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
Accepting the Terms
In order to use the WiFi, you must first agree to the Terms. You may not use the WiFi if you do not accept the Terms. You may accept the Terms by: (A) clicking to accept or agree to the Terms, where this option is made available to you by MSG; or (B) by actually using the WiFi. In this case, you understand and agree that MSG will treat your use of the WiFi as acceptance of the Terms from that point onwards. You are not permitted to use the WiFi if you are not of legal age to form a binding contract with MSG.
We may, from time to time, modify or update the Terms. Please check this page periodically for updates. Any changes will be posted on https://www.msg.com/madison-square-garden-arena-wi-fi-terms-of-use. If you do not agree to, or cannot comply with, the modified Terms, you may not use the WiFi. The updated Terms will take effect after its posting and will apply only on a going-forward basis, unless otherwise provided in a notice to you. Your use of the WiFi after any such update constitutes your binding acceptance of such changes.
Access to WiFi
WiFi at the Garden is complimentary and completely at the discretion of MSG, and WiFi may not be available during an event. You are permitted to use the WiFi only for your own lawful personal purposes. You may not in any way distribute, resell or otherwise provide third parties with access to or use of the WiFi.
Collection and Use of Information
Technical Requirements; Performance Limitations
In order to use the WiFi, you must have a WiFi-capable device that (a) is compatible with the WiFi; (b) renders web pages in a standard HTML browser application; (c) runs the IP protocol; and (d) is configured to obtain web addresses automatically. The device must be in close enough proximity to the WiFi wireless access points to achieve connectivity with the WiFi network. Access to, and lawful use of, third party websites is available, subject to these Terms. MSG is not responsible for the content on, or performance of, such websites. You acknowledge that the WiFi utilizes public, unlicensed radio-frequency spectrum. As such, the WiFi may be subject to external interferences, environmental influences, and other factors and variables beyond our reasonable control. Performance and availability may vary, including but not limited to or affected by, (a) transmission and download speed and accuracy; (b) network congestion; (c) performance, configuration, and functionality of your devices and wireless cards (including, but not limited to memory, storage and other limitations); (d) physical obstructions and distances between your device and the WiFi network; (e) availability of electric power; (f) collocation failures; (g) transmission and equipment limitations, failures, maintenance or repair; and (h) user error. The WiFi may also be interrupted, refused, limited or curtailed for these or other reasons. MSG is not responsible for data lost or misdirected due to these and other foreseeable and unforeseeable factors. Network speed is an estimate and is no indication of the speed at which your device or the WiFi will operate. Actual network speed and other performance will vary.
Right to Monitor and Manage Network Usage
MSG may use automated processes to monitor and scan communications over the WiFi network in order to maintain and provide services, improve your experience, ensure the integrity of your communications, and for various other purposes related to the provision of WiFi. MSG reserves the right to limit availability of the WiFi to manage its network using a variety of techniques, including but not limited to (i) allocating a fixed maximum amount of bandwidth to non-subscribers seeking to upload peer-to-peer files during peak periods; (ii) utilizing industry-standard Subscriber Traffic Management (STM) technology to temporary manage upstream and downstream traffic during times of peak congestion in a protocol-agnostic manner; and (iii) implementing filtering and spam detection techniques to manage reliable email sources and mitigate spam.
No Guarantee of Security
Communications over the WiFi are not encrypted, and therefore may be subject to interception by unauthorized third parties. Your use of the WiFi is AS IS and AS AVAILABLE and we cannot and do not make any general or specific warranties regarding the security, availability, performance or other functionality of the WiFi. You are solely responsible for implementing your own security protections while using the WiFi and for the security of your connected device and its contents. In the event you become aware of any unauthorized use of the WiFi or any other security risk, please notify us at email@example.com. MSG expressly disclaims any responsibility or liability for your use of the WiFi. You agree to hold MSG harmless for the loss of any file, data or other information while using the service, and for any unauthorized access to or utilization by any third party of any of your personal, financial, or other sensitive information.
You further agree that you will not seek to hold MSG responsible in any way for any third party website content, the operation of any third party website accessed via the WiFi or for the appearance of any WiFi “watermark” over a portion of any website.
WiFi users may not engage in any of the following prohibited activities. Engaging in prohibited activities may result in the suspension, denial, restriction, or termination of your access to the WiFi, as well as criminal or civil liability.
- Illegal Use. The WiFi may be used only for lawful purposes. Transmission or distribution of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene, illegal, defamatory, constitutes an illegal threat, or violates export control laws.
- Impersonation. Use of the WiFi to impersonate a person or entity is not permitted.
- Network Security and Integrity Violations. Any activity or use of the WiFi that violates system or network security or integrity is prohibited. Such violations include, without limitation, the following:
- Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network, relay communication through a resource, or to breach security or authentication measures without express authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner or network.
o Interference with service to any user, host, or network, including but not limited to: mail bombing, flooding, or denial of service attacks.
- Forging the header of any transmitted information packet, email, or Usenet posting.
- Modifying or tampering with any hardware, software, or configuration provided including but not limited to: routers, switches, and cable modem configuration files provided by any MSG operational providers or vendors.
