underlying code in various formats and software ("Content"). All Content is owned and controlled by NMSC, its affiliates, advertisers or licensors, and is protected by the copyright and trademark laws of the United States, international conventions and other countries. The Site itself is protected by NMSC as a collective work and/or compilation, pursuant to United States copyright laws, international conventions and other copyright laws. You may download and print out pages and information from this site only for your personal, non-commercial, use, provided you retain all copyright, trademark and other proprietary notices. You may not use, modify, reproduce, distribute, republish, upload, create derivative works from, post or transmit in any way any Content except as expressly permitted by these TOU.
If you subscribe to any newsletter, updates or other services on the Site that require a user name and password, such user names and passwords shall, with respect to this Site, be deemed confidential information of NMSC and shall not be shared with, or disclosed by you to, anyone else.
NMSC attempts to be as accurate as possible with respect to information and Content accessible through the Site, but does not warrant that Content is accurate, complete, reliable, current or error-free. While we strive for excellence, the Site and its Content may include typographical errors or inaccuracies.
License and Site Access
NMSC grants you a limited license to access and make personal use of this Site. You may download and print pages and information from this Site only for your personal, non-commercial, use and reference. You may not modify, distribute, perform, display or create any derivative works from any Content or further copy any Content without the express written consent of NMSC. This license prohibits any commercial use of this Site or its Content or any use of data mining, robots or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any Content on the Site without the express written consent of NMSC. You may not use or embed in any other Internet site or blog any meta tags or other non-visible meta-data that incorporates any trademarks, service marks, logos or trade names of NMSC or any NMSC affiliates without the express written consent of NMSC. This license does not grant you any right to use any marks or logos of any NFL team or the National Football League itself. Any unauthorized use of this Site terminates the license granted by NMSC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Site as long as the link does not portray NMSC, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any NMSC logo or other graphic or design Content as part of the link without express written permission from NMSC.
You are prohibited from using this Site and any Content to: (i) transmit, store, embed or otherwise make available any information or material that infringes any intellectual property or other proprietary rights of NMSC, its affiliates or any third party, including, without limitation, copyright, trademark, patent, and rights of privacy or publicity; (ii) transmit, store or otherwise make available material that disrupts or corrupts the Site or any Content, imposes an unreasonable or disproportionately large load on the Site's servers or infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Site; (iii) transmit, store or otherwise make available material that is false, libelous, defamatory, obscene, vulgar, threatening, abusive, offensive, pornographic, profane, sexually explicit, or constitutes hate speech, or adversely affects NMSC's or its advertisers' and affiliates' business, or is otherwise objectionable in NMSC's sole discretion; (iv) transmit, store or otherwise make available material that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (v) transmit, store or otherwise knowingly or negligently make available a virus, Trojan horse, worm, time bomb, spyware, bot or other harmful or deleterious programming routine; (vi) transmit, store or otherwise make available material that contains any information, software or other material of a commercial or proprietary nature; (vii) transmit, store or otherwise make available material that contains advertising, promotions, "junk mail", "spam", "pyramid schemes", "chain letters" or other solicitations of any kind; (viii) transmit, store or otherwise make available material that constitutes or contains false or misleading indications of origin or statements of fact; (ix) exploit, harm, personally attack or impersonate players, management, employees of football, or any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) use or attempt to use another person's personal information, account data or password except as expressly permitted; (xi) solicit, collect, transmit, store or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers, or credit card numbers; and (xii) use automated scripts to collect information from or otherwise interact with the Site.
NMSC EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF THE ACTIVITIES OF ANY VENDOR, THE MERCHANDISE OR SERVICES, INCLUDING TICKETS, OFFERED BY VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS ANY SHOPPING AREA OF THE SITE, INCLUDING ANY TICKETING SERVICE OR THIRD PARTY SALES LOCATIONS, AND ANY PRODUCT OR SERVICE OFFERED THEREIN, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY PRODUCT OR SERVICE, MERCHANDISE OR TICKETS.
