A. Copyright Notice
You, the User, acknowledge that all content included on this App, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, "Content") and the arrangement and compilation of the Content are intellectual property and copyrighted works of StadiumVIPTM and the Service Providers. Reproduction or storage of information or works retrieved from this App, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code, or other applicable laws, and all applicable international copyright treaties and conventions, including without limitation, the Berne Convention and the Universal Copyright Convention.
B. Trademark Notice
"StadiumVIPTM" and "Grab-N-Go" and "m-Drink" and “Quickstore24” are registered service marks of StadiumVIPTM. Other product and company names identified on this App may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of StadiumVIPTM or a third-party. The use on this App of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party through this App, should not be construed as an endorsement or sponsorship of this App by any such third-party, or the participation by such third-party in the offering of goods, services or information through this App.
C. Acceptable Use/License
StadiumVIPTM grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access, download and use this App only as expressly permitted in this Agreement. Except for this limited license, we do not grant you any other rights or license with respect to this App; any rights or license not expressly granted herein are reserved. The content and information on this App (including, without limitation, price and availability of services or/and products or/and content), as well as the infrastructure used to provide such content and information, is proprietary to StadiumVIPTM and/or its Service Providers. Accordingly, as a condition of using this App, you agree not to use this App or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is unlawful or prohibited by this Agreement. While you may make limited copies of your order details (and related documents) for product or services purchased through this App, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this App. In addition, whether or not you have a commercial purpose, you agree not to:
- access, monitor or copy any content or information of this App using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of StadiumVIP™;
- violate the restrictions in any robot exclusion headers on this App or bypass or circumvent other measures employed to prevent or limit access to this App;
- take any action that imposes, or may impose, in the discretion of StadiumVIP™, an unreasonable or disproportionately large load on the StadiumVIP™ infrastructure;
- deep-link to any portion of this App (including, without limitation, the purchase path for any remote ordering/fulfillment services) for any purpose.
- deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the this App, or any postings which advocate illegal activity;
- deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
- deliver or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
- deliver or provide links to, any postings containing defamatory, false or libelous material.
- deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
- deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships;
- manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
- use this App in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this App or other users' computer or/and phone equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
- attempt to gain unauthorized access to this App, any related webApp, other accounts, computer system, or networks connected to this App, through hacking, password mining, or any other means; or
- obtain or attempt to obtain any materials or information through any means not intentionally made available through this App, including harvesting or otherwise collecting information about others such as email addresses.
You may only use this App to make legitimate orders, purchases or requests to purchase the products or services offered (each, a "Request") and shall not use this App to make any speculative, false or fraudulent Requests or any Requests in anticipation of demand. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this App. You agree to provide correct and true information in connection with your use of this App and you agree to promptly update your account information (if applicable) in order to keep it current, complete and accurate. It is a violation of law to place a Request in a false name or with an invalid method of payment. Please be aware that even if you do not give us your real name, your phone transmits a unique device identification number to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
StadiumVIPTM reserves the right to cancel any order of products (or/and services) or any other transaction that it reasonably believes to have been fraudulently made including, by unauthorized use of a credit or debit card.
D. Accounts, Security, Passwords
You have to register to utilize this App by completing the specified registration and activation process and providing us with current, complete, and accurate information as requested by the online (or in App) registration form. By filling out and submitting the form you are creating a StadiumVIPTM account that can be accessible by you in the future. It is your responsibility to maintain the currency, completeness and accuracy of your registration account data, and any loss caused by your failure to do so is your responsibility. Both the account activation and App download to your phone is provided to you by StadiumVIPTM free of charge. As part of the registration process, you will be asked to choose a security password. It is entirely your responsibility to maintain the confidentiality of your security password and your account. You agree to notify StadiumVIPTM immediately of any unauthorized use of your account. StadiumVIPTM is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.
E. Privacy Policy
You confirm that you have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by StadiumVIPTM and/or its Service Providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy. To the extent permitted by law, StadiumVIPTM makes no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. StadiumVIPTM will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Privacy Policy because of a security breach or technical malfunction.
F. Disclaimer of Warranties
ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS APP ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. STADIUMVIPTM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS APP OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS APP. TO THE FULLEST EXTENT PERMISSIBLE, STADIUMVIPTM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. STADIUMVIPTM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS APP WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS APP AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. STADIUMVIPTM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS APP FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
STADIUMVIPTM IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET OR PHONE CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF ORDERS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE (I) REGARDING THE ACCEPTANCE OF ANY REQUEST, (II) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS APP, (III) REGARDING THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THIS APP OR, WHERE APPLICABLE, AT ANY PARTICIPATING RETAILER OR RETAILER LOCATION, OR (IV) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS APP.
G. Minors
Persons under the age of 18 are not eligible to use any services on our App.
H. General Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL STADIUMVIPTM, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, PROVIDERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE APP AND ITS CONTENTS (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE APP; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE APP OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE APP; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS APP; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM OR PHONE CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS APP OR ANY APP TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE APP, ANY DELAY OR INABILITY TO USE THE APP, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE APP. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
FURTHER, THE SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COVERED PARTIES. TO THE EXTENT PERMITTED BY LAW, THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A SERVICE PROVIDER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A SERVICE PROVIDER, OR AN ACT OF GOD. FURTHER AND TO THE EXTENT PERMITTED BY LAW, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CAUSES BEYOND THE COVERED PARTIES' CONTROL. NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, FAILURE TO DELIVER SERVICES OR PRODUCT, OR ACTS OF ANY GOVERNMENTAL AUTHORITY.
