DEDICATION LOYALTY PROGRAM Program
Terms Of Service
DEDICATION LOYALTY PROGRAM End-User License Agreement and Terms of Service
Effective Date: October 12, 2015
1. ABOUT THIS AGREEMENT
If you are using the Services on behalf of an employer or another entity, you represent and warrant that you have the authority and capacity to bind such entity to this Agreement. The Services are currently available only to individuals who are at least 13 years old and legal residents of the United States of America. If you are less than 13 years old or not a U.S. resident or citizen, you may not download the Anaheim Ducks App or use the Services.
2. ACCEPTABLE USE POLICY
Whether or not you register for an account with us, the Services are only available for access and use by you for lawful purposes. You understand that when using the Services, you may be exposed to user content provided by other users or third parties, and you agree that we are not responsible for the accuracy, safety, appropriateness or intellectual property rights in or related to such content. Any action by you or associated with your account that we believe, in our sole and absolute discretion: (a) violates this Agreement; (b) violates any applicable law, statute, court order, regulation or ordinance (including, without limitation, those governing export control, consumer protection, unfair or deceptive practices, and false advertising); (c) restricts, inhibits, disrupts, interferes with, limits, or prevents access or use by anyone of the Services; or (d) through the use of the Services, abuses, defames, harasses, libels, disparages or threatens another user of the Services or any other third party, is strictly forbidden. You also may NOT:
· Solicit for commercial purposes other users of the Service
· Distribute or post solicitations, promotional materials, spam, junk mail, chain letters, mass or bulk email, or pyramid schemes;
· Distribute or post content that you know or reasonably suspect is false, misleading, untruthful, deceptive, or inaccurate;
· Take any action that attempts to impersonate, deceive, or defraud any person or entity;
· Use metatags or any other “hidden text” utilizing any of our or any third party’s product names or trademarks;
· Harvest or otherwise collect personal information about users, including e-mail addresses, without their consent;
· Use any robot, spider, crawler, scraper, bots or other automated means to access or use the Services;
· Introduce or attempt to introduce software viruses, Trojan horses, worms, backdoors or any other computer codes, files, or programming instruction or set of instructions that are designed or intended to disrupt, disable, harm, interfere or otherwise adversely affect any computer programs, software, firmware, hardware, mobile devices, wireless devices, computer systems, data or operations;
· Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
· Take any action that attempts to gain unauthorized access to, or attempts to compromise the normal functioning operation or security of, any network, system, computing facility, equipment, data or information of anyone;
· Take any action that discloses or attempts to gain unauthorized access to user names, passwords, email address, or other personal information of anyone, including, without limitation, other end users;
· Take any action that bypasses or attempts to bypass, or circumvents or attempts to circumvent, any measures we may use to prevent or restrict access to the Services or certain features or modules of the Services; or
· Attempt to benchmark the Service.
We reserve the right to immediately block or disable your ability to use the Anaheim Ducks App, and/or otherwise suspend or terminate your access to the Services, if, in our sole and absolute discretion, we believe that you have engaged in any of the foregoing activities or that they have occurred in association with your account or device.
3. OUR INTELLECTUAL PROPERTY RIGHTS
The software associated with the Services, including any enhancements or modifications thereto and any related documentation, as well as the visual and textual elements and the selection, arrangement and compilation of data embodied in (and/or displayed during the execution of) the software, are copyrighted works and exclusively owned by the Company or one of its affiliates. In addition, the Services, including all software, content, inventions, technology, products, services and data provided on the Sites or through the Services, are protected under United States and international copyright, patent, trademark and/or other intellectual property laws and incorporate valuable confidential information and trade secrets of the Company or one of its affiliates, and are the exclusive property of the Company or one of its affiliates and their respective licensors. All suggestions, requests and feedback you may communicate to us regarding the Services, and all inventions, improvements, modifications, product or service ideas, and concepts contained therein (collectively, “Feedback”), shall be the exclusive property of the Company. You hereby assign all worldwide rights, title and interest in, to and under any such Feedback to the Company and agree to execute and deliver any assignments or other instruments or documents that we may request in order to confirm, perfect, record or enforce our rights with respect to the Feedback.
