The following Terms of Use (this “Agreement“) describes the terms and conditions under which the services of this www.marqueesportsnetwork.com website and any url redirecting to the foregoing (collectively, this “Website“)
are provided. By accessing this Website and using any service provided
by this Website, including but not limited to viewing any of its content
or purchasing any ticket or merchandise, or utilization of any
resources, information, content, materials and results or output derived
from such services or products on the Website, you expressly agree to
be bound by this Agreement, including the terms of our Privacy Policy,
and all applicable laws and regulations governing the use of this
Website. In this Agreement, underlined terms serve as links to pages
within this Website that contain important information concerning your
use of our services. We encourage you to access and become familiar with
these pages, including but not limited to our Privacy Policy
as you read this Agreement. If you do not agree with this Agreement or
Privacy Policy, then you are not authorized to use the Website.
The
Website may revise and update these Terms of Use from time to time
without notification to its users. Accordingly, we encourage our users
to regularly check this Agreement for changes.
1. Introduction
This Agreement, and use of the website, is an online service provided by
Marquee Sports Network, a limited liability company (sometimes referred
to herein as the “Company“, “we” or “our”) with a
principal place of business in Illinois. The website consists of company
information, partnership/sales/meeting/event opportunities and case
studies, which may include facilitation of the purchase or sale of
tickets to live events, access to other ticket resources, and related
content provided by the Company and by third parties for businesses
contracted to sell assets for the Company.
This Website is subject to the terms and restrictions contained herein and is for private personal use by consumers only (“Users“).
Any other use or attempt to use this Website, or any of the services
provided through this Website for commercial purposes (including the
purchase of tickets for the purpose of resale), directly or indirectly,
by you or by a third party is strictly prohibited.
2. Changes in Terms and Conditions
The Company reserves the right to modify, suspend, or discontinue any
aspect or feature of this Website, or this Agreement at any time. This
includes but is not limited to, the right to change or discontinue any
service provided by the Company, content displayed on this Website,
hours of availability, and equipment needed for access or to use this
Website, at any time. The Website shall not be liable to you or any
third party for any modification, suspension, or discontinuance. The
failure of the Website to exercise or enforce any right or provision of
these Terms of Use shall not constitute a waiver of such right or
provision. Unless expressly stated otherwise, any new features that
augment or enhance the current services provided though this Website
also will be subject to the provisions of this Agreement.
3. Use of This Website
This Website is the property of the Company and your access to this
Website is with our permission. Any unauthorized access or use will be,
among other things, a trespass, and we reserve the right to pursue our
legal rights for any unauthorized access or use of this Website,
including seeking civil remedies and equitable relief to the fullest
extent possible, as well as referral of matters to appropriate law
enforcement agencies.
You are prohibited from doing any act that
has the effect of undermining the integrity of our system, this Website,
our services and the method by which we provide our services to users.
As a material term of this Agreement, you expressly agree that you shall NOT do any of the following:
- Deploy
or facilitate the use or deployment of any robot, spider, scraper or
any other automated means, method or device to view, select or copy any
content from this Website;
- Deploy or facilitate the use or
deployment of any script, routine, program or any other automated means,
method or device with respect to this Website for any other purpose,
including but not limited to purchasing tickets;
- Deploy or
facilitate the use or deployment of any program, system, means, method
or device, for any purpose that places an unreasonable, unnecessary or
excessive demand or load on this Website, its hardware and connections,
or prohibits, denies or delays access to this Website by others;
- Purchase
tickets to any event offered through this Website for the purposes of
reselling those tickets, except as permitted by applicable law. If we
determine that you are purchasing an irregularly large number of tickets
to an event or multiple events, you may be required to contact our
sales office in order to execute a group license. In the alternative,
we reserve the right to presume that you are purchasing such tickets for
resale purposes and at our sole election, we will cancel your
transaction(s) and restrict your access to this Website;
- Download
or copy any content displayed on this Website, including without
limitation any photographic imagery, Company or third-party (including
Chicago Cubs and Hickory Street Capital) trademarks, for purposes other
than preserving information for your personal use;
- Establish any
deep link or other connection to any specific page or pages of this
Website other than the home page, without Company’s prior written
permission; or
- Deploy or facilitate the use or deployment of any
automatic or manual device, process or means to circumvent, avoid or
defeat any of our security measures or systems.
