Trail Drive Management Corporation (“Dickies Arena”) – App Terms of Use

Effective Date: October 31, 2019

Trail Drive Management Corp. (hereinafter referred to as “Dickies Arena”) is pleased to offer access to the DA Premium App (“App”) to premium guests at Dickies Arena. All App users are governed by these App Terms of Use (the “Terms”). In addition, signs and/or placards including the URL for the Terms may be located in and/or around the venue at the sole discretion of Trail Drive Management Corp.

When you use the App, regardless of whether you choose to read these Terms, you are subject to all of the requirements, disclosures, notices and other provisions herein. The Terms represent a legally binding document and when you access and use the App, you agree that such access and use is governed by the Terms. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

Accepting the Terms

In order to use the App, you must first agree to the Terms. You may not use the App if you do not accept the Terms. You may accept the Terms by: (A) clicking to accept or agree to the Terms, where this option is made available to you by Dickies Arena; or (B) by actually using the App. In this case, you understand and agree that Dickies Arena will treat your use of the App as acceptance of the Terms from that point onward. You are not permitted to use the App if you are not of legal age to form a binding contract with Dickies Arena.

Access to App

App at the Venue is complimentary and completely at the discretion of Dickies Arena. You are permitted to use the App only for your own lawful personal purposes. You may not in any way distribute, resell or otherwise provide third parties with access to or use of the App.

Collection and Use of Information

You acknowledge that in order to optimally offer the App to guests, Dickies Arena may automatically collect certain information from the device you use to access the App, such as MAC address and device type. You agree that in addition to using your information to facilitate your temporary access to and use of the App, Dickies Arena may use your information for other business purposes, which may include but not be limited to, protecting the security of users, detecting and preventing fraud, and marketing and promoting our services or third party services to you.

While using the App, Dickies Arena also may collect information regarding your access to and usage of the App. Dickies Arena may use this information for business purposes including but not limited to improving and enhancing the App and gauging the effectiveness of the App.

In addition, you acknowledge and agree that Dickies Arena may also disclose your information if Dickies Arena is required to do so by law or if Dickies Arena has a good faith belief that such disclosure is advisable (a) to comply with applicable law, a subpoena, or other legal process; (b) to investigate violations of these Terms, or other contracts Dickies Arena has with you; (c) to respond to claims that your use of the App violates the rights of third parties; (d) to respond to your requests for customer service; and (e) to protect the rights, property, or personal safety of the public, Dickies Arena, its agents or its users.

Performance of the App

In order to use the App, you must have a App-capable device that (a) meets U.S. and other applicable technical standards; (b) is compatible with the App; (c) renders web pages in a standard HTML browser application; (d) runs the IP protocol; and (e) is configured to obtain web addresses automatically. The device must be in close enough proximity to the App wireless access points to achieve connectivity with the App network. You acknowledge that the App utilizes public, unlicensed radio-frequency spectrum. As such, the App is subject to external interferences, environmental influences, and other factors and variables beyond our reasonable control. Performance and availability may vary, including but not limited to or affected by, (a) transmission and download speed and accuracy; (b) network congestion; (c) performance, configuration, and functionality of your devices and wireless cards (including, but not limited to memory, storage and other limitations); (d) physical obstructions and distances between your device and the App network; (e) availability of electric power; (f) collocation failures; (g) transmission and equipment limitations, failures, maintenance or repair; and (h) user error. The App may also be interrupted, refused, limited or curtailed for these or other reasons. Dickies Arena is not responsible for data lost or misdirected due to these and other foreseeable and unforeseeable factors. Network speed is an estimate and is no indication of the speed at which your device or the App will operate. Actual network speed and other performance will vary.

In order to maintain acceptable levels of service for all App users and to improve this service, Dickies Arena reserves the right to monitor use of the App and to make such adjustments to the use of such services as necessary to maximize the benefit and enjoyment for all App users. Additionally, the App service may use automated processes to monitor and scan communications over the App network in order to maintain and provide services, improve your experience, ensure the integrity of your communications, and for various other purposes related to the provision of App services. By using the App, you acknowledge and consent to Dickies Arena’s automated processing of your communications through the App network, including information such as your IP or MAC address, HTTP requests and other information related to the provision of this service.