4. LIMITED LICENSE
Subject to your compliance with all of the terms and conditions of this Agreement, the Company grants to you a limited, personal, non-exclusive, revocable, non-sublicensable, non-transferable license within the United States to (a) download, install, and use the Anaheim Ducks App on a single mobile device, and (b) use the Services, in each case for your internal personal purposes, and not for commercial resale, sublicensing, time-sharing or service bureau usage. The Company reserves all rights not expressly granted by the foregoing sentence. Notwithstanding anything in the foregoing, you may not interfere with the Services in any way, or copy, modify, distribute or reverse engineer, decompile or disassemble the Anaheim Ducks App or the Services, or make any derivative works based on the Anaheim Ducks App or the Services (including any customization, translation, or localization). Your compliance with the requirements in this Section 4 (Limited License) is a condition to, and material inducement and consideration for, our granting you the right to access and use the Anaheim Ducks App and the Services. Any unauthorized use or other activity by you in violation of this Agreement will cause the licenses granted to you by us in this Section 4 (Limited License) to terminate immediately and automatically. Nothing in this Agreement transfers or otherwise grants any ownership rights from us to you any intellectual property of the Company, a Company affiliate or third party; and all right, title and interest in, to and under such property will remain solely with the Company, one of its affiliates or such third party, as applicable. Dedication Loyalty Program, anaheimducks.com/dedication.com, the Dedication Loyalty logos, the Anaheim Ducks logos and all other trademarks, service marks, graphics and logos used or displayed in connection with the Services are trademarks or registered trademarks of the Company, one of its affiliates or one of its licensors. Your use of the Services grants you no right or license to reproduce or otherwise use any Company or third-party trademarks.
5. ACCOUNTS; DUCKS DEDICATION LOYALTY PROGRAM (EARNING POINTS AND REDEMPTION)
To access and use the Services, you must be registered to an Account Manager login with us. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under your account. You must not use another person’s account or share your password with another person. At all times, your account must consist of accurate, complete and non-misleading information. You agree to immediately notify us of any unauthorized use of your account or login credentials or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Subject to contest rules to be provided separately,(the “Contest Rules”), the DEDICATION LOYALTY PROGRAM permits members to earn loyalty points by engaging in a variety of activities. For example, you may earn points by:
a) Starting points: Starting point values are allocated based on these factors:
· Tenure: How long have you been a ticket member
· Spend: The price paid for your seats (dollars spent)
b) Accrued points: DEDICATION LOYALTY PROGRAM users can earn points through the gameday activity listed below:
· Early Arrival: Arrive at Honda Center 60 minutes prior to the published game start time at any Ducks home game to receive 25 DEDICATION points for that game. Points are awarded by the DEDICATION LOYALTY PROGRAM user scanning their ticket at the door (not the DEDICATION Loyalty Card) upon entry.
· Purchase Food and Beverages: Make a purchase at Honda Center through concessions, in-seat service or suite service. DEDICATION LOYALTY PROGRAM users receive 1 point per $1 spent at concession stands or 0.5% for suite catering service when the user swipes your DEDICATION Loyalty Card at participating locations at the cashier. Spends in the Shock Top Grand Terrace, Jack Daniels and Standing ‘O Club will not qualify for points. Annual Suite Holders will have suite catering points automatically added to their account for Ducks games only.
· Purchase Merchandise: Make a purchase at the Anaheim Ducks Team Store, Presented by Reebok at Honda Center at any time and receive points approximately equivalent to the amount of dollars spent when the user swipes their DEDICATION Loyalty Card at the time of the transaction.