- You expressly
agree that you will use this Website only for lawful purposes. You will
not post or transmit through this Website any material which: (i)
violates or infringes in any way upon the rights of others; (ii) is
unlawful, threatening, abusive, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane or otherwise objectionable;
(iii) encourages conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any law; (iv) creates or
attempts to create any liability of the Company, (v) contains
advertising or any solicitation with respect to products or services,
unless we have approved such material in writing, in advance of its
transmission; (vi) introduces any program, executable file or routine
(such as a worm, Trojan horse, cancelbot, time bomb or virus) into our
system for any purpose, irrespective of whether any such program or
routine results in detrimental harm to our system or our data; or (vii)
threatens the continuous services of our ISP’s, suppliers and vendors.
Any
conduct by you that in our sole discretion restricts, inhibits, or
interferes with any other consumer from using or enjoying this Website
is expressly prohibited.
4. Payment and Fees
If you decide to purchase tickets or other merchandise, you agree to all
terms of such tickets printed thereon and to pay, in addition to the
price for the ticket or merchandise, other fees and charges that we may
impose, including but not limited to, convenience fees, processing fees,
method of delivery fees and other miscellaneous fees. The amount of
each fee may vary, depending on the tickets or merchandise you purchase
and the method you select to receive your tickets or merchandise.
Fees
and charges, including (but not limited to) charges for issuance,
convenience, handling, processing, shipping, delivery, (including but
not limited to, charges for Federal Express or other courier delivery),
and any other miscellaneous charges assessed by us represent, among
other things, the costs we incur in providing our goods and services to
you. The fees and charges we assess may be greater than our actual cost
of providing those services, and we may retain a portion of all such
fees and charges as profit.
Please review all pages displayed
during your completion of a purchase. All fees and charges related to
your transaction will be disclosed to you during the purchase process.
If you do not agree to pay the fees or charges associated with your
purchase, you may cancel your transaction. Once you agree to a
transaction, the transaction is final, non-refundable, and
non-cancellable for any reason. All sales are final.
5. Tickets / Marquee Sports Network Rules
Each ticket purchased through the Website (a “Ticket”) represents a non-transferable, non-renewable, revocable Ticket License (the “License”)
offered by the Company, subject to the terms and conditions set forth
on the Ticket, the terms and conditions set forth herein, and any
policies published by the Company from time to time. Payment by a
Licensee (defined below) to the Company for Ticket(s) or use of the
Ticket to access an event operated by the Company or its affiliates or
designees constitutes Licensee’s acceptance of a non-renewable,
revocable License which permits the bearer the right to enter the
publicly-accessible areas of the location listed on the Ticket at times
determined by the Company. This License and Tickets are revocable at the
sole and absolute discretion of the Company, with or without cause,
including, but not limited to, failure to pay any amount when due.
Without limiting the foregoing, Licensees are advised the Company may
cancel any Ticket or revoke any License or take other appropriate
action, including, without limitation, ejection and further legal action
for conduct including, but not limited to: (a) any form of fraudulent
activity; (b) the purchase of tickets for the purpose and intent of
reselling the tickets on the secondary market; (c) use of tickets for
sweepstakes, contests and/or promotions without the prior written
consent of the Company.
The Company reserves the right, with or
without refunding the face value of the Ticket, to revoke the License,
refuse admission or eject any person whose conduct is deemed to be
disorderly, who uses abusive language, who carries a weapon into the
venues affiliated with the Company, who fails to comply with the terms
and conditions of the License, including any applicable code of conduct
or policy or procedure. The Company reserves the right to inspect any
bags, clothing or other articles prior to entry into the venues
affiliated with the Company and prohibit entry or require removal of any
items which the Company deems inappropriate or potentially injurious to
other patrons.
6. Links to Other Websites
We may, from time to time, display icons, graphic or textual links to
other websites, or display selected pages of other websites not
affiliated with The Website. Any content, product or service provided by
other websites is under the exclusive control of such third parties and
not the Company. Your access to and use of any other Website, and any
transaction in which you engage on any other website, is subject to the
applicable user agreements and privacy policies of that website. By
access and use of any other website, you expressly disclaim all
liability of the Website and the Company with respect to your, or third
party’s actions on these other websites. The Company reserves the
exclusive right and sole discretion to add, decline or remove, without
notice, any icon or link to another website.
7. Electronic Communications
By reserving tickets or otherwise communicating with us electronically,
you consent to receive electronic communications from us regarding any
purchase you make or any event to which you have purchased tickets. By
consenting to accept electronic communications from us, you also agree
that all agreements, disclosures and notices, including any updates to
this Agreement, may be provided to you electronically and that an
electronic communication from us satisfies any legal requirement that a
communication be in writing.
