Registration

Certain parts or features of the Sites, Apps or other Services may require registration or may otherwise ask you to provide information to participate in certain features or to access certain Content. The decision to provide this information is optional; however, if you elect not to provide such information, you may not be able to access certain Content or participate in certain parts or features of the Services. You agree that you will not provide any false personal information during registration or create an account for anyone other than yourself without their permission. You will also not create more than one personal profile, and if you select a username for your account (your “Account”), we reserve the right to change, remove or reclaim it if we believe in our sole discretion that is necessary or appropriate (such as if a celebrity or trademark owner complains about a username). If you register with the Services, you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer and mobile device so that others may not use your Account to access any password protected portion of the Services. You accept responsibility for all activities that occur
under your Account, email or password.

Eligibility

To use the Services, you must be 18 years of age or older, or over the legal age of majority in your jurisdiction, whichever is higher (“Age of Majority”), or have the permission of a parent or legal guardian who is over the Age of Majority. You will monitor your User Account and ensure that no child under the Age of Majority can
register for an Account. You accept full responsibility for any unauthorized use of the Services by minors and you acknowledge that you are responsible for any use of the Services, including use of your credit card or other payment instrument by minors.

Limited License to the Sites and Other Services

We grant you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Sites and other Services and the materials thereon for your personal use only, provided that you comply fully with these Terms of Service. You shall not interfere (or permit the use of your membership or access to the Sites or other Services by a third party to interfere) or attempt to interfere with the operation or use of
Sites or other Services by other members in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means. You are solely responsible for payment of any Service fees associated with access to the Services.

Ownership; Restrictions

The Services and all of the Content contained therein, or may in the future contain, including but not limited to titles, pictures, images, text, video, graphics, designs, artwork, the “look and feel” of the Services, themes, objects, documentation, characters and character likenesses, character names and character profile information, animation files, stories, dialogue, catch phrases, locations, applications, information, software,
audio files, user interfaces, music, musical compositions, news, articles, blogs, directories, guides, photographs as well as the trademarks, service marks, trade names, domain names, trade dress, copyrights, logos, patents, code, statistics, data, updated scores, gaming history, contests or sweepstakes, games, merchandise, tickets,
transcripts in any Forums, User Accounts, moral rights, and/or any other form of intellectual property (collectively, the “Material”) that relates to the Services (other than and except for “User Content” as defined below) are owned by or licensed by INTENNSE or other third parties and are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-
intellectual property laws and by international treaties.

Except as expressly permitted in writing by us, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Material. Nothing contained in this Agreement or on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of us or such third party that may own the Material or intellectual property displayed on the Sites or other Services.

UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED.

Any use of the Material other than as permitted by this Agreement will violate this Agreement and may infringe upon our rights or the rights of the third party that owns the affected Material. You agree to report any violation of this Agreement by others that you become aware of. You are advised that we will aggressively enforce our rights to the fullest extent of the law. We may add, change, discontinue, remove or suspend the
display of or access to any of the Material at any time, without notice and without liability.

We neither warrant nor represent that your use of Content displayed on the Sites and other Services will not infringe upon the rights of third parties neither owned by nor affiliated with us. We will not be held liable to you or any other third party for any Content, including User Content (as defined below), under a Federal Law called the Communications Decency Act or CDA, 47 U.S.C. § 230.

Software

From time to time, and in our sole discretion, we may make available to Users certain software that may be accessible or downloaded from the Sites or other Services. In the event you access or download software from the Services, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or a Company-approved
third party software provider (“Third Party Provider”). We do not transfer title of the Software to you. We retain full and complete title to the Software, and all intellectual property rights therein. For purposes of these Terms of Service, such Software shall be included in the definition of “Material.” Furthermore, your use of any Software of a Third Party Provider shall be subject to the end user license agreement or any other terms of
use set forth by such Third Party Provider for its Software.

You agree not to circumvent, disable, disassemble, remove, alter, deactivate, degrade or otherwise tamper with such security technology or any digital rights management or other content protection, copy control, or access control measure associated with the Sites or other Services, including geo-filtering mechanisms.

