TERMS OF USE

LAST UPDATED: January 20, 2023

These Terms and Conditions of Use (the “Terms of Use”) apply to the websites owned or operated by Sports Content Creation, LLC dba the X Games (“X Games”) currently located at www.xgames.com and shop.xgames.com (collectively, the “Sites”).

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING THE SITES, YOU HAVE AGREED, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS THAT MAY APPLY. THIS CONTRACT IS LEGALLY ENFORCEABLE CONTRACT. If you do not agree with these Terms of Use, please do not access the Sites

X Games reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time, consistent with applicable law. It is your responsibility to check these Terms of Use periodically for changes. X Games will post a notification on these Sites if these Terms of Use materially change. Such changes, whether in the form of modifications, additions, or deletions, shall become effective when specified in the relevant notification. If you do not agree to the changes, do not continue to access these Sites after the date they become effective. Your continued access of the Sites following the posting of changes will mean that you accept and agree to the changes.

1. Permitted Use of the Sites

As long as you comply with these Terms of Use, X Games grants you a non-exclusive, non-transferable, limited, revocable right and license to access and make personal 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.

These Sites may contain interactive features that allow users to post, submit, publish, display, or transmit content and materials, including, but not limited to, photos, videos, other creative transmissions (“User Content”). All User Content must comply with the standards set out in these Terms of Use. By providing any User Content on these Sites, you hereby grant to X Games and its affiliates, and each of their respective licensees, successors, and assigns a non-exclusive, irrevocable, unrestricted, perpetual, transferable, worldwide and royalty-free and fully paid-up right and license to use, reproduce, modify, perform, display, distribute, and otherwise exploit the User Content for any purpose. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted above to X Games and its affiliates, and each of their respective licensees, successors, and assigns. X Games is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site. X Games reserves the right to block or remove communications or materials that it determines to be unacceptable to X Games in its sole discretion.

The terms “Feedback” and “User Content” do not include any personally identifiable information, such as your name, e-mail address, physical address, and phone number(s) (collectively, “PII”) that you may provide to X Games, and which is subject to the privacy standards set forth in X Games’ Privacy Policy. To access parts of these Sites or some of the resources it offers, you may be asked to provide certain information, including, but not limited to, PII. It is a condition of your use of these Sites that all the information you provide on these Sites, including, but not limited to, PII, is correct, current and complete.

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

Additional terms and conditions may apply to purchases of goods or services (including from third party vendors) and to specific portions or features of the Sites, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Sites or for any goods or service offered on or through the Sites (including terms and conditions of third party vendors), the latter terms shall control with respect to your use of that portion of the Sites or the specific goods or service.

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.

By agreeing to the Terms of Use, you consent that the payment processing services for products purchased on these Sites are processed via Front Gate Tickets or Shopify.

If you have any questions or concerns, please send X Games an email at email info@xgames.com

6. Privacy Policy

X Games’ Privacy Policy applies to use of these Sites, and its terms are made a part of these Terms of Use by this reference. You can view X Games’ Privacy Policy here. Additionally, by using the Sites, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Sites may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

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

You agree that X Games has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in X Games’ sole discretion, any Material and Content anywhere on these Sites. Notwithstanding this right, X Games does not and cannot review all Materials, User Content, PII, and Feedback submitted to these Sites. If notified, X Games may investigate an allegation that content transmitted to X Games is in violation of these Terms of Use, and X Games will determine whether to have the communication removed. However, X Games is under no obligation to remove content and assumes no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of these Sites, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.

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 info@xgames.com (mailto:info@xgames.com) with the email subject “DMCA Request”.

9. Disclaimers

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.

The parties acknowledge that the disclaimers of warranties set forth in this Section are an essential element of these Terms of Use, and the parties would not have entered into these Terms of Use without such disclaimers of warranties. Notwithstanding the foregoing, certain jurisdictions limit disclaimers of warranties. In such jurisdictions, you may have additional legal rights, and the provisions of these Terms of Use will remain in effect to the fullest extent permitted by law.

10. Applicable Law and Venue

By using the Sites you irrevocably consent to the application of the laws of the state of New York, without regard to its conflicts of laws provisions, to govern any and all disputes with X Games related to these Terms of Use. Subject to the injunctive relief terms set forth herein, you also irrevocably consent to the exclusive venue of the courts of New York, New York. If you access the Sites from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

11. Children

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

UNDER NO CIRCUMSTANCES ARE X GAMES, ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, LICENSORS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES OR THEIR CONTENT, LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORESEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION AND SERVICES AVAILABLE ON THE SITES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF USE OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF X GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT SHALL THE AGGREGATE LIABILITY OF X GAMES, ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, LICENSORS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES OR THEIR CONTENT, REGARDLESS OF THE BASIS OR THEORY OF ANY CLAIM, EXCEED $1,000.

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.

The parties acknowledge that the limitation of liability set forth in this Section is essential elements of these Terms of Use between the parties, and the parties would not have entered into these Terms of Use without such limitation of liability and release. Notwithstanding the foregoing, certain jurisdictions limit limitations of liability. In such jurisdictions, you may have additional legal rights, and the provisions of these Terms of Service will remain in effect to the fullest extent permitted by law.

13. Indemnity

You agree to defend, indemnify, and hold harmless X Games and its affiliates and their officers, directors, employees, consultants, agents, licensors, and suppliers from and against any and all claims, losses, expenses, liabilities, settlements, litigation, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Sites, including, but not limited to, any Materials or User Content, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Sites or any other person accessing the Sites using your internet account, including, but not limited to, any Materials or User Content, or (iii) any actual or alleged infringement by you of any intellectual property or privacy or other right of any third party.

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.

14. Termination

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.

You agree that X Games reserves the right, without prejudice to its other rights, to suspend or terminate your use of the Sites at any time where X Games has determined, in its sole discretion that the use of the Sites by you is, or was, in breach of these Terms of Use. ACCORDINGLY, IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO X GAMES AND WITHOUT ANY LIABILITY WHATSOEVER, X GAMES AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT ACCESS YOUR ACCESS TO THE SITE.

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.

16. Miscellaneous.

You agree that any violation by you of these Terms of Use may constitute an unlawful and unfair business practice and cause irreparable harm to X Games, for which monetary damages would be inadequate, and you consent to X Games obtaining any injunctive or equitable relief that X Games deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies X Games may have at law or in equity. X Games’ failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. X Games may assign its rights and duties under these Terms of Use to any party at any time without notice to you and without your express consent. You will not assign any of your rights or delegate any of your obligations under these Terms of Use without X Games’ prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use. If any provision of these Terms of Use is held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Sections 1, 2, 3, 4, 6, 7, 8, 9, 10, 12, 13, 15, and 16 shall survive any termination of these Terms of Use. These Terms of Use, together with X Games’ Privacy Policy constitute the entire agreement between the parties pertaining to the subject matter hereof and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.

If you have any questions or comments regarding these Terms of Use, X Games’ Privacy Policy, or these Sites, please feel free to contact X Games by e-mail at info@xgames.com.