Terms of Use

The Terms of Service (“TOS”) is a legal agreement between you and MSG Sports, LLC and MSG Entertainment Group, LLC (“MSG,” “we,” “us,” or “our”). The TOS applies to any and all websites, applications, software and any other electronic and/or digital products and/or services (and any and all content, features, applications or functions offered or made available on or through any such website, application, software or other electronic and/or digital product or service, including without limitation e-mail notifications and social networking features) that are made available by the MSG Family (collectively, the “Services”). This TOS applies when a user is required to agree to this TOS or this TOS is made available as a link or otherwise on or through the applicable Services and the user agrees by using such Services.  In other words, you acknowledge and agree that, by accessing or using the Services or by uploading or posting any User Content (as defined below) to the Services, you, your heirs, and assigns (collectively, “you”) are indicating that you have read, understand, and agree to be bound by these TOS. If you do not agree to these TOS, then you have no right to access or use the Services or content. The TOS applies, regardless of the device used to access the Services (e.g., personal computer, mobile device, consumer electronics device, or any other technology or software known today or developed in the future) and  is subject to the MSG Privacy Policy, which is hereby incorporated by reference (the “MSG Privacy Policy”).  In the event that the user of a mobile application or other online service is required to agree to a separate governing agreement, including without limitation a terms of use, end user license agreement or privacy policy (collectively, “Other Governing Agreement”), in order to use, access and/or download such application or other online service, the Other Governing Agreement, and not this TOS, will govern the use of the applicable mobile application or online service.

By accessing and using the Services, you accept and agree to be bound by this TOS and the MSG Privacy Policy. We may, from time to time, modify the TOS. Please check this page periodically for updates. Any changes will be posted on http://www.msgsports.com/privacy/ and http://www.msgentertainment.com/privacy/ and other online services to which the updated TOS applies. If you do not agree to, or cannot comply with, the modified TOS, you must stop using the Website and/or Services.  The updated TOS will take effect after its posting and will apply only on a going-forward basis, unless otherwise provided in a notice to you, and except as provided in the Class Action and Jury Trial Waiver section of the TOS.  Your continued use of the Services after any such update constitutes your binding acceptance of such changes.

In order to register for the registration-only areas of the Website or Services, if any, you must provide certain information about yourself. You must be at least thirteen (13) years of age or older to register for and receive certain membership benefits, except residents of California must be at least eighteen (18) years of age or older to register for and receive certain membership benefits. By registering, you acknowledge and agree that you are over thirteen (13) years of age, or at least eighteen (18) years of age if a resident of California, and that the information you have provided is true, accurate, complete, and correct as of the date of registration, and that you will promptly update your registration information, should it change.

During the registration process, you must select a user name and password. It is your responsibility to ensure that your password remains confidential. By registering, you agree that you will not allow others to use your account and that you are fully responsible for all activities that occur under your user name. You agree to notify MSG immediately in the event of unauthorized use of your password or account, or of any other breach of security relating to your account. MSG is not liable for any loss or damage resulting from your failure to maintain the confidentiality of your account as provided herein.  MSG may assume that any communications MSG receives under your password have been made by you.  The Services may offer you opportunities to vote in connection with certain events, enter contests and sweepstakes, and make purchases. By participating in any such activities, you signify your agreement to all special terms set forth on or through Services applicable to the particular event, contest or sweepstakes, as well as the terms of this TOS. In the event of a conflict between such special terms and this TOS, this TOS applies.

The  Services may enable its registered users to submit, post, upload, or otherwise make available through the Services (collectively, “post”) content such as video clips, photographs, public messages, ideas, comments and other content (collectively, “User Content”) that may or may not be viewable by other users. You acknowledge and agree that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom the User Content originated. You further agree that you have all required rights to submit, post, upload or otherwise use or disseminate such User Content without violation of any third-party rights.

When you submit User Content on or through your use of any of the Services, you grant MSG a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licenseable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, and publish such User Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.