Renewal: If DEDICATION LOYALTY PROGRAM users renew their season tickets early they'll be given bonus points (specific number of points and restrictions to be determined by Nov. 1, 2015)
You may use the points you have earned to redeem Anaheim Ducks products or experiential prizes offered in the DEDICATION LOYALTY PROGRAM Site, subject to the term of the Contest Rules. Your DEDICATION LOYALTY PROGRAM account will maintain the amount of points you have earned and your redemption history. WE DO NOT AND CANNOT PROMISE OR GUARANTEE THAT: (a) YOU WILL EARN OR OTHERWISE RECEIVE ANY POINTS OR YOU WILL RECEIVE ANY AMOUNT OF OPPORTUNITIES TO EARN POINTS IN CONNECTION WITH YOUR USE OF THE SERVICES; OR (b) YOU WILL BE ABLE TO REDEEM YOUR POINTS FOR ANAHEIM DUCKS PRODUCTS OR EXPERIENTIAL PRIZES OR YOU WILL RECEIVE ANY AMOUNT OF OPPORTUNITIES TO REDEEM YOUR POINTS FOR ANAHEIM DUCKS PRODUCTS OR EXPERIENTIAL PRIZES. POINTS HAVE NO CASH VALUE. We reserve the right to cancel all of your points prior to redemption in our sole discretion if there are changes in applicable laws or regulations, or if this Agreement is breached by you. We may do this without prior notice, but we will attempt to notify you afterward where feasible. Your right to earn points and redeem points for merchandise or experiential prizes is conditioned on your compliance with this Agreement. In order to redeem your points, you will be required to provide your true first and last name, complete and accurate mailing address, working phone number and email address. We may, in our sole discretion and without prior notice you, determine a cap on number of points you may earn or redeem in a day, week, month or year. You may close your DEDICATION LOYALTY PROGRAM account at any time by sending a request to firstname.lastname@example.org, but any points in your account will be immediately forfeited.
As an organization, we pride ourselves in providing a safe environment for all of our fans to cheer for and follow the Ducks. In keeping with the theme of safety and respect, we have instituting additional guidelines for the conduct of members, both DEDICATION LOYALTY PROGRAM online and offline.
a) Any communication deemed offensive, inappropriate, or disparaging by the DEDICATION LOYALTY PROGRAM team in its sole discretion may result in a termination from the DEDICATION LOYALTY PROGRAM program. Such communications shall include those within the DEDICATION LOYALTY PROGRAM, by or between DEDICATION LOYALTY PROGRAM members, or otherwise observed by the DEDICATION LOYALTY PROGRAM team. These points may be revoked at any time at the discretion of the DEDICATION LOYALTY PROGRAM support team.
b) This program is meant to reward fans for loyalty; any attempts to game, cheat, or otherwise circumvent the intent of the program may lead to penalties, termination from the program, or possibly prosecution under state, federal, or local law.
c) Receipts from the team store or concession stands MUST contain a code at the bottom of the receipt clearly visible in the image in order to be considered for credit. In order to troubleshoot receipt issues, we must see that the user attempted to scan their barcode at the register. This helps to identify scanning issues. Receipts without the scanned code will not be accepted. All point redemptions, including sweepstakes and auctions, are final upon submission. Once tendered, all points redemptions are non-refundable and cannot be exchanged or cancelled.
d) Anaheim DucksTeam Store Purchases: (i) Members may gain approximately 1 point for every dollar spent shopping at the Team Store Powered by Reebok location. We ask that if points have not shown up in member’s accounts 48 hours after the original purchase time, send an image of the entire receipt to: email@example.com.
e) Honda Center Food and Beverage Purchases during Anaheim Ducks games: (i) Members may gain approximately 1 point for every dollar spent at participating concession stand locations. We ask that if points have not shown up in member’s accounts 24 hours after the original purchase time, send an image of the entire receipt to: firstname.lastname@example.org
6. COLLECTION OF INFORMATION
7. MOBILE AND INTERNET SERVICES
By using the Services from your mobile phone, you agree to receive such Services on the device you designate for such purposes and you understand that your wireless or internet services provider’s standard SMS and/or data rates will apply to these Services. By using the Services, you agree to be responsible for any fees that we may impose or that are incurred as a result of your use of the Services. You hereby represent and warrant that you are the owner or authorized user of any mobile or other wireless device that you use to access the Services, and that you are authorized to approve all associated SMS and data charges.