Messaging, Forums and Public Communications

We may provide, from time to time, one or more chat areas, message boards, bulletin boards, e-mail functions, instant messaging services, video submission areas, and other interactive areas as part of the Services (collectively, the “Forums”). The Forums are subject to these Terms of Service, the “Community Guidelines” (as defined below), the Privacy Policy, and other rules that may be published from time to time by us.
Information disclosed in the Forums is revealed to the public by design. The individual who posts messages, content or other information in the Forums (collectively, “User Content”) is responsible for the reliability, accuracy, and truthfulness of such User Content. We have no control over whether any such User Content is of a nature that Users will find offensive, distasteful or otherwise unacceptable.

We disclaim any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such User Content) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any User Content provided through a Forum.

We do not and cannot review every message posted by Users in the Forums and we are not responsible for the content of these messages or the views or opinions expressed by the Users of the Forums. In no event do we assume any obligation to monitor the Forums or remove any specific material. But we reserve the right (as
opposed to the obligation) to delete, move or edit User Content, in whole or in part for any reason or no reason at all, as determined by us in our sole discretion. In addition, we may delete, move, edit or disclose User Content when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend our rights and property or to protect the safety of our Users or the public.

You understand that uploading and/or posting User Content on any Forum shall be on a non-confidential basis, and we shall not be liable for any use or disclosure of any User Content. In consideration for your use of the Forums and functionality, you agree to comply with the “Community Guidelines” below. Without limiting our other rights and remedies, individuals who violate the Community Guidelines may, at our sole discretion,
be banned from using the Forums and/or the Services entirely.

Registration and Acceptance of Community Guidelines

In consideration for your use of the Forums, you agree to comply with these Terms of Service and the Community Guidelines. Users who violate these Terms of Service, the Community Guidelines, or provide inaccurate or false information may, at our sole discretion, be permanently banned from using any Forum or the Services.

ENTERING ANY FORUM WILL CONSTITUTE ACCEPTANCE OF THESE TERMS OF SERVICE AND YOUR COMPLIANCE WITH THE FOLLOWING COMMUNITY GUIDELINES FOR USE OF THE FORUMS. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS OF SERVICE OR THE COMMUNITY GUIDELINES, PLEASE DO NOT ENTER ANY FORUM.

Community Guidelines

You are entirely responsible and liable for all activities conducted by you and any authorized user of your Account in the Forums, including the transmission, posting, or other provision of User Content. Listed below are some, though not all, violations that may result in us terminating or suspending your access to a Forum. You agree not to do any of the following actions while using the Sites, other Services or any Forum:

1. Harass, threaten, embarrass or cause distress or discomfort upon another Forum participant, User, or other individual or entity;
2. Transmit any User Content in any Forum that we consider to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
3. Misrepresent yourself, your age or your affiliation with any person or entity, impersonate in any Forum any person or entity, including but not limited to, an INTENNSE representative or official, chat or message board leader, guide or host, or make false or misleading statements;
4. Disrupt the normal flow of dialogue in a chat room or other Forum, or otherwise act in a manner that negatively affects other participants;
5. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Forums;
6. Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Services or any Forum;
7. Invade the privacy or violate any personal or proprietary right of any person or entity;
8. Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity;
9. Use the Services in any manner that could damage, impair, disable, overburden or harm the Sites, Apps or other Services or circumvent the intended functionality thereof;
10. Collect information identifying Users of the Services by electronic or other means without authorization from the person(s) affected;
11. Upload, post, transmit, send, share, store, distribute or otherwise make available on the Services any private or sensitive information or content about any third party, including, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers; and/or
12. Upload, post, transmit, send, share, store, distribute, or otherwise make available any viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or other electronic or telecommunications equipment.

By posting or uploading User Content to the Services, any Forum or submitting any other User Content to us, you automatically grant (or warrant that the owner of such rights has expressly granted) the Company a perpetual, royalty-free, irrevocable, non- exclusive right and license throughout the universe to reproduce, modify, adapt, publish, publicly perform, translate, sub-license, create derivative works from, exploit, distribute
and otherwise use such materials or incorporate such User Content in or in connection with the Sites or by or in any other media or technology now known or later developed in perpetuity, in any and all languages. In the event we seek to claim full ownership of your submissions pursuant to additional rules we post about a particular submission, rather than an irrevocable perpetual license of your submission, you hereby assign all
right title and interest to such submission without any payment or further obligation to you and to take any and all action necessary to effect such assignment. You further hereby grant to us the unconditional right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content or your User Account, without any obligation to you. You waive any
rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner except as prohibited by law. In addition, you represent and warrant that any and all User Content you upload, post, transmit, send, share, store, distribute, or otherwise make available on the Services complies with each of the foregoing Community Guidelines.