You acknowledge and agree that your user name may be associated with any User Content that you post. You represent and warrant to MSG that you own or otherwise control all rights to any User Content you post on or through the Services. You agree that you will indemnify, defend, and hold harmless MSG for all claims resulting from User Content you post.  We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

You acknowledge and agree that MSG and its designees may or may not, at MSG’s discretion, pre-screen User Content before its appearance on the Services, but that MSG has no obligation to do so. You further acknowledge and agree that MSG reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Services. Without limiting the foregoing, MSG and its designees shall have the right to remove any User Content that violates the TOS or is otherwise objectionable in MSG’s sole discretion. You acknowledge and agree that MSG does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content. You understand that by using the Services, you may be exposed to User Content that you may consider offensive or objectionable. You also acknowledge that MSG is a provider of an interactive computing service as set forth the Communications Decency Act, 47 U.S.C. §230. MSG expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on or through the Services.  

Furthermore, you acknowledge and agree that if Services provide you with an opportunity to interact with a third party’s service, e.g., Facebook, you agree to abide by that third party’s terms of service and privacy policy, and we encourage you to review such terms of service.

When submitting User Content on or through your use of any of the Services, you agree to abide by the TOS and the following Code of Conduct.

You agree that you will not:

MSG reserves the right, in its sole and absolute discretion, to remove any User Content and/or cancel the account of any user.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD MSG AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, JOINT-VENTURERS AND OTHER PARTNERS, CO-BRANDERS AND OTHER PARTNERS (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING), HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE  SERVICES, YOUR CONNECTION TO THE  SERVICES, YOUR VIOLATION OF THE TOS OR MSG PRIVACY POLICY, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF USER CONTENT TO THE  SERVICES, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.  WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

MSG reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice. You agree that MSG shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.

You agree that MSG may, in its sole and absolute discretion and without notice or liability to you or any third party, terminate your account. Grounds for such termination shall include, but not be limited to, (a) breaches or violations of the TOS (including, without limitation, the Code of Conduct) or other agreements and/or guidelines, (b) requests by law enforcement or government agencies, (c) discontinuance or material modification of the Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity and/or (f) to protect the rights, property or safety of MSG, its agents and affiliates, its users and the public.

Termination of your account may include removal of access to all offerings requiring registration and, at MSG’s sole discretion, the deletion of your account and/or User Content.

If products and/or services are made available for purchase through the Services and you wish to purchase such products and/or services, you may be asked by MSG or its designee (or, if such product or service is being made available by a third-party provider, by such third-party provider) to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR USERNAME(S) TO PURCHASE ANY SUCH PRODUCT AND/OR SERVICE. Verification of information may be required prior to acceptance of any order through the Services. Descriptions or images of, or references to, products and/or services on the Services do not imply MSG’s endorsement of such products and/or services. MSG’s reserves the right, with or without prior notice, to: change descriptions or references to products and/or services; limit the available quantity of any product or service; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any visitor to, or use of the Services with any product or service. Price and availability of any product or service offered through the Services is subject to change without notice. Refunds and exchanges shall be subject to MSG’s refund and exchange policies, as may be made available by MSG and updated by MSG from time to time. You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred, including all shipping and handling charges.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.

You agree that MSG shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on or through the Services.

The Services may provide links to third-party websites or resources, such as those that sell tickets. Because MSG has no control over such sites and resources, you acknowledge and agree that MSG is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that MSG 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 linked sites or resources.

The Services are owned and operated by MSG and contain material which is derived in whole or in part from material supplied by MSG and its affiliates, subsidiaries and partners, as well as other sources, and is protected by United States copyright laws, international treaty provisions, trademarks, service marks and other intellectual  laws. The Services are also protected as a collective work or compilation under U.S. copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by MSG and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of MSG and such others. You agree to protect the proprietary rights of MSG and all others having rights in the Services during and after the term of this TOS and to comply with all reasonable written requests made by MSG or its suppliers and licensors of content or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Services. You agree to notify MSG immediately upon becoming aware of any unauthorized access or use of the Services by any individual or entity or of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Services shall, as between you and MSG, at all times be and remain the sole and exclusive property of MSG. 

You may not use any of MSG’s trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with MSG’s consent, and you acknowledge that you have no ownership rights in or to any such items. 

You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Services, including content, code and software (collectively, “Material”) unless specifically granted written permission to do so by MSG. MSG Material may include inaccuracies or typographical errors. MSG has the right but not the obligation to make changes and updates to any Material without prior notice.