Service Subject To Interception and Unauthorized Use

You acknowledge that communications over the App network may be subject to interception by unauthorized third parties. Your use of the App is AS IS and AS AVAILABLE and we cannot and do not make any general or specific warranties regarding the security, availability, performance or other functionality of the App. You are responsible for implementing your own security protections while using the App. In the event you become aware of any unauthorized use of the App or any other security breach, you agree to immediately notify Dickies Arena expressly disclaims any responsibility or liability for your use of the App and for any lack of security that may result from your use of the App. You agree to hold Dickies Arena harmless for the loss of any file, data or other information while using the service, and for any unauthorized access to or utilization by any third party of any of your personal, financial, or other sensitive information.

You further agree that you will not seek to hold Dickies Arena responsible in any way for any third party website content, the operation of any third party website accessed via the App or for the appearance of any App “watermark” over a portion of any website.

Acceptable Use

Use of the App is subject to the following rules and guidelines. If you do not agree to be bound by these rules and guidelines, you may not use the App. Dickies Arena reserves the right in its sole discretion to suspend, deny, restrict or terminate use of the App if such use violates any of these guidelines, is objectionable or unlawful, interferes with the functioning of Dickies Arena’s system or network or the Internet or use of thereof by others.

Illegal Use

The App may be used only for lawful purposes. Transmission or distribution of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene, illegal, defamatory, constitutes an illegal threat, or violates export control laws. Furthermore, use of the App to impersonate a person or entity is not permitted.

Prohibited Activities Using the App

Any activity or use of the App which violates system or network security or integrity are prohibited and may result in criminal and civil liability. Such violations include, without limitation, the following:

Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network, relay communication through a resource, or to breach security or authentication measures without express authorization of the owner of the system or network.

Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner or network.

Interference with service to any user, host, or network, including but not limited to: mail bombing, flooding, or denial of service attacks.

Forging the header of any transmitted information packet, email, or Usenet posting.

Modifying or tampering with any hardware, software, or configuration provided including but not limited to: routers, switches, and cable modem configuration files provided by Dickies Arena and/or any of its operational providers or vendors.

Reselling or otherwise redistributing the App.

Disrupting any aspect of the App through any means.

Excessive use of bandwidth that in Dickies Arena’s sole opinion places an unusually large burden on the network or goes above normal usage. Dickies Arena has the right to impose limits on excessive bandwidth consumption via any means available to Dickies Arena.

Assuming or assigning an IP address that was not allocated to the user by Dickies Arena or any of Dickies Arena’s operational vendors.

Network Management

Dickies Arena reserves the right to use a changing variety of reasonable network management techniques including but not limited to (i) allocating a fixed maximum amount of bandwidth to users seeking to upload peer-to-peer files during peak periods; (ii) utilizing industry-standard Subscriber Traffic Management (STM) technology to temporary manage upstream and downstream traffic during times of peak congestion in a protocol-agnostic manner; and (iii) implementing filtering and spam detection techniques to manage reliable email sources and mitigate spam.

Spam

Users of the App may not send any unsolicited bulk or commercial email or electronic communication including, but not limited to, instant messenger programs, IRC, Usenet, or similar programs that promotes or advertises a service, product, cause, opinion, money making opportunity, or the like that the recipient did not specifically request from the sender (collectively, “Spam”). Dickies Arena maintains a zero-tolerance policy on Spam and will take immediate action against users violating this policy.

The App may not be used to collect responses from unsolicited communication regardless of the communication’s origination. Moreover, unsolicited communication may not direct the recipient to any web site or other resource that uses the App and the user may not reference the App in the header or by listing an IP address that belongs to the App in any unsolicited communication even if that communication is not sent through the App or its infrastructure.

Users may not send any type of communication to any individual who has indicated that he/she does not wish to receive messages from them. Continuing to send email messages to anyone that has expressly requested not to receive email from a user is considered to be harassment.

Abusable Resources

Users shall take all necessary steps to avoid actions that result in the abuse of a resource when using the App on their device. Examples of abusing resources include but are not limited to: open news servers, open SMTP servers, insecure routers, wireless access and insecure proxy servers. Upon notification from Dickies Arena, users are required to address the problem in a timely fashion. Failure to address an issue after notification will be considered a violation of these Terms.

