LAST UPDATED: January 20, 2023
1. Permitted Use of the Sites
2. Prohibited Use of the Sites
When you use the Sites, you may not:(i) modify, copy, display, republish or create derivative works based on the Sites; (ii) reverse engineer the Sites; (iii) access or use the Sites to build a competitive product or service, or copy any ideas, features, functions or graphics of the Sites; (iv) use the Sites in any way prohibited by applicable law or that would cause either party to violate applicable law including, but not limited to uploading, sending or storing: (1) spam or other duplicative or unsolicited messages; (2) infringing, obscene, threatening, libelous, or other unlawful material; (3) blocked services; or (4) viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs; (v) use the Sites to run automated queries to external websites; (vi) interfere with or disrupt the integrity or performance of the Sites or the data contained therein; (vii) attempt to gain unauthorized access to the Sites or their related systems or networks; (viii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Sites; (ix) perform penetration or load testing on the Sites; or (x) without the express prior written consent of X Games, conduct any public benchmarking or comparative study or analysis involving the Sites.
3. Content & Intellectual Property
All articles, text, hidden text within source code, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, music, sounds, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Sites is owned by X Games or its licensors, and is protected by U.S. and international intellectual property and proprietary rights and copyright laws.
All trademarks appearing on these Sites are the property of their respective owners, including, in some instances, X Games. Nothing contained on these Sites should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos owned by X Games or by any third party.
4. Feedback & User Content
Any feedback, suggestions, questions, comments, ideas, notes, concepts, and other similar information relating to the Sites or X Games that you provide to X Games (but excluding your PII) (collectively, “Feedback”) is deemed to be X Games’ proprietary information. X Games may use such Feedback for any purpose, including, but not limited to, improvement and modification of the Sites, and X Games shall own all rights, title and interest in and to the Feedback and such improvements and modifications.
You agree that you shall be solely responsible for any violations of any applicable laws and for any infringement of third-party rights caused by any Feedback, User Content, and PII that you provide or transmit to X Games.
5. Purchases; Other Terms and Conditions
All prices, discounts, and promotions posted on these Sites are subject to change without notice. X Games may, from time to time, offer promotions or other discounts on product purchases. X Games reserves the right to suspend any such promotions, update product information and change prices at any time without notice. Furthermore, X Games reserves the right to change, limit, refuse, or cancel any order you place at X Games' sole discretion. X Games strives to display accurate price information; however, the Sites may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. X Games reserves the right to correct any errors, inaccuracies, or omissions at any time, and to cancel any orders arising from such occurrences.
Terms of payment are within X Games’ or its third party vendor's sole discretion and, unless otherwise agreed in writing, payment must be received before X Games’ or its third party vendor's acceptance of an order. Currently, you may make purchases through the Sites conditioned upon your agreement that your method of payment and payment information are processed via Front Gate Tickets and Shopify, and therefore, X Games does not take responsibility for your payment information. Nonetheless, by entering into any transaction through the Sites, you warrant and represent that all information you provide is true, correct, and complete (including, without limitation, your credit card information and billing address); that any credit card transactions submitted by you are authorized; that charges incurred by you will be honored by your credit card company; that you will pay charges incurred by you at the posted prices; and that you are the legal holder of any credit card or payment account used to enter into any transaction through the Site.
If X Games determines, in its sole discretion, that you have engaged in an improper transaction, X Games reserves the right to immediately terminate any pending transactions, suspend your access to the Sites, and terminate all of X Games’ obligations hereunder.
If you have any questions or concerns, please send X Games an email at email firstname.lastname@example.org
7. Third-Party Content, Links and Services
The Sites may display content or tools provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase products or services (collectively, “Third-Party Content”). In consideration for the convenience of X Games making this Third-Party Content available or accessible to you, you acknowledge that X Games has not reviewed all of the Third-Party Content and that X Games is not responsible or liable for any such Third-Party Content, including, but not limited to, the privacy practices and data collection practices of third parties offering such Third-Party Content; you must contact the third party directly for any remedies that may be available to you. Without limiting the foregoing, X Games specifically disclaims any responsibility if such Third-Party Content: infringes any third party's intellectual property rights; is inaccurate, incomplete or misleading; is not merchantable or fit for a particular purpose; does not provide adequate security; contains viruses or other items of a destructive nature; or is libelous or defamatory. Please be aware that access to any Third-Party Content does not constitute an endorsement by X Games or any of its subsidiaries or affiliates of any third parties or Third-Party Content. Likewise, X Games is not the seller of products purchased from third parties offering Third-Party Content and is in no way responsible for shipping their products. X Games may from time to time engage certain affiliates or other third parties to provide all or part of the services to you, and you hereby acknowledge and agree that such third party participation is acceptable.
If X Games provides links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through X Games’ links, please note that the information you post, transmit, or otherwise make available on those websites may be viewed by the general public. X Games does not control User Content on social media homepages and is not responsible for any third-party use of your User Content that you have posted, transmitted, or otherwise made available there.
8. Monitoring; Copyright Complaints
X Games respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at email@example.com (mailto:firstname.lastname@example.org) with the email subject “DMCA Request”.
X GAMES DOES NOT PROMISE THAT THE SITES OR ANY CONTENT, PRODUCT, SERVICE OR FEATURE OF THE SITES WILL BE AVAILABLE, ERROR-FREE, OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITES WILL PROVIDE SPECIFIC RESULTS. THE SITES AND THEIR CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL INFORMATION PROVIDED ON THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE. X GAMES CANNOT ENSURE THAT THE SITES, INCLUDING, BUT NOT LIMITED TO, ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITES, WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. X GAMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. X GAMES DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITES AND ANY THIRD-PARTY CONTENT. YOUR SOLE REMEDY AGAINST X GAMES FOR DISSATISFACTION WITH THE SITES OR ANY CONTENT IS TO STOP USING THE SITES OR ANY SUCH CONTENT.
10. Applicable Law and Venue
THE SITES ARE INTENDED FOR ADULTS AGES 18 AND OVER. USERS UNDER 18 YEARS OLD ARE PROHIBITED FROM USING THE SITES FOR ANY PURPOSE. BY USING THESE SITES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE.
12. Limitation of Liability
The above limitation applies to your use, misuse, or reliance upon the Sites, including, without limitation, damages you may incur because of Third-Party Content advertised on, or linked to the Sites.
Any cause of action or claim you may have with respect to these Sites must be commenced within one (1) year after the claim or cause of action arises.
X Games reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without X Games’ prior written consent.
To the extent that any part of these Sites offers subscriptions to users, X Games reserves the right to cancel any such subscriptions at any time in its sole and absolute discretion, upon which time affected users shall be notified of such cancellation.
15. Notice; Electronic Communications.
When you visit the Sites or send e-mails to X Games, you are communicating with X Games electronically. You consent to receive communications from X Games electronically. X Games will communicate with you by e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures and other communications that X Games provides to you electronically satisfy any legal requirement that such communications be in writing.