User-to-User Disputes

You are solely responsible for your interactions with other Users of the Services. We
reserve the right, but have no obligation, to monitor disputes between you and other
Users.

Promotions

The Sites may offer, from time to time, sweepstakes, contests, voting opportunities, polls, or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Sites may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and supplemental disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such
sweepstakes, contest or other promotion, you agree to comply with and abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

Unsolicited Submissions

We are pleased to hear from our fans and visitors, and welcome your comments regarding our events, products and services. We have a policy which does not allow us to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. While we value your feedback on our events, services and products, we request that you be specific in your comments on those events, services and products, and that you not submit any creative ideas, suggestions or materials. We hope you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by INTENNSE or our affiliates’ professional staff might seem to others to be similar to their own creative work. 
Accordingly, we ask that you do not send us any original creative materials that you expect to be compensated for or that you would like to keep private. If you nevertheless choose to make any such submission, we may freely use the submission, in whole or in part, for any purpose without any obligation to you.

Without limiting the generality of the foregoing, if you send or post a submission or if you send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (“Submission(s)”) despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will betreated as non-confidential and non-proprietary in each instance. None of the Submissions shall be subject to any confidentiality obligation on our part, and we shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by us without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit or compensation for the material or ideas. We shall have and are hereby irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, exploit, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in any and all languages, without according you any compensation or credit. Submissions to the Sites or other Services, and/or to us, will not be required to be acknowledged or returned. You agree and understand that we are not obligated to use any Submission you make to the Services or us and you have no right to compel such use. You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to us does not place us in a position that is any different from the position held by members of the general public with regard to your Submission. You understand and acknowledge that we have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by our own employees. Many ideas
or stories may be competitive with, similar or identical to your Submission in structure, purpose, function, theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of our use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of our actual or alleged exploitation or use of any material you submit to the Services and/or us, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the exploitation or other use of any INTENNSE television show, streaming content, social media posts, and product or service based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. Applicable law may restrict or limit the foregoing provisions of this section. 

Linked Sites

The Sites or other Services may contain links to third party websites or resources, which may or may not be obvious, including without limitation, links to INTENNSE merchandise or event tickets (“Third Party Sites”), as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, software applications and other content originating from third parties (collectively, “Third Party Applications/Software/Content”). Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Site or Third Party Application/Software/Content. Such Third Party Sites and Third Party Applications/Software/Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for
the content or performance of any Third Party Sites accessed through the Sites or any Third Party Applications/Software/Content posted on, available through or installed from the Sites or other Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications/Software/Content. If you decide to leave the Sites or other Services and access the Third Party Sites or to use or install any Third Party Applications/Software/Content, you do so at your own risk and you should be aware that our terms and policies no longer govern, and the terms of use of such Third Party Sites govern. Sales through Third Party Sites are subject to terms of use located on such Third Party Sites. Questions relating to fulfillment of all such sales should be directed to the contact information identified in the terms of use for such Third Party Sites.

YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD PARTY APPLICATIONS/SOFTWARE/CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

No Resale/Exploitation

You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Services for any commercial purpose, including without limitation, bulk resale of event tickets for commercial purposes or use of automated ticket- purchasing software.

Non-United States Residents

We operate the Sites in the United States. We make no representation that the Sites, other Services or Material, including merchandise offered for sale and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. If you access the Sites or other Services from locations outside the US, you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Jurisdictional Issues

Software from the Sites or other Services is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any countries that are subject to US export restrictions; or (ii) to anyone on the US Treasury Department’s list of Specially Designated Nationals or the US Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. With respect to shipments of merchandise, wherever you may reside, title to the merchandise and risk of loss shall pass to you upon delivery of the merchandise to the common carrier.