User Responsibility

Users are solely responsible for the security and misuse of any device that is connected to the App, regardless of whether the misuse was committed by the user or a third party with access to the user’s device. Dickies Arena recommends that users implement appropriate measures to secure their devices and these measures may include passwords, installation of firewalls, antivirus protection with regular updates, and regularly checking for and applying security patches for software and operating systems. Users should take appropriate action to prevent their systems from becoming infected with and/or distributing computer viruses.

Enforcement

Dickies Arena reserves the right to investigate violations of these Terms, including the gathering of information from the user and the complaining party, if any, and the examination of material on Dickies Arena’s servers and network. Dickies Arena prefers to advise users of violations of these terms and any necessary corrective action but, if Dickies Arena, in its sole discretion, determines that a user has violated these Terms, Dickies Arena may take any responsive action that it deems appropriate in its sole discretion without prior notification. Such action includes but is not limited to: temporary suspension of service, reduction of service resources, and termination of service. Dickies Arena is not liable for any such responsive action and these actions are not exclusive. Dickies Arena may take any other legal or technical action it deems appropriate.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

DICKIES ARENA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER DICKIES ARENA NOR ANY OF ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OPERATIONAL OR PROMOTIONAL PROVIDERS, AND OTHER VENDORS THAT ASSIST IN PROVIDING THE APP, ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY USER FOR ANY LOSS OR DAMAGE THAT A USER INCURS IN THE EVENT OF (A) ANY FAILURE OR INTERRUPTION OF THE APP; OR (B) ANY OTHER CAUSE RELATING TO USER’S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, THE APP, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF DICKIES ARENA OR ANY VENDOR PROVIDING SOFTWARE, HARDWARE, SERVICES OR SUPPORT. IN NO EVENT WILL DICKIES ARENA, ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, OPERATIONAL OR PROMOTIONAL PROVIDERS, AND OTHER VENDORS THAT ASSIST IN PROVIDING THE APP BE LIABLE TO ANY USER FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF DICKIES ARENA, ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

LIABILITY OF APP USERS

APP USERS HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE APP AND WILL NOT MAKE A CLAIM AGAINST DICKIES ARENA RELATED TO LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE APP.

Termination

Any conduct that violates these Terms, or any additional posted policies or requirements, in any way may result in the termination of your access to the App, in Dickies Arena’s sole discretion, in addition to any other legal remedies.

Indemnification

You agree to indemnify and hold harmless Dickies Arena, its parents, partners affiliates, subsidiaries, members, directors, officers, employees, agents, operational or promotional providers, and any other vendors that assist in providing the App from and against all liabilities, claims, damages and expenses, including attorney’s fees, due to or arising out of: (a) your use of the App; (b) content you submit, post, transmit or otherwise make available through the App; or (c) your violation or alleged violation of these Terms.

Choice of Law and Forum

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law rules. Any dispute arising out of or relating to these Terms or your access or use of the App will be subject to the exclusive jurisdiction of the courts located within the state of Texas, and you hereby submit to the personal jurisdiction of such courts. If any provision in these Terms is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of these Terms shall remain in full force and effect.

Changes to the App and these Terms

You agree that Dickies Arena may for any reason, and without notice to you, modify or terminate the App and these Terms without liability to you, any user or any third party. We urge you to review these Terms periodically so that you will be aware of any modifications.

 

Notice and Procedure for Making Claims of Intellectual Property Infringement

Dickie Arena 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 Dickie Arena’s Copyright Agent a Notice containing the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that has allegedly been infringed;
• a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single Website are covered by a single notification, a representative list of such works at that site;
• identification of the material that is claimed to be infringing or to be the subject of infringing activity, and a description of where that material 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 that the above information in your Notice is accurate and, and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

You may send your claims of copyright or other intellectual property infringement to Dickies Arena’s Legal Counsel at the following address:

Trail Drive Management Corporation (“Dickies Arena”)

ATTN: Taylor Lindsey
1911 Montgomery St
Fort Worth, Texas 76107
Tel: (817) 402-9000

Miscellaneous

The failure of Dickies Arena to enforce these Terms for whatever reason shall not be construed as a waiver of any right to do so at any time. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms will be effective only if in writing and signed by Dickies Arena.