Sharks Sports & Entertainment - Wi-Fi Terms of Use

Sharks Sports & Entertainment LLC, and/or its affiliates, including without limitation San Jose Arena Management, LLC d/b/a SAP Center at San Jose and Sharks Ice, LLC, (collectively "SSE") is pleased to offer complimentary wireless networking access ("WiFi") to guests at SAP Center at San Jose and Sharks Ice facilities (the "Venue"). All WiFi users are governed by these WiFi Terms of Use (the "Terms"). Before using the WiFi, read the following Terms. By using the WiFi you acknowledge that have read and agreed to the Terms, and agree to be bound by them.

Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

Accepting the Terms

In order to use the WiFi, you must first agree to the Terms. You may not use the Services 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 SSE; or (B) by actually using the WiFi. In this case, you understand and agree that SSE will treat your use of the WiFI as acceptance of the Terms from that point onwards. You are not permitted to use the WiFi if you are not of legal age to form a binding contract with SSE.

Access to WiFi

WiFi at the Venue is complimentary and completely at the discretion of SSE. You are permitted to use the WiFi 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 WiFi.

Collection and Use of Information

You acknowledge that in order to optimally offer the WiFi to guests, SSE may automatically collect certain information, 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 WiFi, SSE 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 WiFi, SSE will also collect information regarding your access to and usage of the service. SSE may use this information for business purposes including but not limited to improving and enhancing the WiFi and gauging the effectiveness of the WiFi.

In addition, you acknowledge and agree that SSE may also disclose your information if SSE is required to do so by law or if SSE 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 SSE has with you; (c) to respond to claims that your use of the WiFi 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, SSE , its agents or its users.

For more information on how SSE may use your information in operating its websites, mobile applications, and other online services, please familiarize yourself with the SSE Privacy Policy available at https://www.nhl.com/sharks/team/privacy-policy.

Performance of the WiFi

In order to use the WiFi, you must have a WiFi-capable device that (a) meets U.S. and other applicable technical standards; (b) is compatible with the WiFi; (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 WiFi wireless access points to achieve connectivity with the WiFi network. You acknowledge that the WiFi utilizes public, unlicensed radio-frequency spectrum. As such, the WiFi 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 WiFi network; (e) availability of electric power; (f) collocation failures; (g) transmission and equipment limitations, failures, maintenance or repair; and (h) user error. The WiFi may also be interrupted, refused, limited or curtailed for these or other reasons. SSE 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 WiFi will operate. Actual network speed and other performance will vary.

In order to maintain acceptable levels of service for all WiFi users and to improve this service, we reserve the right to monitor use of the WiFi and to make such adjustments to the use of such services as necessary to maximize the benefit and enjoyment for all WiFi users. Additionally, the WiFi service may use automated processes to monitor and scan communications over the WiFi 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 WiFi services. By using the WiFi, you acknowledge and consent to SSE's automated processing of your communications through the WiFi 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 WiFi network may be subject to interception by unauthorized third parties. Your use of the WiFi 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 WiFi. You are responsible for implementing your own security protections while using the WiFi. In the event you become aware of any unauthorized use of the WiFi or any other security breach, you agree to immediately notify us using the feedback form available at https://www.nhl.com/sharks/arena/sap-center-wifi. SSE expressly disclaims any responsibility or liability for your use of the WiFi and for any lack of security that may result from your use of the WiFi. You agree to hold SSE 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 SSE responsible in any way for any third party website content, the operation of any third party website accessed via the WiFi or for the appearance of any WiFi "watermark" over a portion of any website.

Acceptable Use

Use of the WiFi 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 WiFi. SSE reserves the right in its sole discretion to suspend, deny, restrict or terminate use of the WiFi if such use violates any of these guidelines, is objectionable or unlawful, interferes with the functioning of SSE's system or network or the Internet or use of thereof by others.

Illegal Use

The WiFi 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 Service to impersonate a person or entity is not permitted.

Prohibited Activities Using the WiFi

Any activity or use of the WiFi 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 any SSE operational providers or vendors, including without limitation Cablevision.

• Reselling or otherwise redistributing the WiFi.

• Disrupting any aspect of the WiFi through any means.

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

• Assuming or assigning an IP address that was not allocated to the user by Cablevision, Optimum WiFi, SSE or any of SSE's other operational vendors.

Network Management

SSE 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 non-subscribers 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 WiFi may not send any unsolicited bulk or commercial email or electronic communication including, but not limited to, instant messenger programs, IRC, Usenet, etc. 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 ("Spam"). SSE maintains a zero-tolerance policy on Spam and will take immediate action against users violating these Terms of Use.

The WiFi 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 WiFi and the user may not reference the WiFi in the header or by listing an IP address that belongs to the WiFi in any unsolicited communication even if that communication is not sent through the WiFi 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 on their network. Examples of abusable resources include but are not limited to: open news servers, open SMTP servers, insecure routers, wireless access and insecure proxy servers. Upon notification from SSE, 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 WiFi, regardless of whether the misuse was committed by the user or a third party with access to the user's device. SSE recommends that users implement appropriate measures to secure their systems and these measures may include 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

SSE 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 SSE's servers and network. SSE prefers to advise users of violations of these terms and any necessary corrective action but, if SSE, in its sole discretion, determines that a user has violated these Terms, SSE may take any responsive action that 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. SSE is not liable for any such responsive action and these actions are not exclusive. SSE may take any other legal or technical action it deems appropriate.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

SSE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER SSE, NOR ANY OF ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND OPERATIONAL OR PROMOTIONAL PROVIDERS, 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 (I) ANY FAILURE OR INTERRUPTION OF THE WIFI; OR (II) ANY OTHER CAUSE RELATING TO USER'S ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE WIFI;, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF SSE OR ANY VENDOR PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL SSE, ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AND OPERATIONAL OR PROMOTIONAL PROVIDERS 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 SSE, ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

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 WiFi, in SSE's sole discretion, in addition to any other legal remedies.

Indemnification

You agree to indemnify and hold harmless SSE, its parents, partners affiliates, subsidiaries, members, directors, officers, employees, agents, and operational or promotional providers, from and against all liabilities, claims, damages and expenses, including attorney's fees, arising out of your use of the WiFi, or 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 California, excluding its conflicts of law rules. Any dispute arising out of or relating to these Terms or your access or use of the WiFi will be subject to the exclusive jurisdiction of the courts located within the state of California, 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 WiFi and these Terms

You agree that SSE may for any reason, and without notice to you, modify or terminate the WiFi 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.

No Waiver

The failure of SSE 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 SSE.