Termination

You understand and agree that we may, in our sole discretion and at any time, suspend or terminate your use of the Sites, other Services or any Forum and discard and remove any User Content posted or submitted by you to any Forum, and/or prohibit you from accessing the Services, in whole or in part, for any reason or no reason at all, at any time in our sole discretion, with or without notice. You understand and agree that we may take any one or more of these actions without prior notice to you. Should we take any of these actions, we may, in our sole discretion, immediately delete any or all submitted User Content. You understand and agree that we shall not have any liability to you or any other person for any termination of your access to any Forum and/or the Services or deletion of User Content. We will determine your compliance with this Agreement in our sole discretion and our decision shall be final and binding and not subject to challenge or appeal. Any violation of this Agreement may result in restrictions on your access to all or part of the Services and may be referred to law enforcement authorities. You shall cooperate and assist in any investigation relating to any such violation. No changes to or waiver of any part of this Agreement shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of INTENNSE. Upon termination of your membership or access to the Sites or other Services, or upon demand by us, you must destroy all materials obtained from the Services and all related documentation and all copies and installations thereof. If we disable your Account, you agree that you will not create another account without our written permission.

Disclaimer

We make no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Services. The Services may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. We assume no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorized access to, User communications. We are not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment,
software, failure of email or Users on account of technical problems or traffic congestion on the internet or in connection with the Sites or other Services, including injury or damage to a User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials on, through or from the internet and/or the Services.

THE SITES AND OTHER SERVICES, THE MATERIAL, THE FORUMS AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SERVICES, THE MATERIAL, THE FORUMS OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES, OTHER SERVICES, MATERIALS, FORUMS AND SOFTWARE DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES, OTHER SERVICES, THE MATERIALS, THE FORUMS OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.

Limitation of Liability

YOU AGREE THAT INTENNSE AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, LICENSEES AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) ARE NOT LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE SITES, OTHER SERVICES, THE MATERIAL, THE FORUMS OR THE SOFTWARE, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, HUMAN ERROR, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITES (COLLECTIVELY, THE “RELEASED MATTERS”). THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1,000. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT
NOT APPLY TO YOU. 

BY ACCESSING THE SITES OR OTHER SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: 

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

You hereby waive any and all rights you have or may have under California Civil Code Section 1542, and/or any similar provision of law or successor statute to it, with respect to the Released Matters. In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by this Agreement to release fully, finally and forever all Released Matters under this Agreement. In furtherance of such intention, the releases set forth in this Agreement shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto.

We make no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Services and/or the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by us. Views and opinions of Users of the Sites do not necessarily state or reflect ours. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available as part of the Services. 

The internet may be subject to breaches of security. We are not responsible for any resulting damage to any User’s computer caused in whole or in part by any such security breach or by any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction.

Linking Policy

If you link to the Sites or other Services, we require that you follow these guidelines. You may link only to the home page, and the link must be in plain text, unless otherwise approved in writing by our authorized representative. The link to the Services must not damage, dilute or tarnish the goodwill associated with any of our names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with us. You may not “frame” the Sites or other Services, or alter its intellectual property or Material in any other way. You may not link to the Sites or other Services from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by us in our sole discretion. We reserve the right, in our sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that we deem to be inappropriate or inconsistent with or antithetical to the Services and/or these Terms of Service.

We are not responsible for the content or performance of any portion of the internet to which the Sites or other Services may be linked or from which the Services may be accessed.

Copyright Notice

If you believe that any Material appearing on the Sites or other Services, or any User Content appearing in any Forum has been copied or used in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

1. Your name, address, telephone number, and email address;
2. A description of the copyrighted work that you claim has been infringed;
3. The exact URL or a description of where the alleged infringing material is
   located;
4. 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;
5. An electronic or physical signature of the person authorized to act on behalf of
   the owner of the copyright interest; and
6. A statement by you, made under penalty of perjury, that the above information in
   your notice is accurate and that you are the copyright owner or authorized to act
   on the copyright owner’s behalf.

Copyright infringement notices (and counter-notices) with respect to the Services must meet the then-current statutory requirements imposed by the Digital Millennium Copyright Act (“DMCA”) (see https://www.copyright.gov/512/) and should be sent to our agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware United States law provides significant penalties for submitting a DMCA statement falsely, including without limitation, payment of costs and attorney’s fees.

