Terms of Service
Effective date September 1, 2020
Chelsea Piers L.P. and its subsidiary and affiliated companies (collectively, "Chelsea Piers", "we", "our" or "us") maintain websites, mobile apps, and other services, products, related software, and/or or mobile or tablet applications relating to our Chelsea Piers offerings (collectively, our "Services").
TABLE OF CONTENTS
- Permitted Uses. We grant you a limited revocable license to use our Services for your own personal, non-commercial use only, subject to certain rules and limitations. In certain instances, Chelsea Piers may offer Fee-Based Products to commercial establishments.
- Access to and Availability of Online Services. Your use of our Services is subject to various restrictions designed to protect our Services and its users. We may change or discontinue our Services in whole or in part at any time.
- Registration, Passwords, Unauthorized Use of Your Account and Sharing of Social Features. You will provide true, accurate and current information if you establish an account with us. Our Services may include a social network. Your activities with our Services (including interaction with other members, advertisers, videos viewed or audio accessed) may be shared with others.
- Digital Items, Credits, Fee-Based Products and Subscription Agreement. Any digital items and credits are provided subject to a limited revocable license to you for certain virtual goods and game play, and have no cash value. In addition, your use of our subscription services, otherwise referred to as "Fee-Based Products", is subject to the terms and conditions in our Subscription Agreement.
- Wireless and Location-Based Features; Social Media Plug-Ins. Wireless carrier charges may apply to your use of our Services via wireless networks or devices and geo-location details.
- Your Conduct and Acceptable Use. Your use of our Services is subject to our rules regarding acceptable conduct and practices.
- Monitoring. We may, but have no obligation to, monitor your use of our Services.
- User Content; Grant of Limited License. You grant us a broad license to any content that you post on our Services and you bear all responsibility for all such content. No confidential or fiduciary relationship is created by your posting on our Services.
- Merchants. We are not responsible for your business dealings with merchants accessible through, or advertising on, our Services.
- Children's Online Privacy Protection Act Notification. Our Services are not designed or intended for use by children and will be subject to parental controls.
- Disclaimer of Warranties. We disclaim all warranties and provide our Services "As- Is."
- Exclusion of Damages. You agree that you are entitled to no damages for any claims related to your use of our Services, except as set out below.
- Limitation of Liability; Applicability of Disclaimers; Exclusions and Limits. Our liability to you is limited.
- We are Not Responsible For Third-Party Websites and Content. We are not responsible for third parties or their content, advertisement(s), apps or sites, even if they are linked from or included within our Services.
- Indemnification. You agree to indemnify us for material posted by you or through your account.
- Infringement Policy. You may not post content you do not own or control or otherwise have the right to post, and we encourage you to report any infringing activity you identify on our Services.
- Links By You To Our Services. You may link to our Services, subject to some basic conditions.
- Binding Arbitration of All Disputes; No Class Relief. You agree to arbitrate and waive jury trial and class actions.
- Dispute Resolution for Non-U.S. Residents Only if a Tribunal Has Ruled That Arbitration is Prohibited by Law. Non-U.S. citizens agree to an alternative procedure for dispute resolution if a tribunal rules that arbitration is prohibited by law.
- Member Disputes. You are solely responsible for your communications with members or visitors to our Services.
- Notice for California Users. Residents of California are entitled to specific consumer rights information.
- Terms Applicable for Apple iOS. There are some other things you should know if you are accessing or using our Services through an Apple device.
- Subscription Agreement.
Non-commercial Use. Your use of our Services is limited solely to your personal and non-commercial use.
Commercial Establishments. If you intend to gain any commercial benefit from the ability to access or use the Services, you are prohibited from using the Services except in certain instances where Chelsea Piers explicitly offers a Fee-Based Product(s) for commercial establishments (see more on this below).
You intend to gain commercial benefit from the ability to access or use the Services as reasonably determined by us, including, but not limited to, if:
- You are a commercial establishment, such as a gym, restaurant pub, club or bar.
- You charge, or allow others to charge, a direct or indirect admission fee for entry to the establishment
- You exploit, or allow others to exploit, sponsorships or commercial rights of association in connection with your establishment.
- You stage additional commercial activities in relation to the ability to access or use the Services that are separate from those activities that your establishment is reasonably expected to operate in its ordinary course of business.
You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device (each a "Device") or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) any copyright, trademark, or other proprietary notices marked on our Services or Content, (ii) any digital rights management mechanism or other content protection or access control measure associated with our Services or Content, or (iii) any advertisement on our Services and/or within Content. The foregoing shall apply to you regardless of the method in which Chelsea Piers makes Content available to you, including via a widget, embedded player or any other technology that may allow you to embed or stream Content on or to another site.
You may use your account to access a maximum of one (1) stream of Content at any time across all of your Devices. Except as set forth herein, simultaneous access to multiple streams of Content by a single account holder is strictly prohibited. Note to Commercial Establishments: If you are permitted to subscribe to a Fee-Based Product for commercial establishments, you are allowed to purchase one (1) subscription for each Device within your establishment for which you intend to access, view, and stream the Services.
