PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN YOUR RIGHTS UNDER THE EVENT (DEFINED BELOW) TICKET TO USE THE SERVICE (DEFINED BELOW) AND CONTAIN A BINDING INDIVIDUAL ARBITRATION CONSENT AND CLASS-ACTION WAIVER PROVISION BY WHICH YOU GIVE UP THE RIGHT TO FILE A LAWSUIT IN COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION WITH RESPECT TO ANY DISPUTES RELATING TO YOUR USE OF THE SERVICE.
This Agreement sets out the terms and conditions on which wireless internet access (the “Service”) is provided free of charge by Las Vegas Grand Prix, Inc. (the “Promoter”) while you attend the FORMULA1 HEINEKEN SILVER LAS VEGAS GRAND PRIX (the “Event”).
The insecure nature and ease of connection to public WiFi networks increases the risk that unauthorized parties can access your device over the Service network. By using the Service, you acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet, whether the connection is facilitated through wired or wireless technology. Security issues include, without limitation, interception of transmissions, loss of data, and the introduction or viruses and other programs that can corrupt or damage your computer. You voluntarily assume all such risks by using the Service.
The Promoter may revise this Agreement at any time. You must accept this Agreement each time you use the Service and it is your responsibility to review it for any changes each time.
We reserve the right at all times to withdraw the Service, change the specifications or manner of use of the Service, to change access codes, usernames, passwords or other security information necessary to access the Service.
IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING CHANGES THERETO, DO NOT ACCESS OR USE THE SERVICE.
As a condition of using the Service, you acknowledge:
- that the Service may not be uninterrupted or error-free;
- that the Service may not meet your requirements;
- that your device may be exposed to viruses or other harmful applications through the Service;
- that the Promoter does not guarantee the security of the Service and that unauthorized third parties may access your device or files or otherwise monitor your connection;
- that the Promoter’s ability to provide the Service without charge is based on the limited warranty, disclaimer and limitation of liability specified in this Section and it would require a substantial charge if any of these provisions were unenforceable;
The Service and any products or services provided on or in connection with the Service are provided on an “as is”, “as available” basis without warranties of any kind. All warranties, conditions, representations, indemnities and guarantees with respect to the content or Service and the operation, capacity, speed, functionality, qualifications, or capabilities of the Services, goods or personnel resources provided hereunder, whether express or implied, arising by law, custom, prior oral or written statements by the Promoter, or otherwise (including, but not limited to any warranty of satisfactory quality, merchantability, fitness for particular purpose, title and non-infringement) are hereby overridden, excluded and disclaimed.
2. ACCEPTABLE USE OF THE SERVICE
- You must not use the Service to access Internet Services, or send or receive e-mails, which:
- ~are defamatory, threatening, intimidating or which could be classed as harassment;
- ~contain obscene, profane or abusive language or material;
- ~contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);
- ~contain offensive or derogatory images regarding sex, race, religion, color, origin, age, physical or mental disability, medical condition or sexual orientation;
- ~contain or transmit material which infringe Promoter’s or any third party’s rights (including intellectual property rights);
- ~in our reasonable opinion may adversely affect the manner in which we carry out our work;
- ~are bulk and/or commercial messages;
- ~contain forged or misrepresented message headers, whether in whole or in part, to mask the originator of the message;
- ~are activities that invade another’s privacy; or
- ~are otherwise unlawful or inappropriate, as determined in the Promoter’s sole and absolute discretion;
- Music, video, pictures, text and other content on the internet are copyright works and you should not download, alter, e-mail or otherwise use such content unless certain that the owner of such works has authorized its use by you.
- You must not use the Service to access illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.
- You must not use the Service to distribute viruses, trojan horses, malware or other destructive software.
- The Service is intended for Event attendees use only. Access to this Service must not be used for commercial activity.
- We may terminate or temporarily suspend the Service for any or no reason (including if we believe that you are in breach of any provisions of this Agreement (including but not limited to clauses 2(a)-(e) above)).