In addition, when you purchase
tickets or merchandise from us, you agree that you have established a
business or personal relationship with the Company and you consent to
receive email notices or advertisements from us in the future about
events, products or services that may be of interest to you. If you are
not interested in receiving email notices or advertisements from us, you
should unsubscribe. Please consult our Privacy Policy for more information.
8. Ownership Intellectual Property
Other than third party materials that the Website uses, the Website owns
all Website software, design, text, logos, designs, images,
photographs, illustrations, audio clips, video clips, artwork, graphic
content, and other copyrightable elements, including the selection and
arrangement thereof, trademarks, service marks and trade names
(collectively, the “Website Elements“). The Website
Elements are protected, without limitation, pursuant to U.S. and foreign
copyright and trademark laws. You agree not to reproduce, modify,
create derivative works from, display, perform, publish, distribute,
disseminate, broadcast or circulate any Website Elements to any third
party (including, without limitation, the display and distribution of
the Website Elements via your own or a third party website) without the
Company’s express prior written consent. You further agree that you will
not disassemble, decompile, reverse engineer or otherwise modify any
software included in the Website Elements. Any unauthorized or
prohibited use may subject the offender to civil liability and criminal
prosecution under applicable federal and state laws. The Company makes
no, and expressly disclaims all, representations and warranties
regarding your use of the Website Elements and whether such use
infringes rights of third parties.
Nothing contained on this
Website should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any Trademark displayed on this
Website without the Company’s written permission. Your use of the
Trademarks displayed on this Website, except as provided in these Terms
of Use, is prohibited.
9. Disclaimers, Limitation of Liability, Releases
YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR OWN RISK. YOU WILL BE
RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, IF ANY.
NEITHER THE COMPANY, ITS PARENT COMPANY, ITS MANAGEMENT COMPANY, ITS
PAYMENT CARD PROCESSING AGENT, NOR ANY OF THEIR RESPECTIVE OFFICERS,
DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS (COLLECTIVELY THE “RELEASED PARTIES”),
REPRESENT OR WARRANT THAT YOUR USE OF THIS WEBSITE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR AS TO THE
ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR
MERCHANDISE PROVIDED THROUGH THIS WEBSITE. THIS WEBSITE IS PROVIDED ON
AN “AS IS” BASIS WITHOUT REPRESENTATIONS OTHER THAN THOSE IN THIS TERMS
OF USE DOCUMENTATION, OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER
THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THE DISCLAIMERS CONTAINED IN THIS AGREEMENT APPLY TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR
BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION. YOU SPECIFICALLY ACKNOWLEDGE THE RELEASED PARTIES ARE NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR
THIRD PARTIES AND YOU ASSUME THE RISK OF INJURY FROM ANY OF THE
FOREGOING.
IN NO EVENT WILL THE RELEASED PARTIES, OR ANY PERSON OR
ENTITY INVOLVED IN CREATING, PRODUCING OR MAINTAINING THIS WEBSITE BE
LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE THIS WEBSITE. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES
MAY NOT APPLY TO YOU, BUT WILL APPLY, IN ANY EVENT, TO THE MAXIMUM
EXTENT POSSIBLE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, THE
RELEASED PARTIES WILL NOT BE LIABLE REGARDLESS OF THE CAUSE OR DURATION,
FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR
UNTIMELINESS OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE, OR FOR
ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO ANY USER, OR
FOR ANY CLAIMS OR LOSSES ARISING FROM USING THIS WEBSITE. NONE OF THE
FOREGOING PARTIES WILL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF
ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR
CONSEQUENTIAL DAMAGES.
ANY LIABILITY THAT THE RELEASED PARTIES MAY
HAVE TO YOU UNDER ANY CIRCUMSTANCES WILL BE LIMITED TO THE GREATER OF
(A) THE TOTAL AMOUNT EXPENDED BY YOU WITH US DURING THE TRANSACTION
GIVING RISE TO THE CLAIM; OR (B) $100. IF YOU ARE A RESIDENT OF A STATE
THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THEN THE FOREGOING PROVISION WILL NOT APPLY TO
YOU.
10. Equipment
You will be responsible for obtaining and maintaining all telephones,
Internet connections, computer hardware, and other equipment needed for
access to and use of this Website and for any and all charges related
thereto.
11. Trademarks
The Website takes great care in the development and protection of its
trademarks, service marks and logos and reserves all rights of ownership
of its trademarks, including but not limited to all business partners
of the Company.
Nothing contained in this Website should be construed as granting by
implication, estoppel, or otherwise, a license or right to use any
trademarks displayed on this Website without the prior written
permission of the Company.
