Disclaimer

 

1. TERMS OF SERVICE

Welcome to NYC LIBERTY GAMES, INC.. NYC LIBERTY GAMES, INC. provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.nyclibertygames.com. Additionally, when using particular NYC LIBERTY GAMES, INC. services, you and NYC LIBERTY GAMES, INC. shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

 

2. TRAVEL ACCOMMODATIONS

In all matters relating to the making of arrangements for hotel accommodations, transfers, luggage handling, services provided in your travel packages, entertainment, and transportation by air, railroad, motor bus, automobile and ship, Liberty Games act only in the capacity of an agent for the following suppliers of travel services.

Suppliers:
1. The airline(s) listed on your ticket
2. The Hotel Properties, as listed on your confirmation

B. GROUP TRANSPORTATION
Group transportation that has been pre-arranged

Because of their status as agents and because they maintain no control over the personnel, equipment, or operations of these travel service suppliers, Liberty Games can assume no responsibility for and cannot be held liable for any personal injury, property damage or other loss, accident, delay, inconvenience or irregularity which may be occasioned either by reason of: (1) any wrongful or negligent acts or omissions on the part of any of the suppliers; or (2) any wrongful, negligent, or unauthorized acts or omissions on the part of any other party not under control, direct or otherwise, of Liberty Games. The Passage Contract in use by the Airlines concerned, when issued, shall constitute the sole contract between the airline and the purchaser of these tours and/or the passenger.

 

3. DESCRIPTION OF SERVICE

NYC LIBERTY GAMES, INC. currently provides users with access to a rich collection of online resources directed towards amateur sports tournament participation including online registration, news stories, stats, performance summaries, shopping services, and other personalized content (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new NYC LIBERTY GAMES, INC.
properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS–IS” and that NYC LIBERTY GAMES, INC. assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web–based content and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

4. YOUR REGISTRATION OBLIGATIONSIn consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or NYC LIBERTY GAMES, INC. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NYC LIBERTY GAMES, INC. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). NYC LIBERTY GAMES, INC. is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.

 

5. NYC LIBERTY GAMES, INC. PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy.

 

6. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not NYC LIBERTY GAMES, INC., are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Under no circumstances will NYC LIBERTY GAMES, INC. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. You agree to not use the Service to: upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, a NYC LIBERTY GAMES, INC. official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

 

7. CONTENT

You acknowledge and agree that NYC LIBERTY GAMES, INC. may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third–parties; or (d) protect the rights, property, or personal safety of NYC LIBERTY GAMES, INC., its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet and NYC Liberty Games, Inc. you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

 

9. PUBLIC CONTENT POSTED TO NYC LIBERTY GAMES, INC.

i. For purposes of the TOS, “publicly accessible areas of the Service” are those accessible by the general public. By way of example, a publicly accessible area of the Service would include league and team news pages and NYC LIBERTY GAMES, INC. Message Boards, but would not include private User pages which contain user address, age and phone numbers.

ii. With respect to Content you elect to post for inclusion in publicly accessible areas of NYC LIBERTY GAMES, INC. Clubs or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant NYC LIBERTY GAMES, INC. the world–wide, royalty free and non–exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific NYC LIBERTY GAMES, INC. to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.

iii. With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant NYC LIBERTY GAMES, INC. the royalty–free, perpetual, irrevocable, non–exclusive and fully sub–licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

INDEMNITY
You agree to indemnify and hold NYC LIBERTY GAMES, INC., and its subsidiaries, affiliates, officers, agents, co–branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

 

10. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

 

11. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that NYC LIBERTY GAMES, INC. may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on NYC LIBERTY GAMES, INC.’S servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that NYC LIBERTY GAMES, INC. has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that NYC LIBERTY GAMES, INC. reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that NYC LIBERTY GAMES, INC. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

 

12. MODIFICATIONS TO SERVICE

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

 

13. DEALINGS WITH ADVERTISERS/SPONSORS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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 NYC LIBERTY GAMES, INC. 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 the Service.

 

14. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because NYC LIBERTY GAMES, INC. has no control over such sites and resources, you acknowledge and agree that NYC LIBERTY GAMES, INC. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NYC LIBERTY GAMES, INC. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

 

15. NYC LIBERTY GAMES, INC.’S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by NYC LIBERTY GAMES, INC. or advertisers, you agree not to modify, rent, lease, loan, sell, copy, distribute or create derivative works based on the Service or the Software, in whole or in part. NYC LIBERTY GAMES, INC. grants you a personal, non–transferable and non– exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by NYC LIBERTY GAMES, INC. for use in accessing the Service.

 

16. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NYC LIBERTY GAMES, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT NYC LIBERTY GAMES, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NYC LIBERTY GAMES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

 

17. EXCLUSIONS AND LIMITATIONS

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 OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

 

18. NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. By agreeing to these
terms, you consent to receiving emails from NYC LIBERTY GAMES, INC. as well as the organization you are registering to. If you wish to be excluded from emails sent by the organization, please contact us via email.

 

19. TRADEMARK INFORMATION

NYC LIBERTY GAMES, INC., NAVS™, and VMedia™ are registered trademarks.

 

20. COPYRIGHTS and COPYRIGHT AGENTS

NYC LIBERTY GAMES, INC. respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NYC LIBERTY GAMES, INC. with the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site; Your address, telephone number, and email address; 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; 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.

 

21. GENERAL INFORMATION

The TOS constitute the entire agreement between you and NYC LIBERTY GAMES, INC. and govern your use of the Service, superceding any prior agreements between you and NYC LIBERTY GAMES, INC.. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third–party content or third–party software. The TOS and the relationship between you and NYC LIBERTY GAMES, INC. shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You and NYC LIBERTY GAMES, INC. agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Bergen in New Jersey. The failure of NYC LIBERTY GAMES, INC. 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 a court of competent jurisdiction to be invalid, the parties nevertheless agree that the 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. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within two (2) years after such claim or cause of action arose or be forever barred.

 

22. E–payment through NYC LIBERTY GAMES, INC.

(a) NYC LIBERTY GAMES, INC., Inc. is only a Service Provider. We provide technology that allows you to submit payments to third parties. At no time do we have possession of any funds involved in any transaction that takes place through our service. We do not withdraw funds from the submitter’s account, nor do we deposit funds into your account. We do not have control of or liability for the products or services that are paid for with our Service. We do not
guarantee the identity of any User or ensure that a buyer will complete a transaction. Monies from your checking or savings account will be delivered to the organizations bank account. (b) Dishonored Requests for Payments. If the transaction is not honored by your bank for any reason, the organization is subject to a Chargeback Fee of $25.00, and a Returned Item Fee of $3.00. Organizations may cancel your right to the registration. Your organizations refund policy may dictate any fees you would owe them. (c) Your Privacy. Protecting your privacy is very important to us. Please review our Terms of Service in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your Information.

 

23. VIOLATIONS

Please report violations of the TOS via email at vanessa.whitney@nyclibertygames.com