Gameday Gateway Properties are either owned by or licensed by Gameday Gateway. The applicable owners and licensors retain all rights to the Gameday Gateway Properties, including, but not limited to, all copyright, trademark and other proprietary rights, however denominated. The Gameday Gateway Properties must not be used in any unauthorized manner.
2. ELECTRONIC COMMUNICATIONS
3. YOUR ACCOUNT
You must create a business account to access certain features of the Site and before you purchase a product from the Site as part of the checkout process. You represent and warrant that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. Additionally, you agree to accept responsibility for all purchases and activities that occur under your account.
4. LINKS TO OTHER WEB SITES
The Site may contain links to third-party web sites or services that are not owned or controlled by Gameday Gateway.
Gameday Gateway has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Gameday Gateway 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 such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
5. PROHIBITED CONDUCT
You must not use the Gameday Gateway Properties to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of Gameday Gateway or any third party, however denominated, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (ii) transmit, store or otherwise make available material which disrupts any of the Gameday Gateway Properties, imposes an unreasonable or disproportionately large load on any Gameday Gateway Property infrastructure or otherwise adversely affects, restricts or inhibits any other user from using any of the Gameday Gateway Properties; (iii) transmit, store or otherwise make available material which is false, threatening, abusive, libelous, defamatory, obscene, vulgar, demeaning, offensive, pornographic, profane, sexually explicit, indecent or inappropriate, which constitutes hate speech or which adversely affects Gameday Gateway business, or is otherwise objectionable in Gameday Gateway's sole determination; (iv) transmit, store or otherwise make available material which 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 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 which contains any material of a commercial nature, including but not limited to advertising, promotions, "junk mail," "spam," "pyramid schemes," "chain letters" or solicitation of any kind; (vii) transmit, store or otherwise make available material which constitutes or contains false or misleading indications of origin or statements of fact; (viii) exploit, harm, personally attack (personal attacks include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) or impersonate management, employees or any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (ix) use or attempt to use another's information, account, password, service or system except as expressly permitted; (x) solicit, collect, transmit, store or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, e-mail addresses, social security numbers or credit or debit card numbers; (xi) use automated scripts to collect information from or otherwise interact with the Gameday Gateway Properties; and (xii) transmit, store or otherwise make available material which is irrelevant to the subject matter of the applicable Gameday Gateway Properties.
6. PRICING AND AVAILABILITY
All prices for products and services are shown in U.S. dollars. Gameday Gateway and each supplying sports team (“Supplying Team”) reserves the right to modify the price of any services or products offered via the Gameday Gateway Properties. Any offer to sell any services or any other products offered via the Gameday Gateway Properties may be discontinued at any time in Gameday Gateway’s or the Supplying Team’s sole discretion. All prices are subject to change without notice and are subject to the respective tax rate of the state where each Supplying Team resides. All items are subject to availability, and we and each Supplying Team reserves the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. If for some reason an item on your order is no longer available or discontinued after an order is confirmed, the Supplying Team shall offer an item or asset of equal or greater value. No refund shall be offered unless the Supplying Team has no available inventory.
For certain services billed on a monthly basis, your subscription will automatically renew monthly, unless you cancel your service prior to the beginning of the next applicable billing (and renewal) period. The primary credit or debit card you have stored in in your Gameday Gateway account will be charged on or about the same date each month of your subscription. If Gameday Gateway is unable to process these charges to your primary credit or debit card, an alternative card stored in the Payment Profile section of your Gameday Gateway account may be charged. To cancel your monthly service, you may do so through your Gameday Gateway account, or send an e-mail to [email@example.com]. In no event will Gameday Gateway provide partial or pro-rated refunds; see below for further details regarding refunds.
For services billed on a yearly basis, your subscription will automatically renew annually at the then-current year's regular full yearly price, unless you cancel your service prior to the beginning of the next applicable billing (and renewal) period. If Gameday Gateway is unable to process these charges to your primary credit or debit card, an alternative card stored in the Payment Profile section of your Gameday Gateway account may be charged. To cancel your annual service, you may do so through your Gameday Gateway account, or send an e-mail to [firstname.lastname@example.org]. In no event will Gameday Gateway or Supplying Team provide partial or pro-rated refunds, but you may be eligible for a refund pursuant to Section 6(B); see below for further details regarding refunds.
In the event Gameday Gateway or Supplying Team discontinues or significantly alters a service that you have purchased with automatic renewal, Gameday Gateway (a) will notify you via e-mail to an address you have provided to Gameday Gateway, (b) may provide information about similar or new services available via the Gameday Gateway Properties and (c) reserves the right to cancel the applicable renewal.