12. Copyright Compliance
To ensure compliance with the Digital Millennium Copyright Act (“DMCA”)
The Website will take action on receipt of notice of alleged copyright
infringement. If you are a copyright owner or representative of the
owner and believe that a user has submitted or uploaded material that
infringes upon your United States copyrights, you may submit
notification in accordance to the DMCA by providing The Website with the
following information in writing:
- identification of the copyrighted work you claim has been infringed;
- identification
of the claimed infringing material and information sufficient to permit
us to locate the material on this Website (such as the URL(s) of the
claimed infringing material);
- information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an Email address;
- a
statement by you that you have a good faith belief that the use is not
authorized by the copyright owner, its agent, or the law;
- a
statement by you, made under the penalty of perjury, that the above
information in your notification is accurate and that you are the owner
of an exclusive right that is allegedly infringed or are authorized to
act on the owner’s behalf; and
- your physical or electronic signature.
Please send all written correspondence of alleged infringements to:
Marquee Sports Network, Privacy Administrator, 3721 N. Clark Street, Chicago, IL 60613. Email: info@marqueesportsnetwork.com
13. Our Content
A portion of the content for this Website is supplied by third parties.
Any opinions, advice, statements, services, offers, or other information
or content expressed or made available by third parties, including
information providers, are those of the respective authors or
distributors. Neither the Company nor any third-party provider of
information guarantees the accuracy, completeness, or usefulness of any
content, nor its merchantability or fitness for any particular purpose.
14. Remedies
Without limiting any other remedies that we may have available at law or
in equity, upon our confirmation that you have breached any provision
of this Agreement or the agreements referenced in this Agreement, we
may, without notice, cancel any pending transactions you may have with
us and restrict or deny your access to our Website and services,
including any services we provide through channels other than the
Internet. You acknowledge and agree that monetary damages may not be a
sufficient remedy to the Company for a breach of this Agreement and you
consent to injunctive or other equitable relief for any alleged breach.
15. Binding Arbitration
Any dispute relating to or arising from your purchase of any tickets or
other merchandise through this Website; or arising under this Agreement,
in which monetary damages are being sought, will be resolved by binding
arbitration conducted in accordance with the Commercial Rules of the
American Arbitration Association. To the extent practicable, hearings
will be conducted via telephone or other electronic means intended to
facilitate a forum in which a hearing may be had. Any in-person
arbitration proceeding will take place in Chicago, Illinois, USA. Upon
conclusion of the arbitration, any court having jurisdiction over the
matter may enter judgment on any award issued in the arbitration. Any
legal proceeding will be adjudicated by a court sitting in Chicago,
Illinois, and you and the Company expressly consent to the personal
jurisdiction of the State and Federal courts sitting in Chicago,
Illinois.
16. Indemnification
You agree that you will, at your expense, indemnify, defend, settle, and
hold the Released Parties harmless from and against all claims and
expenses, including attorneys’ fees, arising out of your use of this
Website, including but not limited to any use of this Website that is
not authorized by this Agreement and/or in accordance with applicable
law. In addition you will pay any judgment awarded against us or any
settlement agreed to by you, and any authorized expenses incurred by us.
The Company reserves the right to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in
which event you will assist and cooperate with The Company in asserting
any available defenses.
17. Notices
All notices regarding any matter pertaining to this Agreement, or the
policies referenced herein, including any notice of claim, summons or
subpoena will be given by first class mail, return receipt; or third
party national overnight courier, and sent to: Marquee Sports Network,
Privacy Administrator, 3721 N. Clark Street, Chicago, IL 60613. Email:
info@marqueesportsnetwork.com
Notice will be deemed effective on
the date of delivery according to the return receipt or third party
courier delivery confirmation. In addition, the Company may provide
notice to you by either email or by third party national overnight
courier, sent to the physical or email address you provided to us during
any transaction conducted with us. Notice will be deemed effective 24
hours after sending of an email (unless returned due to an invalid email
address) or on the date of delivery according to the return receipt or
third party courier delivery confirmation.
18. General
This Agreement is to be construed in accordance with the laws of the
State of Illinois, without regard to its conflict of laws provisions.
This Agreement, as updated from time to time, constitutes the entire
agreement between us, with respect to the terms and conditions of use of
this Website and supersedes all previous written or oral agreements
between us. If any provision of this Agreement is held to be invalid or
unenforceable, such provision will be struck and the remaining
provisions will be enforced. The section headings in this Agreement are
for reference purposes only and in no way limit or describe the scope of
a particular section. Our failure to enforce any breach of this
Agreement by you or others does not constitute a waiver of our right to
enforce the terms of this Agreement in the future for a similar breach.
Last Updated and Effective Date: February 6, 2019