Associated Press (“AP”) text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable for any delays, inaccuracies or errors therefrom or in the transmissions or delivery of all or any part thereof for any damages arising from any of the foregoing.

E-mail is an important communication channel for our online visitors. All e-mail sent to MSG should be generated by the person in whose name the e-mail account is registered. Email shall not mask their identity using a false name or someone else’s name or account. If you are a contacting us regarding a transaction you completed through the Services, you must include your full name, address, date of order, and order number in order to ensure that we can respond. By providing MSG with your e-mail address, you authorize MSG to use that e-mail address to deliver notices or disclosures related to the Services and as otherwise described in the MSG Privacy Policy.

Any information provided to MSG by e-mail, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, shall be deemed to be non-confidential, and MSG assumes no obligation to protect such information from disclosure. The submission of such information to MSG shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by MSG for any purpose whatsoever, and MSG shall be free to reproduce, use, disclose and distribute the information to others without restriction.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL MSG OR ANY OTHER MEMBER OF THE MSG FAMILY (AS SUCH TERM IS DEFINED IN THE MSG PRIVACY POLICY) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MSG OR A MEMBER OF THE MSG FAMILY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OF, OR THE INABILITY TO USE, THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

MSG has a policy of, in appropriate circumstances and at its discretion, terminating the accounts of users who infringe the intellectual property of others, including accounts of repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide MSG’s Copyright Agent a Notice containing the following information:

You may send your claims of copyright or other intellectual property infringement to MSG’s Copyright Agent at the following address:

Madison Square Garden Copyright Agent
2 Penn Plaza, 19th Floor
New York, NY 10121
Tel: (212) 465-6000
Email: copyright.agent@msg.com

You acknowledge, consent, and agree that MSG may access, preserve, and disclose your account information and/or any User Content you submit or make available for inclusion on the  Services, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by MSG Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process; (2) to enforce this TOS; (3) to respond to claims that any content violates the rights of third parties; (4) to protect the rights, property, or personal safety of MSG, its agents and affiliates, its users, and the public; or (5) to address your requests.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS MSG and you agree that the resolution of any disputes between the parties shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND MSG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

To the extent not prohibited by applicable law that cannot be waived, the parties hereby waive, and covenant that they will not assert (whether as plaintiff, defendant or otherwise), any right to trial by jury in any action arising in whole or in part under or in connection with this TOS or any of the contemplated transactions, whether now existing or hereafter arising, and whether sounding in contract, tort or otherwise.  The parties agree that a copy of this paragraph may be filed with any court as written evidence of the knowing, voluntary and bargained-for agreement among the parties to irrevocably waive their right to trial by jury in any proceeding whatsoever between them relating to this TOS or any of the contemplated transactions and that such proceeding will instead be tried in a court of competent jurisdiction by a judge sitting without a jury.

MSG will provide 60-days’ notice of any changes to this section.  Changes will become effective on the 60^th day, and will apply prospectively only to any claims arising after the 60^th day.

For any dispute relating to MSG’s provision of and your use of the Services, you and MSG agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in the Borough of Manhattan, New York, NY. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

The TOS and the relationship between you and MSG shall be governed by the laws of the State of New York without regard to conflict of law provisions. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to these Terms or to any dispute or transaction arising out of this License.

Entire Agreement. The TOS constitutes the entire agreement between you and MSG with respect to the Website and Services and supersedes any prior agreements, oral or written, between you and MSG.

Conflicts. In the case of a conflict between the TOS and the terms of any other electronic or machine readable statement or policy, including our Privacy Policy, the TOS shall control, except for any agreement governing the use of a mobile application or other online service in which the user agrees to or is presented with a different governing agreement, such as a terms of service, end user license agreement or other agreement (collectively, “Other Agreement”). In such case, the Other Agreement shall control.

Waiver and Severability of Terms. The failure of MSG to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by an arbitrator court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Third-Party Beneficiaries. You agree that, except for the MSG Family and as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this Agreement.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website, Services and/or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Section Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.

Effective Date: April 18, 2020

© 2020 MSG Entertainment Group, LLC. All rights reserved.  Use of the Website and/or Services signifies your acceptance of these Terms of Service.