UNLESS YOU NOTIFY US BEFORE THE BEGINNING OF THE NEXT APPLICABLE BILLING (AND RENEWAL) PERIOD THAT YOU WISH TO CANCEL ANY AUTOMATICALLY RENEWING SERVICE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU) TO COLLECT THE APPLICABLE SUBSCRIPTION FEE AND ANY TAXES USING ANY CREDIT OR DEBIT CARD SAVED IN THE PAYMENT PROFILE SECTION OF YOUR GAMEDAY GATEWAY ACCOUNT.
Should you wish to cancel your subscription service at any time, you may login to your Gameday Gateway account and follow the applicable instructions, or you may e-mail [email@example.com]. If such cancellation request occurs on any date following either the fifth (5th) day after your initial purchase or the fifth (5th) day after any annual automatic renewal date during any subsequent year of your service, then your cancellation will be effective as follows:
7. NOTIFICATIONS AND OTHER TERMS AND CONDITIONS
By purchasing or using any services, you agree that Gameday Gateway may, but is not obligated to, notify you about changes to prices and/or services by sending an e-mail to an address you have provided to Gameday Gateway or by publishing a notice on the informational page(s) of the Gameday Gateway Properties applicable to the services. It is your responsibility to notify Gameday Gateway of any change in your e-mail address by logging in to the applicable Gameday Gateway Property and using the online account management tool. If your e-mail service includes functionality or software that catalogues your e-mails in an automated manner, it is your responsibility to ensure you retrieve those e-mails we send to you, e.g., by routinely monitoring your bulk, junk and/or spam e-mail folders or by adding us to your address book or safe senders list.
Pricing, terms and conditions of services and other products offered via the Gameday Gateway Properties are subject to availability and change.
8. DISCLAIMER OF WARRANTIES
USE OF THE GAMEDAY GATEWAY PROPERTIES AND SERVICES INCLUDED THEREIN, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY GAMEDAY GATEWAY AND/OR THE APPLICABLE VENDOR OR SUPPLYING TEAM, THE GAMEDAY GATEWAY PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED THEREIN, INCLUDING, BUT NOT LIMITED TO, ALL PRODUCTS AND SERVICES, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
GAMEDAY GATEWAY DOES NOT WARRANT THAT: (1) THE GAMEDAY GATEWAY PROPERTIES OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE GAMEDAY GATEWAY PROPERTIES, OR PRODUCTS AND SERVICES AVAILABLE THEREFROM, WILL BE CORRECTED; (3) THE GAMEDAY GATEWAY PROPERTIES, OR PRODUCTS, MERCHANDISE AND SERVICES, WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE GAMEDAY GATEWAY PROPERTIES, OR PRODUCTS, MERCHANDISE AND SERVICES AVAILABLE THEREFROM, WILL BE ACCURATE OR RELIABLE.
9. INTELLECTUAL PROPERTY
10. LIMITATION OF LIABILITY
GAMEDAY GATEWAY WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN. TO THE FULL EXTENT PERMITTED BY LAW, GAMEDAY GATEWAY'S LIABILITY, IF ANY, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Gameday Gateway and each Supplying Team may change, suspend or discontinue any aspect of the Gameday Gateway Properties at any time, including the availability of any product, merchandise, service, feature, database or content.
12. DISPUTE RESOLUTION AND ARBITRATION
Subject to the limitations set forth below in this Section 12, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of California, provided that: (i) the arbitrator shall not have authority to award punitive damages; and (ii) any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and Gameday Gateway agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
For any Claims that are not subject to arbitration: (i) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Orange County, California (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (ii) you and Gameday Gateway waive any and all rights to trial by jury with respect to any Claims.
To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide Gameday Gateway with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.
13. CHOICE OF LAW
16. NOTICE FOR CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, California users of the Gameday Gateway Properties are entitled to the following 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.
17. CONTACT US
Please send any questions or comments regarding this Site or your order to:
Gameday Gateway, Inc.
333 Bayside Drive, Suite 107
Newport Beach, CA 92660
1. PERSONAL INFORMATION GAMEDAY GATEWAY COLLECTS
Information You Provide: You may visit and enjoy many elements of the Gameday Gateway Properties without disclosing any personal information about yourself. However, if you choose to make use of select, special or enhanced elements of the Gameday Gateway Properties, you may need to share with us certain personal information so those elements may function properly. When you use certain enhanced elements within the Gameday Gateway Properties (e.g., create a profile, register for a promotion, make a purchase or publish a comment), the personal information we collect may include, but is not limited to: full name, email address, password, street address, telephone number(s), date of birth, tax identification number (if applicable), and payment card information. If we collect your information, in most instances, the applicable page(s) or location(s) within the Gameday Gateway Property will include statements regarding what information is required and functionality for you to submit required or requested information.
“Automatically Collected” Information: When you access the Gameday Gateway Properties (including through your computer or your mobile device) or open one of our HTML emails, we may automatically record certain information from your system by using different types of tracking technology. This “automatically collected” information may include Internet Protocol address (“IP Address”), a unique user ID, version of software installed, system type, the content and pages that you access on the Gameday Gateway Properties, the dates and times that you visit the Gameday Gateway Properties, the uniform resource locator ("URL") of the website you visited before coming to our website and the URL of the website you visit after leaving our website.