8. THIRD PARTY LINKS AND SITES
9. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY INFRINGEMENT
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others, and require our users and customers to do the same. If you are a copyright owner or an agent thereof and believe that any user content infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing pursuant to 17 U.S.C § 512(c)(3):
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services or available through our services are covered by a single notification and identification of each such copyrighted work is both impractical and overly burdensome, a representative list of such works at those locations;
· 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 us to locate the material;
· Your contact information, including email address, postal address, and telephone number;
· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
· A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is ; e-mail: email@example.com, attention Legal Affairs. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service department. You acknowledge that if you fail to comply with all of the requirements of this Section 9 (Copyright and Other Intellectual Property Infringement), your DMCA notice may not be valid.
10. UPDATES AND CHANGES.
From time to time, the DEDICATION LOYALTY PROGRAM site and Anaheim Ducks App may automatically download and install, or may prompt you to download and install, software updates. These updates are designed to improve, enhance and further develop the DEDICATION LOYALTY PROGRAM site and Anaheim Ducks app and may take the form of bug fixes, enhanced functions, new software modules and/or completely new versions. You agree to receive such updates (and permit us to deliver these to you) as part of your continued use of the DEDICATION LOYALTY PROGRAM site and Anaheim Ducks app. You may refuse to download and install such updates, but such refusal may cause your access to the DEDICATION LOYALTY PROGRAM site and Anaheim Ducks app and/or the Services to be disabled. You acknowledge and agree that the form, features and/or nature of the DEDICATION LOYALTY PROGRAM site and Anaheim Ducks app and the Services may change from time to time without prior notice to you. We may also cease or discontinue providing the DEDICATION LOYALTY PROGRAM site and Anaheim Ducks app or the Services, or support or upgrades for the DEDICATION LOYALTY PROGRAM site and Anaheim Ducks app, at any time at our sole discretion. Such new features and/or services shall be subject to the terms and conditions of the then-current version of this Agreement as well as any additional terms and conditions that we may post on any of the Sites or make available through the Services. We may also modify or eliminate services, modules or features of the DEDICATION LOYALTY PROGRAM site and Anaheim Ducks app or the Services; your sole and exclusive remedy, and our sole liability, in connection with any such change, modification or elimination is to terminate your account with us. We reserve the right (and you acknowledge our right), at our sole discretion, to amend or update any part of this Agreement by posting the amended or updated Agreement on any of the Sites or making it available through the DEDICATION LOYALTY PROGRAM site and Anaheim Ducks app . While we may choose to notify you of changes to this Agreement, you are responsible for periodically checking for changes to this Agreement. Your continued use of or access to the Services following the posting or distribution of any changes to this Agreement constitutes acceptance of those changes; and such amended or updated Agreement will be effective as of the date of its posting on the Sites or being made available through the DEDICATION LOYALTY PROGRAM site and Anaheim Ducks app.