Copyright Agent
By mail:
For The Sport, Inc.
600 Brickell Avenue, Suite 3500
Miami, FL 33131
Attn.: Legal Affairs/DMCA Notices
By email:  [email protected]

We reserve the right to remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of a notice that complies with the requirements of 17 U.S.C. § 512(c)(3).

By registering a Copyright Agent and putting this notification process in place, we seek to preserve any and all exemptions from liability that may be available under the DMCA or otherwise.

Indemnification

BY USING THE SITES YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OF SERVICE OR ANY LAW; YOUR USE OF THE SITES AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS OF SERVICE; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR OUR USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN OUR DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT OUR WRITTEN CONSENT.

Time Limitation for Claims

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS OF SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE RELEVANT EVENTS FIRST GIVING RISE TO THE CLAIM. IF NOT COMMENCED WITHIN SUCH ONE (1) YEAR PERIOD, YOU AND INTENNSE ARE EACH PERMANENTLY BARRED FROM PURSUING THAT CLAIM.

Governing Law/Venue/ Waiver by Jury Trial/Arbitration/Class Action Waiver

These Terms of Service shall be governed and construed in accordance with the laws of the State of Georgia applicable to contracts entered into and fully performed in Georgia (without regard to its conflicts of law principles that would cause the application of any other jurisdiction’s laws). With respect to any disputes or claims not subject to arbitration, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Georgia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the county of Fulton, Georgia, in the state and federal courts of Georgia.

EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SERVICES OR ANY TRANSACTIONS BETWEEN THE PARTIES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY.

Arbitration Agreement

By accessing or using the Services in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of INTENNSE and its parent, subsidiaries, affiliates (all such individuals and entities collectively referred to herein as the “INTENNSE Entities”) arising out of, relating to, or connected in any way with the Sites or other Services, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS (or if JAMS is unable or unwilling to administer such arbitration, by another arbitration provider selected by us) and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Atlanta, Georgia; (4) the arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and any of the other agreements referenced herein that the applicable User may have entered into in connection with the Sites or other Services; (5) the arbitrator shall apply Georgia law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, whereby arbitration can decide only your and/or the applicable INTENNSE Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (7) the arbitrator shall not have the power to award punitive damages against you or any INTENNSE Entity. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost- prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration provision shall be null and void, and neither you nor INTENNSE shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com. 

THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES. 

YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE TERMS OF SERVICE AND ARBITRATION AGREEMENT, YOU AND INTENNSE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Notice to California Consumers

Under California Civil Code Section 1789.3, California Users of the Services 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 (800) 952-5210.

Changes to Services and/or Terms of Service

We reserve the right, from time to time, in our sole discretion, to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of the Sites or other Services, or these Terms of Service, in whole or in part, at any time without further notice. For changes to these Terms of Service that we deem material, we will place a notice on intennse.com by revising the link on the homepage to read substantially as “Updated Terms of Service” for an amount of time that we determine in our discretion. If you access or use the Sites in any way after the Terms of Service have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Terms of Service will be available on intennse.com and will supersede all previous versions of these Terms of Service.

Miscellaneous

These Terms of Service constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. These Terms of Service may not be amended, nor any obligation waived, without our written authorization. Any failure to enforce any provision of these Terms of Service shall not constitute a waiver thereof or of any other provision thereof. 

You acknowledge that any breach of this agreement would cause us irreparable injury, such that we would have no adequate remedy at law. You agree that in the event of such breach, we shall be entitled to injunctive relief in addition to any other remedies it may have at law or equity, without the requirement of posting a bond. 

If any provision of these Terms of Service is determined to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions, and the balance of these Terms of Service shall remain in effect and shall be construed in accordance with its terms as if the invalid or unenforceable provision were not contained herein. 

These Terms are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder to any third party without notice to you, and in such case the Terms of Service shall apply to and bind any successor-in-interest or assignee of ours. In the event we undergo a change of control, merger, acquisition, or sale of assets, your User Account and associated data may be part of the assets transferred to the purchaser or acquiring party. 

For any questions, suggestions, or concerns related to these Terms of Service, please contact us using the Contact Us page, or write to us at the below address:

For The Sport, Inc.
600 Brickell Avenue, Suite 3500
Miami, FL 33131
Attn.: Legal Affairs/Terms of Service