terms

Thank you for visiting the Fighting Irish Pub Network online platforms, provided to you by Legends / JMI Rights Holders LLC, a Delaware limited liability company with an office at 61 Broadway, Suite 2400, New York, NY 10006 doing business as the Notre Dame Global Partnerships (“NDGP”) in collaboration with University of Notre Dame du Lac. This document sets forth the terms and conditions that apply to your use of our online platforms. If you do not accept these terms and conditions, do not use our online Platforms.

Terms of Use Agreement

The effective date of this Terms of Use Agreement (“Agreement”) is December 7, 2020. This version of the Agreement replaces and supersedes any prior terms of use applicable to the online platforms namely the website located at www.fightingirishpubnetwork.com and our related mobile application(s) (together “Online Platforms”).

The Online Platforms are operated by NDGP in collaboration with University of Notre Dame du Lac (“we”, “us” and “our”, as applicable). We and our affiliates, provide the Online Platforms and related services to you (the “user”, “you”, and “your”, as applicable), the user of the Online Platforms, only for your personal use and subject to your acceptance of and compliance with this Agreement. Please read the terms contained herein carefully before using our Online Platforms and/or the services associated therewith. Your use of our Online Platforms and the associated services confirms your unconditional acceptance of these terms and conditions.

Changes to this Agreement

1. We reserve the right, in our sole discretion, to revise this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through our Online Platforms. Your continued use of our Online Platforms and any related services following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using our Online Platforms if you do not agree to be bound by the revised terms and conditions. Privacy Information

2. By visiting or using our Online Platforms and their related services, contacting us through our Online Platforms or making submissions to our Online Platforms, you consent to our collection and use of personal information as discussed in our Privacy Policy, which is hereby incorporated into this Agreement. A copy of the Privacy Policy can be accessed here www.fightingirishpubnetwork.com/privacy. General Use and Online Platforms License

3. Our Online Platforms and their related services are intended only for use by those who are 21 years of age or older and of the age of majority in the jurisdiction in which they reside. If you are not 21 or older, and of the age of majority in the jurisdiction in which you reside, you cannot use our Online Platforms.

4. We grant you a limited, nonexclusive and revocable license to make use of our Online Platforms and related services, including on any devices you may own. You may view, copy, download or print materials from our Online Platforms for your own internal use. In this context, “internal use” does not include posting, uploading or otherwise publishing the materials to any other site absent our express written permission. This license does not include any rights not specifically enumerated herein. You agree to use our Online Platforms only for lawful purposes and in accordance with the terms and conditions contained herein.

5. Without altering the scope of the license, and except as expressly provided for in this Agreement, this license does not include the right (a) to modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell our Online Platforms or any of the content on our Online Platforms, including but not limited to our trademarks and copyrights and the trademarks and copyrights of our affiliates, or to make derivative use of our Online Platforms or their contents; (b) to use our Online Platforms or any of their contents for commercial solicitation purposes; (c) to bypass any technical measures used to prevent or restrict access to any portion of our Online Platforms; (d) to reverse engineer, decompile or disassemble our Online Platforms, or to convert into human readable form any of the contents of our Online Platforms not intended to be so read, including but not limited to using or directly viewing the underlying code for our Online Platforms except as interpreted and displayed in a web browser; (e) to use any data mining, robots, or similar automated data gathering and extraction tools to access our Online Platforms; (f) to violate or attempt to violate the security of our Online Platforms, (g) to interfere with or attempt to interfere with the proper working of our Online Platforms or otherwise engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Online Platforms, or which, as determined by us, may harm us or users of our Online Platforms or expose them to liability; (h) to alter or modify, or attempt to modify, any part of our Online Platforms; (i) to attempt to gain unauthorized access to any portion of our Online Platforms or any systems or networks connected to our Online Platforms through hacking, cracking, mining, phishing or any other means; or (j) to use reports, content, electronic documentation or other materials available on our Online Platforms to feed any downstream product, application or website.

6. You agree not to use our Online Platforms for any purpose that is unlawful or prohibited by this Agreement or to solicit the performance of any illegal activity, to stalk or harass other users of our Online Platforms, or to engage in any other activity which infringes our rights or the rights of any other third parties. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our Online Platforms or any systems or networks connected to our Online Platforms.

7. You acknowledge that your use of our Online Platforms is at our sole discretion, and your license to use our Online Platforms may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of our Online Platforms, to terminate any user’s account, and to alter or delete any material submitted to our Online Platforms through the user’s account. Following termination of this license, the terms of this Agreement shall still apply to the extent practicable.

