Last Updated: July 31, 2020
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.
These Terms of Service (“Terms”) apply to your access to and use of the websites, mobile applications and other online offerings (collectively, the “Sites”) provided by Arena, Arena PAC and affiliated organizations (“Arena”, “we” or “us”) that link to these Terms and any services, events, programs or activities provided by Arena through or in connection with the Sites (the “Services”). By accessing or by using our Sites, you agree to these Terms, and any terms incorporated by reference. If you do not agree to these Terms, do not use our Site. These Terms do not alter or replace in any way the terms and conditions of any other Agreement or terms that you may enter into with Arena in connection with any Services. In the event of a conflict between these Terms and the terms of any agreement specific to such Service, such specific terms will govern over these Terms.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Sites or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Sites or Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Sites and Services.
If you have any questions about these Terms or our Sites or Services, please contact us at firstname.lastname@example.org.
- Consent to Use of Data and Mobile Communication; SMS Program Terms
You consent to our communicating with you about the Sites, the Services and Arena by SMS, text message, email or other electronic means. Your carrier’s normal, messaging, data and other rates and fees will apply to these communications.
If you subscribe to any text programs that Arena makes available, the following terms apply:
- User Content
Our Sites and Services may allow you and other users to create, post, store and share content, including messages, comments, stories, text, photos, graphics, videos, music, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Arena.
You grant Arena and its independent contractors, service providers, and consultants a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username , voice, or likeness embodied in or provided in connection with your User Content in any manner in connection with the Sites, the Services, and Arena, and in all media formats and channels now known or later developed, without compensation to you.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
If you participate in any events, conferences, trainings, or other programs, including online or telephonically, you acknowledge and agree that your participation may be recorded or otherwise captured (in any manner or media) and you agree that we may use and distribute any resulting audio, video, photographs, digital files, and other recordings (the “Recordings”), in whole or in part, and use your name and your voice or likeness as captured in such Recording, in any manner or media and for any purpose whatsoever in connection with the Sites, the Services, Arena, and any related materials at the sole discretion of Arena. I understand and agree that Arena will own all rights of any kind in the Recordings, and that I will retain no rights therein. I further understand all rights granted herein are fully sublicensable and assignable.
I hereby release and discharge Arena and its respective agents, employees and assigns, and anyone acting under their authorization, from any claims that use of the Recordings or my User Content as authorized herein violates any of my rights, including without limitation any rights of publicity or privacy and intellectual property rights. I understand that I will not be entitled to any additional compensation for the permission and release granted herein or for the use of any of the Recordings or User Content as authorized herein.
- Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with any User Content you post to the Sites, and you are solely responsible for your conduct while using our Sites or Services.
You may only post or otherwise share User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s consent; or
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content.
- In addition, you will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell, resell or commercially use our Sites or Services;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Sites, except as expressly permitted by us or our licensors;
- Modify our Sites, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Sites;
- Use our Sites or Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Sites or Services or that could damage, disable, overburden or impair the functioning of our Sites or Services in any manner;
- Reverse engineer any aspect of our Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Sites;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Sites;
- Develop or use any applications that interact with our Sites without our prior written consent;
- Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- Bypass or ignore instructions contained in our robots.txt file; or
- Use our Sites or Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
- Enforcement of this Section 6 is solely at Arena’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 6 does not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.
- Ownership; Limited License
The Sites and the Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Arena or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Sites and the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Sites and Services for your own personal, noncommercial use, subject to additional terms that may apply to specific Services. Any use of the Sites or Services, other than as specifically authorized herein or in any applicable terms for such Services, without our prior written permission, is strictly prohibited, will terminate the license granted herein, and violate our intellectual property rights.
ARENA and our logos, our program or service names, our slogans and the look and feel of the Sites are trademarks of Arena and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Arena names or logos mentioned on the Sites are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Arena or our Sites or Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in Arena’s sole discretion. You understand that Arena may treat Feedback as nonconfidential.
- Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Sites infringes any copyright that you own or control, you may notify Arena’s designated agent as follows:
Designated Agent: Copyright Agent
Address: 611 Pennsylvania Ave SE #143, Washington, DC, 2003
Telephone Number: 347-395-3424
E-mail Address: email@example.com
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Sites is infringing, you may be liable to Arena for certain costs and damages.
- Third-Party Content, Products, and Sites.
We may provide information about third-party organizations, events, products, services, or activities, or we may allow third parties to make their content and information available on or through the Sites (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Arena does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Arena and its independent contractors, service providers, and consultants, successor organizations, and each of their respective officers, directors, agents, partners and employees (individually and collectively, the “Indemnified Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your User Content or Feedback; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your misconduct in connection with the Sites or the Services. You agree to promptly notify the Indemnified Parties of any third-party Claims, cooperate with the Indemnified Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Indemnified Parties will have control of the defense or settlement, at the Indemnified Party’s sole option, of any third-party Claims.
Your use of our Sites and Services is at your sole risk. Except as otherwise provided in a writing by us, our Sites and Services, and any related content or materials, are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Arena does not represent or warrant that our Sites or Services are accurate, complete, reliable, current or error-free. While Arena attempts to make your use of our Sites and Service and any related content or materials safe, we cannot and do not represent or warrant that our Sites or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Sites or Services.
- Limitation of Liability
To the fullest extent permitted by applicable law, Arena and its contractors, service providers, consultants, successor or partner organizations, and joint committee members, and each of their respective officers, directors, agents, and employees (collectively the “Arena Parties”), will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if such parties have been advised of the possibility of such damages.
The total liability of Arena and the other Arena Parties for any claim arising out of or relating to these Terms or our Sites or Services, regardless of the form of the action, is limited to the greater of $50 or the amount paid by you for the specific Services from which the claim arises.
- Governing Law and Venue
Any dispute arising from these Terms of from your use of the Sites or the Services will be governed by and construed and enforced in accordance with the laws of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties will be resolved in the state or federal courts of California and the United States, respectively, sitting in Los Angeles County, California.
- Modifying and Terminating our Sites or Services
We reserve the right to modify our Sites or Services or to suspend or stop providing all or portions of our Sites or Services at any time. You also have the right to stop using our Sites or Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Sites or Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure of Arena to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.