No Covered Party shall be responsible for any Service Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Service Provider (including any liability in tort), as to any products and/or services available through this App. No Covered Party shall be responsible for any Service Provider's failure to comply with this Agreement nor for any Service Provider's failure to comply with applicable federal, state, provincial and local law.
If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this App, User agrees the liability of any such party shall in no event exceed the total charge to the User assessed by StadiumVIPTM for making a Request. Some states or jurisdictions, to the extent their law might be deemed to apply notwithstanding the selection of Connecticut law as described below, do not allow the limitation of liability, so the foregoing limitations might not apply to you.
I. Indemnification
You agree to defend and indemnify StadiumVIPTM and the Covered Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought (i) by you or on behalf of you in excess of the liability described above; or (ii) by third parties as a result of:
- your breach of this Agreement
- your violation of any law or the rights of a third party; or
- your use of this App in violation of this Agreement.
J. Third Parties
If you use this App to submit Requests for or on behalf of a third-party ("Third-party"), such as a family member or a friend or a companion, you are responsible for any error in the accuracy of information provided in connection with such use; including, but not limited to, the billing address and phone number of the credit card holder. These should match what is on file with their financial institution. In addition, you must inform the Third-party of all Terms and Conditions applicable to all products or services acquired through this App including all rules and restrictions applicable thereto. Each User using this App for or on behalf of a Third-party agrees to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party's or the User's failure to fulfill any of its obligations as described above. You are directly responsible for any Request submitted including for total charges and performance obligations.
K. User Comments, Feedback, and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to StadiumVIPTM in connection with your use of this App (collectively, "Comments"), shall be and remain the exclusive property of StadiumVIPTM and may be used by StadiumVIPTM in any medium in accordance with our Privacy Policy and you agree to execute any documents that may be necessary for such an assignment of rights. By providing your Comments to StadiumVIPTM, you are indicating your consent to StadiumVIPTM's use of your Comments. For example, your Comments could be used on this App and in radio, television, and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. The information and opinions expressed in Comments on this App are not necessarily those of StadiumVIPTM or its content providers, advertisers, sponsors, affiliated or related entities, and StadiumVIPTM makes no representations or warranties regarding any Comment. StadiumVIPTM does not represent or guarantee the truthfulness, accuracy, or reliability of any Comments or determine whether the Comments violate the rights of others. You acknowledge that any reliance on material posted by other Users will be at your own risk. StadiumVIPTM is not under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any Comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
L. Response to Requests
While StadiumVIPTM will use its good faith efforts to respond to Requests within the time periods indicated on this App, no guarantee is made that the status of your Request will be made available to you within the stated processing time. Neither StadiumVIPTM nor its Service Providers are responsible for any errors or delays in responding to a Request including, without limitation, error or delays in responding to a Request caused by an incorrect e-mail address or phone number or other data provided by you or other technical problems beyond their control.
M. Links to Other Web or Phone Apps and Services
To the extent this App contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. StadiumVIPTM does not monitor or control the linked sites or apps and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability, or availability of any of the content upload, displayed, or distributed, or products or services available at these sites or apps. If you choose to access any third-party sites or app, you do so at your own risk. The presence of a link to a third-party sites or app does not constitute or imply StadiumVIPTM's endorsement, sponsorship, or recommendation of the third-party, or of the content, products or services contained on, or available through, any such third-party site or app.
N. Modification/Termination of Usage
StadiumVIPTM reserves the right, in its sole discretion, to modify, suspend, or terminate this App and/or any portion thereof, including any service or product available through the App, and/or your profile, Account password, or use of the App, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, StadiumVIPTM shall not be liable to you or any third-party for any termination of your access to this App.
O. Pricing Errors
We endeavor to publish and maintain accurate prices, product item names, pictures and description, and information for the services we offer. Our Service Providers provide us with the price and other information related to these services. In the event, however, that a service is listed or provided to us at an incorrect price or with incorrect information due to typographical error or other error in pricing or service information received from our Service Providers, we retain the right to refuse or cancel any Requests placed for such service. We shall have the right to refuse or cancel any such Requests whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your Request is canceled because of incorrect Service Provider information, we will promptly issue a credit to your credit card account in the amount of the charge.
P. Electronic Notification
To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on this App, text message or electronic mail.
Q. International Use
Accessing materials on this App by certain persons in certain countries may not be lawful, and StadiumVIPTM makes no representation that materials on this App are appropriate or available for use in locations outside of the United States, other than in the Canada. If you are resident in a country other than the Canada, you must not transact business with this App.
R. Hyperlinks
Unless otherwise expressly permitted, web or phone Apps may not hyperlink to any page beyond the homepage of this App or frame this App or any web page or material herein, nor may any entity hyperlink any aspect of this App in an email for commercial purposes without the express written permission of StadiumVIPTM.
S. Miscellaneous
The captions in this Agreement are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of this Agreement.
This Agreement, and the related parts of this Agreement relating to each service represent the entire agreement between you and each Covered Party regarding your use of this App and supersede any prior statements, representations, or prior versions of these Terms and Conditions relating to the use of the App that were displayed on this App before. We reserve the right to modify, revise or update this Agreement from time to time by updating this posting. Your continued use of this App will be subject to the terms of this Agreement in effect at the time of your use. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located elsewhere on this App, which will be adequately brought to your attention. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. To the extent permitted by applicable law, the internal laws of the State of Connecticut shall govern the performance of this Agreement and you consent and submit to the exclusive jurisdiction of the state and federal courts located in Fairfield County, Connecticut, in all questions and controversies arising out of your use of this App and this Agreement. To the extent permitted by applicable law, any claim or cause of action arising from or relating to your use of this App and/or this Agreement must be brought within one (1) years from the date on which such claim or action arose or accrued. |