Intellectual Property Rights

8. Unless otherwise noted, all content included on our Online Platforms, including images, illustrations, designs, icons, photographs, video clips, text and other material, belongs to us or our suppliers, licensors, talent, partners or affiliates and is protected by United States and International copyright laws. Any and all content on our Online Platforms is either our property or is used by us with the permission of its owner. The compilation of our Online Platforms is our exclusive property and is protected by United States and International copyright laws. You agree that you will not take any actions inconsistent with our ownership of our Online Platforms and the related content.

9. The trademarks, logos, and service marks displayed on our Online Platforms are owned by us and other third parties, and our Online Platforms’ trade dress is owned by us. All trademarks we do not own are the property of their respective owners, and, where we have used such trademarks, we have obtained permission for this use. Nothing contained on our Online Platforms may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. Our trademarks and/or trade dress may not be copied, imitated or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with our ownership of, or any third party’s ownership of, the trademarks and trade dress used on our Online Platforms.

10. Any unauthorized use of any content or materials on our Online Platforms is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

Your Account

11. Before you can make use of certain services associated with our Online Platforms, you may be required to register with our Online Platforms and create a user or employer account. You agree and warrant that all information you provide to us through our Online Platforms, including but not limited to any contact information and/or registration information for your account, is truthful and accurate. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your account information, including but not limited to any changes to your email address.

12. You agree to accept responsibility for all activities that occur under your account. You agree not to disclose your account password to others, and you agree to notify us immediately of any unauthorized use of your account. We are neither responsible for, nor liable, for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.

13. By creating an account with our Online Platforms, you consent to receive communications from us electronically via the Online Platforms (including push notifications to your mobile device) and the email address associated with your account. Although you can opt not to receive promotional messages, we retain the right to send you informational email messages about your account or administrative notices regarding our Online Platforms, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.).

14. You are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading or transferring emails associated with such account).

Submission of Content and User Activity

15. From time to time, we may make available on our Online Platforms certain services, features or sections that allow users to post or upload materials to our Online Platforms and/or to our servers. You understand that all information, communications, data, text, software, music, sound, photographs, graphics, videos, user created Fighting Irish or University of Notre Dame related messages or content published or posted to social media accounts, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through our Online Platforms or any associated services.

16. We may also provide you services, features, and/or sections that allow users to post or upload links to materials, content, information, communications, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials posted on other websites and domains publicly transmitted (“Non User Content”).

17. You represent and warrant that you own or otherwise control all the rights to any Content that you upload, transmit or otherwise make available through our Online Platforms; that use of the Content you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of the Content you provide will not cause injury to any person or entity. In line with, and without limiting, the foregoing, you specifically agree that you will not (a) provide any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic or obscene material; (c) provide any Content that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) provide any Content that contains software viruses or other harmful devices; or (e) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you provide. You agree that you will indemnify us or our affiliates for all claims resulting from or related to Content you post or submit.

18. You grant the following license with respect to any and all Content you post or submit to our Online Platforms: you hereby expressly grant us a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense or otherwise distribute and display the Content and any ideas, concepts, know-how or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium or technology now known or later developed, without restriction and without compensation of any kind to you, and you waive all moral rights in all such Content. For informational purposes, we note that the uses to which we may put the information or Content you provide include, but are not limited to, reproduction and use in any and all media whether now known or hereafter devised; publication of the Content or a derivative thereof for promotional, marketing and advertising purposes, and use in the development and manufacture of products.

19. You understand that by using our Online Platforms, you may be exposed to Content and Non-User Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via our Online Platforms.

20. The opinions expressed in postings or other Content or Non-User Content on our Online Platforms are not necessarily our opinions or the opinions of our advertisers, sponsors, affiliated or related entities. We make no representations or warranties regarding any information or opinions posted to or otherwise included on or transmitted through our Online Platforms. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Content or Non-User Content or determine whether the Content or Non-User Content violates the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.

21. We are not obligated to regularly review, monitor, delete or edit the Content or Non-User Content of our Online Platforms as submitted by users. However, we reserve the right to do so at any time in our sole discretion, for any reason or no reason, and to edit or delete any posting or submission, in whole or in part, with or without notice. We are not responsible or liable for damages of any kind arising from any Content or Non-User Content, or from our alteration or deletion of any Content or Non-User Content, even when we are advised of the possibility of such damages.