Third Party Links and Advertisers
This Site provides links to other third party Internet web sites and resources, including for event ticket purchases. Because NMSC dos not have control over such sites and resources, you acknowledge and agree that NMSC is not responsible for content or availability of such sites or resources, and does not sponsor, endorse or assume any liability for any content, advertising, products, services or other materials offered by or made available through such third party sites and resources. You further acknowledge and agree that NMSC shall not be responsible or liable in any way for any loss or damage you may incur as a result of your use of any such third party site or resources.
We may offer as a convenience through the Site certain advertising and links to promotional offers from our advertising and business affiliates that may be of interest to you. Because NMSC has no control over such advertisements and promotional offers, you agree that NMSC shall have no liability for the content and offerings of any such advertisements or promotional offers. Your communication and business dealings with, or participation in promotions of, such advertisers or business partners, including payment and delivery of any goods or services, and any other terms, conditions, warranties or representations concerning such dealings, are solely between you and such advertiser or business affiliate. You agree that NMSC shall not be responsible or liable in any way for any loss or damage you may incur as the result of any such advertisements or your participation in any such promotional offers.
Customer Feedback and Communications
As we continue to strive to make your visit to our Site enjoyable and useful, we welcome your comments and feedback concerning the Site and its Content. Any email you send to us should identify the sender and not use a false name or anyone else's name. Your e-mail address and the content of any e-mail you send to us will be used to communicate with you and to satisfy our legal and regulatory requirements with regard to customer communications.
The information contained in any email or other communication you send to NMSC shall be deemed to be non-confidential and non-solicited, and NMSC assumes no obligation to protect such information from disclosure. Subject only to any protections to which such information may be entitled under valid intellectual property laws, NMSC's receipt of such information shall not restrict NMSC in any way from engaging in any business or venture, or offering any products or services, that may relate or be similar to any information, ideas or concepts you may disclose to NMSC, and NMSC shall be free to reproduce, use, disclose and distribute such information to others without restriction. You acknowledge that transmissions sent to and from this Site are not confidential and may be read or intercepted by others. You acknowledge that by communicating with NMSC or its business affiliates, no confidential, fiduciary, contractually implied or other relationship is created between you and NMSC or its business affiliates other than pursuant to this Agreement.
By posting messages, uploading files, inputting data or engaging in any other form of communication with or through the Site, you hereby grant to NMSC a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such communications in all media now known or hereafter developed. You hereby waive all rights to any claim against NMSC for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such communications.
NMSC has the right, in its sole discretion and without notice or liability to you or any third party, to terminate any account you may open on this Site for cause, without limitation, based upon (a) breach or violation of these TOU or other agreements or guidelines of NMSC, (b) requests by law enforcement or government agencies, (c) discontinuance of such account services or modification of the Site, (d) unexpected technical or security issues or problems, and (e) extended periods of inactivity. Termination of your account(s) may include removal of access to all offerings requiring registration and, at NMSC's sole discretion, the deletion of your account.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS NMSC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVERTISERS AND OTHER BUSINESS AFFILIATES, FROM ANY LOSSES, DAMAGES OR ANY OTHER LIABILITIES, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, ARISING FROM ANY CLAIM, ACTION OR DEMAND MADE BY ANY THIRD PARTY CONCERNING OR ARISING OUT OF YOUR USE OF THIS SITE, YOUR CONNECTION TO THE SITE, YOUR VIOLATION OF THESE TOU, AND YOUR VIOLATION OF LAW OR OF ANY RIGHTS OF A THIRD PARTY.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 1. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NMSC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY OR LATENCY OF THE SITE, AND NON-INFRINGEMENT. NMSC ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT, MATERIALS OR SERVICES, OR TO STORE ANY PERSONALIZED USER SETTINGS OR INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. NMSC MAKES NO WARRANTIES OF ANY KIND THAT THE SITE AND ANY MERCHANDISE OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL BE ERROR FREE.
2. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA OR OTHER INFORMATION THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
3. NO CONTENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NMSC OR THROUGH YOUR USE OR ACCESS TO THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOU.
