Ultimate GaGa™ Website Terms and Conditions
Thank you for visiting the Ultimate GaGa™ website located at www.ultimategaga.com (the “Site”). The Site is an Internet property of Ultimate GaGa, LLC (“Ultimate GaGa™,” “we” or “us”). By and through the Site, Ultimate GaGa™: (a) advertises and promotes its indoor arena and other facilities (“Ultimate GaGa™ Arena”); (b) provides information to consumers regarding the Ultimate GaGa™ Arena including, but not limited to, various ways to utilize the Ultimate GaGa™ Arena and directions thereto (“Information Services”); (c) enables visitors to view the standings on the Ultimate GaGa™ Scoreboard (“Scoreboard Services”); (d) enables visitors to purchase Ultimate GaGa™ and third party products and services from the Site’s Pro Shop (“Pro Shop Services,” and together with the Information Services, Scoreboard Services and Pro Shop Services, the “Services”); and (e) enables consumers to enter into contests and promotions offered on the Site from time to time (“Contests”)By using and/or accessing the Site, Services and/or Contests, you agree to comply with and be bound by the following Terms and Conditions (“Terms and Conditions”). The Ultimate GaGa™ Privacy Policy (“Privacy Policy”), the Ultimate GaGa™ Arena Waiver and any and all other applicable Ultimate GaGa™ and/or third party sponsor Official Contest Rules, operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the complete terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Site in any manner or form
1. Acceptance of Agreement You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site. The Agreement constitutes the entire and only agreement between you and Ultimate GaGa™ with respect to your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, you hereby agree to comply with and are bound by all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.
2. Requirements. The Site is available only to individuals who can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18) years of age, you do not have permission to use and/or access the Site
3. Services. Other than the Pro Shop Services, the Services featured on the Site can be used by visitors without providing any personal information to Ultimate GaGa™. By completing the applicable purchase order forms (“Order Forms”) located in the Pro Shop, you can obtain, or attempt to obtain, products and/or services featured therein. The products and/or services featured in the Pro Shop contain descriptions that are provided directly by the manufacturers or distributors of such items. Ultimate GaGa™ does not represent or warrant that the descriptions of such items are accurate or complete. You understand and agree that Ultimate GaGa™ is not responsible or liable in any manner whatsoever for your inability to obtain products and/or services from the Pro Shop, or for any dispute between the product or service’s seller and you. You understand and agree that Ultimate GaGa™ shall not be liable to you or any third party for any claim in connection with the Pro Shop or any products and/or services offered therein.
4. Contests. From time-to-time, our Site offers promotional prizes and other awards via the Contests. By providing true and accurate information in connection with the applicable Contest registration form and agreeing to the Official Contest Rules applicable to each Contest, you can attempt to obtain the promotional prizes and other awards offered through each Contest. To enter into the Contests featured on the Site, you must first fully complete the applicable Entry Form. Currently, the Site is offering the “Free Birthday Party Contest.” The Entry Form associated with the Free Birthday Party Contest requires submission of the following information: (a) full name; (b) mailing address; (c) e-mail address; (d) telephone number; (e) number of children you have (optional); (f)the birth dates of your children; and (g) the gender of your children (collectively, the “Contest Registration Data”). You agree to provide true, accurate, current and complete Contest Registration Data. Ultimate GaGa™ has the right to reject any Contest Registration Data where it is determined, in the sole and exclusive discretion of Ultimate GaGa™, that: (i) you are in breach of any portion of the Agreement; and/or (b) the Contest Registration Data that you provided is incomplete, fraudulent, a duplicate or otherwise unacceptable. Ultimate GaGa™ may change the Registration Data criteria at any time, in its sole discretion.
Upon confirmation of your Contest Registration Data, your entry associated with the applicable Contest will be submitted. You do not need to rent out an Ultimate GaGa™ Arena, play in any Ultimate GaGa™ Arena games or make a purchase in the Pro Shop, in order to enter a Contest. Renting out the Ultimate GaGa™ Arena and/or obtaining products and/or services from the Pro Shop in no way increases your chances of winning any prizes offered in connection with a Contest.
The Agreement governs your use of the Site and ability to register for and enter the applicable Contest. To access the Official Contest Rules for the Free Birthday Party Contest Click Here.
Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that Ultimate GaGa™ is not responsible or liable in any manner whatsoever for your inability to use and/or qualify for the Contests and/or Ultimate GaGa™ sponsored products, services and/or any associated functionality. You understand and agree that Ultimate GaGa™ shall not be liable to you or any third party for any modification, suspension or discontinuation of any product, service or Contest offered by Ultimate GaGa™ or third party Contest sponsors, if any. If Ultimate GaGa™ terminates the Agreement, Ultimate GaGa™ shall have no liability or responsibility to you. You understand and agree that refusal to use the Site is your sole right and remedy with respect to any dispute with Ultimate GaGa™
5. Privacy Policy. Use of the Site, and all comments, feedback, information, Contest Registration Data or materials that you submit through or in association with the Order Forms or otherwise through the Site, is subject to our Privacy Policy. We reserve the right to use all information regarding your use of the Site, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy (provided, however, that we will never share any information pertaining to your children with any third parties other than where the information is subpoenaed, otherwise required pursuant to a legal proceedings or if Ultimate GaGa™ is sold or acquired). To view our Privacy Policy, Click Here.
6. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement. Ultimate GaGa™ may terminate this license at any time for any reason. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Site content or any portion thereof. Ultimate GaGa™ reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on Ultimate GaGa™ infrastructure. Your right to use the Site is not transferable.
7. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Contests and/or Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document, software, products, services or other materials viewed at or through the Site. Systematic retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Ultimate GaGa™ is prohibited. The posting of information or material on the Site by Ultimate GaGa™ does not constitute a waiver of any right in such information and/or materials.
8. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
9. Legal Warning. Any attempt by any individual, whether or not an Ultimate GaGa™ customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and Ultimate GaGa™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
10. Indemnification. You agree to indemnify and hold Ultimate GaGa™, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site and/or Services, purchase of any products and/or services from the Pro Shop and/or entry into any Contest; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Ultimate GaGa™, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
10. Disclaimer of Warranties. THE SITE, THE SERVICES, THE CONTESTS, ANY AWARD OR PRIZE THAT YOU MAY RECEIVE IN CONNECTION WITH A CONTEST, ANY PRODUCTS AND/OR SERVICES THAT YOU MAY OBTAIN FROM THE PRO SHOP AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, ULTIMATE GAGA™ MAKES NO WARRANTY THAT: (A) THE SITE, THE SERVICES, THE CONTESTS, ANY AWARD OR PRIZE THAT YOU MAY RECEIVE IN CONNECTION WITH A CONTEST, ANY PRODUCTS AND/OR SERVICES THAT YOU MAY OBTAIN FROM THE PRO SHOP AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE, THE SERVICES, THE CONTESTS, ANY AWARD OR PRIZE THAT YOU MAY RECEIVE IN CONNECTION WITH A CONTEST, ANY PRODUCTS AND/OR SERVICES THAT YOU MAY OBTAIN FROM THE PRO SHOP AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR THE CONTEST; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE SERVICES, THE CONTESTS, ANY AWARD OR PRIZE THAT YOU MAY RECEIVE IN CONNECTION WITH A CONTEST, ANY PRODUCTS AND/OR SERVICES THAT YOU MAY OBTAIN FROM THE PRO SHOP AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE. THE SITE, THE SERVICES, THE CONTESTS, ANY AWARD OR PRIZE THAT YOU MAY RECEIVE IN CONNECTION WITH A CONTEST, ANY PRODUCTS AND/OR SERVICES THAT YOU MAY OBTAIN FROM THE PRO SHOP AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ULTIMATE GAGA™ OR OTHERWISE THROUGH OR FROM THE SITE AND/OR THE CONTESTS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
11. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ULTIMATE GAGA™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ULTIMATE GAGA™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, THE SERVICES, THE CONTESTS, ANY AWARD OR PRIZE THAT YOU MAY RECEIVE IN CONNECTION WITH A CONTEST, ANY PRODUCTS AND/OR SERVICES THAT YOU MAY OBTAIN FROM THE PRO SHOP AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE; (C) THE FAILURE TO QUALIFY FOR A CONTEST, OR ANY DENIAL OF ASSOCIATED PRIZES OR AWARDS FROM SAME; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR CONTEST REGISTRATION DATA OR ORDER FORM DATA; AND (E) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICES, THE CONTESTS, ANY AWARD OR PRIZE THAT YOU MAY RECEIVE IN CONNECTION WITH A CONTEST, ANY PRODUCTS AND/OR SERVICES THAT YOU MAY OBTAIN FROM THE PRO SHOP AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE ULTIMATE GAGA™ AND ALL OF ULTIMATE GAGA™’S THIRD PARTY CONTEST SPONSORS, IF ANY, FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF ULTIMATE GAGA™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). YOU HEREBY RELEASE ULTIMATE GAGA™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ULTIMATE GAGA™. THE SITE, THE SERVICES, THE CONTESTS, ANY AWARD OR PRIZE THAT YOU MAY RECEIVE IN CONNECTION WITH A CONTEST, ANY PRODUCTS AND/OR SERVICES THAT YOU MAY OBTAIN FROM THE PRO SHOP AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
12. Third Party Websites. The Site may provide, third parties may provide and/or the Contest may refer you to, links to other Internet websites and/or resources. Because Ultimate GaGa™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that Ultimate GaGa™ is not responsible for the availability of such third party websites and/or resources. Furthermore, Ultimate GaGa™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
13. Miscellaneous. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Ultimate GaGa™ and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Ultimate GaGa™ incurs in seeking such relief. The Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Ultimate GaGa™ and governs your use of the Site and the Contests, superseding any and all prior and/or contemporaneous agreements between you and Ultimate GaGa™. To the extent that anything in or associated with the Site, the Contests and/or any Ultimate GaGa™ offering is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and Conditions and any Official Contest Rules, insofar as the applicable Contest is concerned, those Official Contest Rules shall govern. Notwithstanding the foregoing, Ultimate GaGa™ Arena Waiver governs your use of the Ultimate GaGa™ Arena. To the extent that there is any inconsistency between these Terms and Conditions and the Ultimate GaGa™ Arena, insofar as the Ultimate GaGa™ Arena is concerned, the Ultimate GaGa™ Arena Waiver shall govern. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
14. Contact US.If you have any questions regarding the Agreement, or would like more information from us, please contact us at lou@ultimategaga.com.