“Pixel Tags” or “Clear Gifs”: A pixel tag, also known as a clear GIF or web beacon, is an invisible tag placed on certain pages of our Gameday Gateway Properties but not on your computer. When you access these pages, pixel tags generate a generic notice of that visit. They usually work in conjunction with cookies, registering when a particular computer visits a particular page. If you turn off cookies the pixel tag will simply detect an anonymous website visit.
Your User ID: Your unique User ID is displayed throughout the Gameday Gateway Properties and is therefore available to the public. Other people can see your feedback, ratings and associated comments, etc. Therefore, if you associate your actual name with your User ID, the people to whom you have revealed your name will be able to personally identify your activities on the Gameday Gateway Properties.
2. HOW GAMEDAY GATEWAY USES INFORMATION
3. OTHER SITUATIONS WHEN INFORMATION MAY BE COLLECTED
Aggregated and Anonymous Information
We may share aggregated, anonymous information with any third party. This information is not linked to personal information that can identify you or another individual person.
As time passes, Gameday Gateway, Inc. may be sold along with its assets, or other corporate transactions may occur. In such a case, our customer information may be one of the business assets we transfer.
Disclosure for Legal Purposes
4. YOUR CHOICES AND ACCESS TO YOUR PERSONAL INFORMATION
You may, of course, decline to share your information that can be used to distinguish or trace your identity, either alone or when combined with other personal or identifying information that is linked or linkable to you (“Personally Identifiable Information”) with Gameday Gateway, in which case Gameday Gateway will not be able to provide to you some of the features and functionality found on the Gameday Gateway Properties. We reserve the right to refuse the use of the Site to any users that refuse to enter certain Personally Identifiable Information when registering for a Gameday Gateway account or are denied validation of a Gameday Gateway account for any reason at the discretion of Gameday Gateway. You may view, update, correct, or delete your user information and preferences by clicking on “Profile” or contacting us at firstname.lastname@example.org.
To protect your privacy and security, we take reasonable steps to verify your identity before granting you access to or making corrections to your account. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.
If you receive commercial email or text messages from us, you may unsubscribe at any time by following the instructions contained within the email or text message. You may also opt out from receiving commercial email or text messages from us by sending your request to us by email at email@example.com.
Gameday Gateway does not provide your Personally Identifiable Information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks Gameday Gateway to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience that they were trying to reach.
6. OUR COMMITMENT TO DATA SECURITY
If Gameday Gateway learns of a security systems breach, we may then attempt to notify you electronically so that you can take appropriate protective steps. Gameday Gateway may post a notice on the Gameday Gateway Properties if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at firstname.lastname@example.org.
7. OUR COMMITMENT TO CHILDREN’S PRIVACY
Our website is intended for the general audience and is not directed towards children under the age of 13. We do not knowingly collect personal information from children under the age of 13. Children under the age of 13 may not use our website.
We respect the privacy of parents and children and are committed to complying with the Children's Online Privacy Protection Act (COPPA). If a parent believes that his or her child has submitted personal information to us, then please contact Gameday Gateway at email@example.com to have that child’s account terminated and information deleted.
8. CALIFORNIA PRIVACY RIGHTS
9. INTERNATIONAL VISITORS
You hereby consent to transfer of your data to the U.S. pursuant to either, at Gameday Gateway’s discretion, the EU-U.S. Privacy Shield Framework, the details of which are further set forth below, or the standard data protection clauses promulgated by the EC, a copy of which can be obtained here.
EU Personal Data: If you are located in the EU, United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) related to your personal data, as further described below. Gameday Gateway will be the controller of your personal data processed in connection with the Gameday Gateway Properties, unless you access the Gameday Gateway Properties through an enterprise account, or other Gameday Gateway account that is controlled by a third party (e.g. your employer).
Privacy Shield Inquiries: We also commit to resolve complaints about your privacy and our collection or use of personal data transferred from the EU to the U.S. in compliance with the Privacy Shield Principles where applicable.
10. IN THE EVENT OF MERGER OR SALE
In the event of merger or acquisition by a third-party, Gameday Gateway reserves the right, in any of these circumstances, to transfer or assign any User information collected as part of that merger, acquisition, sale, or other change of control.
11. THIRD PARTIES
Except as expressly provided otherwise, this document addresses only the use and disclosure of information we collect from you or that you disclose to Gameday Gateway. We bear no responsibility for the disclosure of your information to others besides Gameday Gateway, whether they are Users of the Gameday Gateway Properties or on other sites or services.
333 Bayside Drive, Suite 107
Newport Beach, CA
or by email: firstname.lastname@example.org.
We will respond to your inquiry within 30 days of its receipt.