We may terminate your access to all or any part of the Services, or block or disable your access or use of the DEDICATION LOYALTY PROGRAM site and Anaheim Ducks app, at any time, with or without cause, with or without notice, effective immediately. Without limiting the foregoing, we may terminate your access to all or any part of the Services, or block or disable your access or use of the DEDICATION LOYALTY PROGRAM site and Anaheim Ducks app, if (a) we believe that you have breached any provision of this Agreement (or have acted in manner which shows that you do not intend to, or are unable to comply with the provisions of this Agreement); (b) we are required to do so by law (for example, where the provision of Services to you is, or becomes, unlawful); (c) we elect to no longer provide the Services to users in the state or country in which you are resident or from which you use the Services; or (d) we believe that your use of the Services may infringe or violate the rights of a third party or subject us or one of our affiliates to civil or criminal liability or reputational harm. Termination may result, in our sole discretion, in the forfeiture and destruction of all information associated with your account and any points earned prior to such date. All provisions of this Agreement that by their nature should survive termination of this Agreement, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and miscellaneous terms, shall so survive. If your account is cancelled or terminated for any reason, you will no longer be able to access information under your account.
12. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND/OR YOUR USE THEREOF INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, FREEDOM FROM ERRORS, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES AND/OR THEIR CONTENT OR THE CONTENT OF ANY PRODUCTS OR SERVICES LINKED TO OR INTEGRATED WITH THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, YOUR ACCOUNT OR OUR SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, ADWARE AND/OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, (VI) ANY LOSS OR DAMAGE TO CONTENT OR DATA (WHETHER STORED THROUGH THE SERVICES OR OTHERWISE), OR (VII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, IMPORTED, TRANSMITTED, DISTRIBUTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE OR OPPORTUNITY ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, OR ANY HYPERLINKED OR INTEGRATED WEBSITE OR SERVICES, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING OR ENFORCING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY (INCLUDING ANY THIRD PARTY THAT OFFERS OR ATTEMPTS TO TAKE ADVANTAGE OF A DEAL OR PROMOTION THROUGH THE SERVICES).
13. LIMITATION OF LIABILITY; RELEASE
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AFFILIATES, SPONSORS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OR SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES) WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY OR ANY OF THE FOREGOING PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF THE COMPANY AND ITS AFFILIATES, SPONSORS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND SUPPLIERS FOR ANY CLAIM OR SERIES OF CLAIMS WILL BE LIMITED IN THE AGGREGATE TO FIFTY U.S. DOLLARS ($50.00). YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITES, THE DUCKS DEDICATION LOYALTY PROGRAM, THE SERVICES AND THE COMPANY AND ITS AFFILIATES, SPONSORS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND SUPPLIERS, AND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND ALL OTHER RELATED PERSONS OR ENTITIES, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, SUITS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SITES, DEDICATION LOYALTY PROGRAM SITE, THE ANAHEIM DUCKS APP, OR THE SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR” (OR ANY EQUIVALENT STATUTORY PROVISION WITH A SIMILAR IMPORT OR INTENT). IF YOU ARE A RESIDENT OF A STATE OTHER THAN CALIFORNIA, YOU EXPLICITLY WAIVE THE TERMS AND PROTECTIONS OF ANY STATUTE OF YOUR OWN STATE THAT HAS A SIMILAR IMPORT OR INTENT. The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
14. REPRESENTATIONS AND WARRANTIES
You represent and warrant that (a) your use of the Services will be in strict accordance with this Agreement and with all applicable laws and regulations (including, without limitation, any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and all applicable laws regarding the transmission of technical or personal data exported from or into the United States or the country in which you reside, and all applicable laws pertaining to privacy, consumer rights, and unfair or deceptive advertising practices); and (b) your use of the Services will not infringe or misappropriate the intellectual property rights or any other rights of the Company, its affiliates or of any other user or third party.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its affiliates and its and their respective stockholders, directors, officers, employees, representatives and agents from and against any and all claims, actions, lawsuits, damages, obligations, complaints, demands, allegations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorneys’ fees) arising out of or related to or in connection with your actual or alleged (a) use of and access to the Services, Sites and the DEDICATION LOYALTY PROGRAM site and Anaheim Ducks app, (b) violation, breach or default of any term of this Agreement, (c) violation by you of any third party right including, but not limited to, any patent, trademark, service mark, copyright, trade secret, publicity or privacy right, (d) damage to a third party cause by you or any content which you submit or transmit via the Services, or (e) violation, breach or default of any term of an agreement (whether written or oral, and whether implied or express) between you and any third party.