- We recommend that you do not use the Service to transmit or receive any confidential information or data and should you choose to do so you do so at your own risk.
3. CRIMINAL ACTIVITY
- You must not use the Service to engage in any activity that constitutes or is capable of constituting a criminal offence, either in the United States or in any country throughout the world.
- You agree and acknowledge that we may be required to provide assistance and information to law enforcement, governmental agencies and other authorities.
- You agree and acknowledge that we may monitor your activity while you use the Service and keep a log of the Internet Protocol (“IP”) addresses of any devices that access the Service, the times when they have accessed the Service and the activity associated with that IP address.
- You further agree we are entitled to cooperate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of such information as we have (whether pursuant to Section 3(b) or otherwise), and are entitled to provide by law, to law enforcement authorities or rights-holders.
4. OTHER TERMS
- Under no circumstances will the Promoter, the Event’s sanctioning bodies, the FIA (inclusive of any employee, representative, agent, or contractor acting on its behalf), Formula One World Championship Limited and its affiliates, including Formula One Marketing Limited, Formula One Licensing B.V., Formula One Asset Management Limited, Formula One Hospitality and Event Services Limited, Formula Motorsport Limited, persons involved in the organization of the Event (including officials, marshals, rescue and medical staff), the competitors and drivers, the owners and lessees of any property comprising the Event and racing grounds (including seating and hospitality areas), and Event sponsors and vendors (all such parties to include, where relevant, all directors, officers, partners, shareholders, members, managers, employees, agents, contractors and affiliated companies) (collectively, the “Promoter Parties”) be liable for direct, consequential, indirect, special, punitive or incidental damages, whether foreseeable or unforeseeable, based on your use of the Service (including, but not limited to, unauthorized access, damage, or theft of your system or data, claims for loss of goodwill, claims for loss of data, use of or reliance on the service, stoppage of other work or impairment of other assets, or damage caused to equipment or programs from any virus or other harmful application), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise.
- You agree that none of the Promoter Parties will assume any responsibility if information you transmit across using the Service is accessed, altered or corrupted. You also agree that none of the Promoter Parties will assume any responsibility for any unauthorized access to your device, or the introduction of any virus or other harmful code, that may result from your use of the Service.
- You agree to release, indemnify and hold harmless each of the Promoter Parties from and against any claims, liabilities, losses, damages, costs, or expenses (including without limitation reasonable attorney’s fees) arising out of or related to your use of the Service, any materials downloaded or uploaded through the Service, any actions taken by you in connection with your use of the Service, any violation of any third party’s rights or any violation of law or regulation, or any breach of this agreement. This Section will not be construed to limit or exclude any other claims or remedies that the Promoter may assert under this Agreement or by law.
- This Agreement shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between you and Promoter.
- No failure by the Promoter to exercise or any delay in exercising any right, power or remedy by the Promoter operates as a waiver of such right. A single or partial exercise of any right, power or remedy by the Promoter does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the Promoter unless made in writing.
- If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement.
- Nothing contained in this Agreement shall waive or impede the Promoter’s right to comply with law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by the Promoter with respect to such use. This Agreement constitutes the complete and entire statement of all terms, conditions and representations of the agreement between you and the Promoter with respect to its subject matter and supersedes all prior writings or understanding.
- PLEASE READ THIS SECTION CAREFULLY – IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. ANY DISPUTE OR CLAIM IN ANY WAY RELATED TO THIS AGREEMENT AND/OR YOUR USE OF THE SERVCE SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, BINDING ARBITRATION BEFORE JAMS IN LAS VEGAS, NEVADA PURSUANT TO ITS STREAMLINED RULES. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS APPLYING NEVADA SUBSTANTIVE LAW WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES OR THE RESIDENCY OF THE PARTIES. YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO A COURT OR JURY TRIAL AND ANY RIGHT TO ASSERT ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF YOU DO NOT CONSENT TO THIS CLAUSE, YOU MUST NOT USE THE SERVICE. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.