Limitations on Liability
YOU AGREE AND ACKNOWLEDGE THAT NEITHER NMSC NOR OR ANY VENDOR OFFERING SERVICES THROUGH THE SITE SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOST DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NMSC HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER BASED IN TORT, CONTRACT OR OTHERWISE), RESULTING FROM: (i) YOUR USE OR INABILITY TO USE OR ACCESS THE SITE OR ANY LINKS EMBEDDED WITHIN THE SITE; (ii) ANY TRANSACTION FOR MERCHANDISE, TICKETS OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTIES ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.
IN NO EVENT SHALL NMSC BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE SERVICES, TICKETS OR MERCHANDISE THROUGH THE SITE OR OTHERWISE.
Exclusions and Limitations
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.
Applicable Law and Consent to Jurisdiction
These TOU and the relationship between you and NMSC shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions and policies.
IN CONNECTION WITH ANY DISPUTE, CLAIM OR BREACH RELATING IN ANY WAY, ARISING OUT OF, OR CONCERNING THE SITE, YOUR USE OF THE SITE, THESE TOU AND/OR THE RELATIONSHIP BETWEEN YOU AND NMSC, YOU AND NMSC AGREE TO (1) TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN NEWARK, NEW JERSEY, AND (2) WAIVE ANY AND ALL DEFENSES TO JURISDICTION AND VENUE IN SUCH COURTS.
NMSC controls the Site from its offices within the United States, and the Site and its Content are intended for use only in the United States. You acknowledge and agree that you use and access the Site on your own volition and are solely responsible for compliance with applicable local laws.
Special Notice for California Residents
Under California Civil Code Section 1789.3, California users of the Site are entitled to receive contact information in order to resolve a complaint regarding any services offered through the Site or to receive further information regarding use of any such service. Please submit any such complaints or questions to the following:
MetLife Stadium Company, LLC
102 Route 120
East Rutherford NJ 07073
Attention: Website Support
Currently there are no charges to the consumer for use of the Site, except for the cost of any products, tickets or services purchased on or through the Site and any applicable taxes, shipping fees and other charges associated with such purchases.
You are also entitled to this specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Notice and Procedure for Making Claims of Copyright Infringement
NMSC has a strict policy against the use of any materials or content that violate the copyright or other intellectual property rights of a third party. NMSC reserves the right, in appropriate circumstances and in its discretion, to disable and/or terminate the accounts of users who infringe the intellectual property rights of others.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), NMSC has registered an agent with the U.S. Copyright Office to receive any notifications of claimed copyright infringements relating to any Content or this Site (the "DMCA Agent"). Any such notifications must include the following information as required by the DMCA:
1. A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner.
2. Description of the specific copyrighted work(s) alleged to have been infringed.
3. Description 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. This must include a description of where the material claimed to be infringing is located on the Site.
4. Information reasonably sufficient to permit NMSC to contact the complaining party, such as an address, telephone number and email address.
5. A statement that the complaining party has a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
6. A statement made under penalty of perjury that the information in the notification is accurate, that the complaining party is the copyright owner or is authorized to act on behalf of the copyright owner.
DMCA notifications that include the above-required information must be submitted via postal mail, fax or e-mail to the DMCA Agent as follows: Service Provider: MetLife Stadium Company, LLC Address of DMCA Agent to Which Notification Should Be Sent:
102 Route 120
East Rutherford NJ 07073
United States of America
Telephone Number of Designated Agent: _______________
Facsimile Number of Designated Agent: ________________
E-mail Address of Designated Agent: ___________________
NMSC's failure to exercise or enforce any of it rights or any provisions of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the invalid provision, and the other provisions of the TOU shall remain in full force and effect. You agree that there are no third party beneficiaries to this Agreement. The section headings used in these TOU are for convenience only and shall not be given any legal import.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THESE TOU MUST BE FILED WITH A COURT OF COMPETENT JURISDICTION WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE OR IT WILL BE FOREVER BARRED.
Copyright © 2009 MetLife Stadium Company, LLC. All rights reserved worldwide.