- Reselling or otherwise redistributing the WiFi.
- Disrupting any aspect of the WiFi through any means.
- Excessive use of bandwidth that in MSG’s sole opinion places an unusually large burden on the network or goes above normal usage. MSG has the right to impose limits on excessive bandwidth consumption via any means available to MSG.
- Assuming or assigning an IP address that was not allocated to the user by MSG or any of MSG’s other operational vendors.
- Spam. Users of the WiFi may not send any unsolicited bulk or commercial email or electronic communication including, but not limited to, instant messenger programs, IRC, Usenet, etc. that promotes or advertises a service, product, cause, opinion, money making opportunity, or the like that the recipient did not specifically request from the sender (“Spam”). The WiFi may not be used to collect responses from unsolicited communication regardless of the communication’s origination. Moreover, unsolicited communication may not direct the recipient to any website or other resource that uses the WiFi and the user may not reference the WiFi in the header or by listing an IP address that belongs to the WiFi in any unsolicited communication even if that communication is not sent through the WiFi or its infrastructure. Users may not send any type of communication to any individual who has indicated that he/she does not wish to receive messages from them.
MSG reserves the right to investigate violations of these Terms, including the gathering of information from the user and the complaining party, if any, and the examination of material on MSG’s servers and network. If MSG, in its sole discretion, determines that a user has violated these Terms, MSG may take any responsive action that it deems appropriate in its sole discretion without prior notification. Such action includes but is not limited to: temporary suspension of service, reduction of service resources, and termination of service. MSG is not liable for any such responsive action and these actions are not exclusive. MSG may take any other legal or technical action it deems appropriate.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
MSG EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER MSG, NOR ANY OF ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND OPERATIONAL OR PROMOTIONAL PROVIDERS, ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY USER FOR ANY LOSS OR DAMAGE THAT A USER INCURS IN THE EVENT OF (I) ANY FAILURE OR INTERRUPTION OF THE WIFI; OR (II) ANY OTHER CAUSE RELATING TO USER’S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, THE WIFI, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF MSG OR ANY VENDOR PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL MSG, ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AND OPERATIONAL OR PROMOTIONAL PROVIDERS BE LIABLE TO ANY USER FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF MSG, ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
You agree to indemnify and hold harmless MSG, its parents, partners affiliates, subsidiaries, members, directors, officers, employees, agents, and operational or promotional providers, from and against all liabilities, claims, damages and expenses, including attorney’s fees, arising out of your use of the WiFi, or your violation or alleged violation of these Terms.
Changes to the WiFi and these Terms
You agree that MSG may for any reason, and without notice to you, modify or terminate the WiFi and these Terms without liability to you, any user or any third party. We urge you to review these Terms periodically so that you will be aware of any modifications.
Notice and Procedure for Making Claims of Intellectual Property Infringement
- MSG has a policy of, in appropriate circumstances and at its discretion, terminating the accounts of users who infringe the intellectual property of others, including accounts of repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide MSG’s Copyright Agent a Notice containing the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that has allegedly been infringed;
2. identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online location are covered by a single notification, a representative list of such works at that location;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You may send your claims of copyright or other intellectual property infringement to MSG’s Copyright Agent at the following address:
MSG Sports and Entertainment, LLC
2 Penn Plaza
New York, NY 10121
Tel: (212) 465-6000
Third Party Beneficiaries
Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
The failure of MSG to enforce these Terms for whatever reason shall not be construed as a waiver of any right to do so at any time. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms will be effective only if in writing and signed by MSG.
ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS
A. Federal Arbitration Act. The parties agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
B. Initial Dispute Resolution. Most disputes can be resolved without resort to litigation. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with MSG, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. To commence this procedure, you agree to contact MSG at the following address: MSG Sports & Entertainment, LLC, Two Pennsylvania Plaza, New York, New York 10121, Attention: Legal Department, or MSG may contact you using the last available information it has for you.
C. Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then the parties agree to resolve by arbitration subject to the terms herein. Specifically, all claims arising out of or relating to these Terms (including its formation, performance, and breach), the parties’ relationship with each other, and/or your access to or use of WiFi shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS rules in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (A) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover. You may find a copy of a Demand for Arbitration at www.jamsadr.com; (B) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 620 Eighth Ave. (NY Times Building), 34th Floor, New York, NY 10018; and (C) Send one copy of the Demand for Arbitration to us at MSG Sports & Entertainment, LLC, Two Pennsylvania Plaza, New York, New York 10121, Attention: Legal Department.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual 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.
D. Class Action Waiver. The parties further agree that the resolution of any disputes between the parties shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND MSG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
E. Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through initial dispute resolution or binding arbitration, either party may bring an action in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. For such disputes, you and MSG agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in the Borough of Manhattan, New York, NY. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
F. 30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to firstname.lastname@example.org with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your first access to or use of the WiFi, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, we also will not be bound by them.
G. Changes to this Section. MSG will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day. If a court or arbitrator decides that this subsection on “Changes to this Section” is not enforceable or valid, then this subsection shall be severed from the Section entitled Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Arbitration and Class Action Waiver (or similarly named) section in existence after you first accessed or used the WiFi.