You may not either directly or through the use of any Device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit our Services or Content unless expressly permitted by Chelsea Piers in advance in writing. You may not incorporate Content into, or stream or retransmit the Content via, any hardware or software application or make our Services or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Content or Services with any third party content, materials or branding. You may not use any software robot, spider, crawler, or other data gathering or extraction tool, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate Content or any portion of our Services. (See Section 21 below for terms applicable to use of links to our Services.) You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on our Services or its servers and infrastructures. You may not build a business on, in whole or in part, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing, any portion of our Services or Content, whether or not for profit (notwithstanding that you may access, view, and stream the Services via a permitted Fee-Based Product for commercial establishments) .
You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
You may not do, nor authorize to be done, anything which, in our opinion, may give rise to the belief that you are in any way officially associated with Chelsea Piers, the Content, or the Services (for example, as a sponsor, supplier or similar).
Access to and Availability of Services
Chelsea Piers may change, suspend or discontinue any aspect of our Services at any time (and any elements and features of them), in whole or in part, for any reason, in our sole discretion, without notice or liability, including pursuant to Section 19 below.
You are responsible for any charges incurred in obtaining access to our Services.
Registration, Passwords, Unauthorized Use of Your Account, and Sharing of Social Features
If you establish an account with Chelsea Piers, you agree to provide true, accurate and current information in connection with that account. Any usernames and passwords used for our Services are for individual use only. You are solely responsible for maintaining the security and confidentiality of the password you use to access your account. You agree to immediately notify Chelsea Piers of any unauthorized use of your password or account or any other breach of security. You understand and agree that our Services may include a social network and your activities (e.g., video viewing, interactions with members and/or advertisers) may be shared with others both on and off our Services. If you don't want your activities on such social network to be shared, your only option is to deactivate the related social network account.
Digital Items, Credits, Fee-Based Products and Subscription Agreement.
Your use of our Fee-Based Products (as defined in our Subscription Agreement) is subject to the terms and conditions of our Subscription Agreement, which terms and conditions are incorporated herein.
At other times, we may offer you digital items or credits for non-Fee Based Products. Purchases of digital items (including credits, points, and/or virtual currency or any virtual items made available on the online services) are nonrefundable, have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right to use, even if such came with a durational term.
We do not recognize the transfer of digital items or credits (including for "real" money or any other consideration or items of value whether inside or outside of the online services). Accordingly, you may not purchase, sell, barter, or trade any digital items or credits, or offer to purchase, sell, or trade any digital items or credits. Any such attempted transfer will be null and void.
Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your digital items or credits, which remain our Content. We may also immediately suspended or terminate the rights we grant you to digital items or credits for any or no reason, in our sole discretion, and without advance notice or liability. We may modify digital items or credits at our sole discretion, and such modifications may make the digital items or credits more or less common, valuable, effective, or functional.
If we suspend or terminate any digital items or credits, then you will forfeit the suspended or terminated items, except as may be set forth in any additional terms (such as any refund policies that may apply to Fee-Based Product(s)). Likewise, except as may be set forth in any additional terms or as required by applicable law, we are not responsible for repairing or replacing the same, or providing you any credit or refund or any other sum, in the event of our modification of any digital items or credits, or for loss or damage due to error, or any other reason.
Wireless and Location-Based Features; Social Media Plug-ins
Wireless Features. Our Services may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access our Services' features and upload content to our Services, receive messages from our Services, and download applications to your wireless Device (collectively, "Wireless Features"). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. We have no responsibility or liability for any fees or charges you incur when using Wireless Features. You should check with your carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your carrier with any other questions regarding these issues.
In addition, where any Mobile App collects precise information about the location of your Devices, it will be used to provide requested location services, and, depending on the particular Mobile App, it may be used, amongst other uses, to allow tagging or to check-in.
Some Mobile App(s) or feature(s) allow for you to disable location-based features or manage preferences related to them. However, you can terminate Device location tracking by us by uninstalling any Mobile App(s) or feature(s). The location-based services offered in connection with our Mobile App(s) or feature(s) are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.
Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter and Google Plus (among others) may be integrated on our Services. Where our Services contain a plug-in to a social network, these are clearly marked (e.g. with a Facebook button). If you choose to click on one of these buttons or links, your browser connects directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account the social network receives the information that the web page was used by you. If you interact with a social network plug-in (e.g., you press the Facebook "Like" feature, the Twitter "Tweet this" feature, Google Plus "1+" button, or equivalent) or drop a comment on the appropriate web page, the corresponding information is directly transmitted to the relevant social network from your browser. If you are not registered with the social network or you are logged out before you visit our Services, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media platform, plug-in, etc., then you may be enabling us to have ongoing access to certain information from your social network profile (such as your name, social networking id page, e-mail address, photo, gender, location, the people/sites you follow, etc.).
Your Conduct and Acceptable Use
The following rules are a condition of your use of and access to our Services. You are responsible for the content of your communications (including User Content (as defined in Section 10)) via our Services.
- No Interference. You may not interfere with any other user's ability to use or enjoy our Services.