All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that we may provide notice to you by posting announcements on any of the Sites (or otherwise making them available through the Services) or sending an e-mail to you at the e-mail address that is currently associated with your account. Any such e-mail notice to you will be deemed given on the day it is sent. Except as specified in the next sentence, all notices to us of a legal nature shall be in writing and shall be sent by certified first-class U.S. mail, return receipt requested, to:
Attention: DEDICATION LOYALTY PROGRAM
ANAHEIM DUCKS HOCKEY CLUB
2695 E. Katella Avenue
Anaheim, CA 92806
All notices regarding copyright or other intellectual property infringement issues shall be sent in accordance with our intellectual property policy described in Section 9 (Copyright and Other Intellectual Property Infringement) above. If you have any questions about this Agreement, or if you need to notify us about a non-legal matter, then please contact us at firstname.lastname@example.org or at the postal address set forth above.
b) Choice of Law; Dispute Resolution; No Class Actions. This Agreement is governed by California law, excluding its conflicts of law rules. Except as provided in this Section 17(b) (Choice of Law; Dispute Resolution; No Class Actions) with respect to requests for injunctive relief relating to a breach of your license rights or our intellectual property rights, any controversy, claim or dispute arising out of this Agreement or your use of the Services (including without limitation any controversy, claim or dispute arising from your dealings with or agreement entered into with third-party sponsors for products and/or services promoted in, linked or otherwise provided in the Services (each such third-party sponsor, a “Sponsor”)) (collectively, “Claims”) shall be resolved by final and binding arbitration. Such arbitration shall take place in Anaheim, California, and shall be administered by a single arbitrator pursuant to the JAMS Comprehensive Arbitration Rules and Procedures. The arbitrator shall be empowered to award any form of individual relief, including injunctive relief. In order to keep costs down for both you and us, hearings may, at our request, be conducted telephonically or entirely upon submissions. If we think you are violating your license to use the Services or our intellectual property or trade secret rights, we may bring an action for injunctive relief in any court of competent jurisdiction. You expressly consent to the exercise of jurisdiction and venue by the state and federal courts located in Anaheim, California. In addition to the above, you waive the right to bring any Claim as a class action, consolidated, multi-district or collective action, or private attorney general action. You also agree not to participate in any class action, consolidated, multi-district or collective action, or private attorney general action regarding any Claim. If we prevail in any arbitration or proceeding to enforce this Agreement or arising out of your access to or use of the Services, we shall be entitled to recover, in addition to all other available legal and equitable relief, its legal costs, including attorneys’ fees.
(c) Severability; Waiver, No Assignments. The provisions of this Agreement are severable, and if any portion is determined invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable and in effect to the fullest extent consistent with applicable law. Any waiver by either party of any term or condition of this Agreement or any breach thereof shall be in writing, executed by the party to be charged, and any such waiver, in any one instance, will not waive such term or condition in any other instance or any subsequent breach thereof. This Agreement is not assignable by you, except by operation of law; we may assign our rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
18. THIRD PARTY TERMS
You agree that, in addition to this Agreement, your use of the Services is subject to the usage rules set forth in Apple App Store’s terms of service and Google Play’s terms of service, if you download Apple App Store or Google Play, respectively, or any other third party platform, developer or distributor end-user license agreement and/or terms and conditions by which you agree to be bound when you download the DEDICATION LOYALTY PROGRAM site and Anaheim Ducks app or otherwise access the Services.
19. HOW TO CONTACT US
You may direct any questions, complaints or claims with respect to the DEDICATION LOYALTY PROGRAM site and Anaheim Ducks app, the Sites or the Services to:
DEDICATION LOYALTY PROGRAM