22. You acknowledge, consent and agree that we may access, preserve and disclose your account information and any Content you submit if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect our rights, property, or personal safety and the rights, property, or personal safety of our affiliates, personnel, other users and the public.

Online Platform Promotions

23. We are not responsible for typographical or other errors or omissions regarding products, services prices or other information provided on our Online Platforms. All product and/or service sales and promotions are subject to the terms of this Agreement, in addition to any other terms that may apply. Promotional offers and prices are available for a limited time as specified on our Online Platforms. Prices, promotions and availability are subject to change without prior notice.

Links to Third Party Sites

24. Our Online Platforms may contain links to third-party websites or other resources, which we may have no direct control and all of which may have their own set of rules and guidelines for usage of their sites and services. We have not reviewed the accuracy of the content of any linked third party site. No endorsement of any such linked third party site is made, either express or implied. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource. Use of such links is at your own risk.

Disclaimer of Warranties; Indemnification; Resolution of Disputes

25. We provide our Online Platforms and the associated goods and services in connection with one or more affiliated companies and third party agents. Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify us, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies and agents.

26. OUR ONLINE PLATFORMS, THEIR CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR ONLINE PLATFORMS, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON OUR ONLINE PLATFORMS, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT OUR ONLINE PLATFORMS AND/OR THEIR CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON OUR ONLINE PLATFORMS. WE DO NOT WARRANT THAT OUR ONLINE PLATFORMS WILL OPERATE ERROR-FREE OR THAT OUR ONLINE PLATFORMS AND THE RELATED SERVER(S) ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED. IF YOUR USE OF OUR ONLINE PLATFORMS AND OF THE CONTENT CONTAINED THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.

27. BY USING OUR ONLINE PLATFORMS, YOU ACKNOWLEDGE THAT YOUR USE OF OUR ONLINE PLATFORMS, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH OUR ONLINE PLATFORMS, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. WE DO NOT WARRANT OR GUARANTEE THAT OUR SERVICES WILL PROVIDE ANY DESIRED RESULT, THAT OUR ONLINE PLATFORMS, SERVERS OR EMAILS SENT BY US OR ON OUR BEHALF ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, WE DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF OUR ONLINE PLATFORMS, NOR THAT ALL COMMUNICATIONS BETWEEN US AND YOU OR BETWEEN YOU AND ANY OTHER USER OF OUR ONLINE PLATFORMS, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.

28. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE OUR ONLINE PLATFORMS OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF OUR ONLINE PLATFORMS, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM OUR ONLINE PLATFORMS, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON OUR COMPUTERS AND/OR SERVERS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF OUR SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF OUR PARENT, SUBSIDIARIES OR AFFILIATES — WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY — ARISING OUT OF OR RELATING TO THE USE OF OUR ONLINE PLATFORMS EXCEED THE GREATER OF $50.00 OR THE TOTAL AMOUNT YOU PAID TO US TO ACCESS OUR SERVICES AND/OR OUR ONLINE PLATFORMS WITHIN THE PRECEDING THREE MONTHS.

29. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

30. You agree to indemnify, defend, and hold harmless, NDGP and the University of Notre Dame du Lac, our subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of our Online Platforms and the services provided in connection with our Online Platforms, or your breach of any provision of this Agreement or any warranty provided hereunder.

31. You agree that if you are dissatisfied with our Online Platforms or any services offered in connection with our Online Platforms, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against us with respect to this Agreement or our Online Platforms, your sole and exclusive remedy is to discontinue using our Online Platforms and any services offered in connection with our Online Platforms.

32. Our Online Platforms is created and maintained by us in the State of Indiana. You agree that the laws of Indiana, without giving effect to any principles of conflicts of laws, will govern this Agreement and any dispute of any sort that may arise between you and us and/or our affiliates.

33. Regardless of where you access our Online Platforms, you agree that any action or proceeding arising out of this Agreement or your use of our Online Platforms and/or services, whether at law or in equity, must be brought in the state or federal courts located in St Joseph County, Indiana and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts.

34. You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.

General Information

35. This Agreement represents the entire understanding between the parties regarding your use of our Online Platforms, and supersedes all other agreements, express or implied, between them. This Agreement shall not be modified except as provided for herein or except in writing, signed by an authorized representative of NDGP. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement. Our failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of our rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement.

36. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

37. Any rights not expressly granted herein are reserved.

Contact Information

If you have any questions or suggestions regarding these terms and conditions, please contact us at: NDFIPN-list@nd.edu