- No Bullying. You may not use our Services to threaten, abuse, harass, or invade the privacy of any third party.
- Content Posted by You Must be Yours. You may not upload, post, transmit or otherwise distribute or facilitate the distribution of content that is fraudulent or infringes the rights of any third party, including, without limitation, patent, trademark, copyright, right of publicity or other proprietary rights.
- Your Materials Must Be Lawful and Appropriate. You may not upload, post or otherwise distribute or facilitate the distribution of any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate information of any kind, including, without limitation, any images or other material of a sexual nature.
- Don't Damage Our Services or Servers. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of our Services, or to obtain unauthorized access to our Services or Content or any data or other information of any third party.
- No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to our Services or use our Services, Content or any information contained therein for any unlawful purpose. Chelsea Piers, in its sole and absolute discretion, shall determine whether any content you transmit or receive or your use of our Services violates this provision.
- No Collection of Personal Information from Other Users. You may not collect information about other users of our Services or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation.
- Be Yourself. You may not impersonate or falsely state or otherwise misrepresent your professional or other affiliation with any other person or entity.
- No Criminal or Unlawful Conduct. You may not use our Services, Content or any information contained therein for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offense or give rise to civil liability. You may not use any of our Services in connection with any site or other use that contains or is associated with information or content prohibited by this section.
We may require, at any time, proof that you are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to our Services or seeking other legal or equitable remedies, once we become aware of any violation of these provisions.
User Content; Grant of Limited License
Reviews, responses, profile entries, posts or questions may not be able to be deleted once uploaded. For some features of our Services, other members may be able to request e-mail notifications of your new public content or publish their own comments to your comments. We may use the public content to develop aggregate ratings, personalize site views, market products or identify or feature popular members.
No Rights Created by Submission and No Payment for User Content. Your User Content will not be acknowledged or returned. You acknowledge and agree that your User Content is being sent voluntarily by you, and not in confidence, and that no confidential relationship is intended or created between Chelsea Piers, and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of User Content. You also agree that Chelsea Piers does not intend and will not pay you for any User Content. You understand that no industry custom or practice changes your agreement that you will not be paid for any User Content.
Use of Name and Likeness. By posting User Content on our Services, you consent to the recording, use and reuse by Chelsea Piers, its licensees, successors and assigns, of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your User Content, as used, edited, altered, fictionalized or modified by Chelsea Piers, in its sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with Chelsea Piers, our Services or related sites and services, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity.
Idea Submissions Prohibited. Chelsea Piers does not accept unsolicited submissions for motion pictures, television programs, websites, articles, streaming video, e-books, or other products or services. Therefore, please do not make any such unsolicited submissions to Chelsea Piers through our Services, including posts on any third party social network or website, or by e-mail, text message or any other means. However, if you decide to make any such unsolicited submission, you hereby grant to Chelsea Piers the right and license to the submission as if it were User Content as specifically set forth above. In addition, Chelsea Piers retains all of the rights held by members of the general public with regard to your unsolicited ideas and materials. Chelsea Piers' receipt of your unsolicited ideas and materials is not an admission by Chelsea Piers of their novelty, priority, or originality, and it does not impair Chelsea Piers' right to contest existing or future intellectual property rights relating to your unsolicited ideas and materials.
Your correspondence or business dealings with, or participation in promotions of, merchants found on or through our Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. Chelsea Piers will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on our Services.
Children's Online Privacy Protection Act Notification
Our Services are not designed or intended for use by people under the age of 16.
Pursuant to 47 U.S.C. Section 230(d), as amended, Chelsea Piers hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
Disclaimer of Warranties
While Chelsea Piers uses reasonable efforts to include current information on our Services, Chelsea Piers makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.
WE PROVIDE OUR SERVICES ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Chelsea Piers, ITS PARENT, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE "Chelsea Piers PARTIES") DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE Chelsea Piers PARTIES DO NOT WARRANT THAT OUR SERVICES, OR YOUR ACCESS TO OR USE OF OUR SERVICES WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. THE Chelsea Piers PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OUR SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVERS THAT MAKE SUCH SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE Chelsea Piers PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON OUR SERVICES OR ANY WEB SITES LINKED THERETO IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE Chelsea Piers PARTIES MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT ON OUR SERVICES OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE Chelsea Piers PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF OUR SERVICES OR ANY OTHER SERVICES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Exclusion of Damages
NONE OF THE Chelsea Piers PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR OUR OTHER SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF Chelsea Piers OR ANOTHER Chelsea Piers PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE Chelsea Piers PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE OR OUR OTHER SERVICES. WITHOUT LIMITING THE FOREGOING, THE Chelsea Piers PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH SECTION 4 ABOVE (REGISTRATION, PASSWORDS, UNAUTHORIZED USE OF YOUR ACCOUNT, AND SHARING OF SOCIAL FEATURES) OR (2) CONTENT POSTED TO THIS SITE OR OUR OTHER SERVICES BY YOU OR ANY THIRD PARTY.
Limitation of Liability; Applicability of Disclaimers, Exclusions and Limits
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, Chelsea Piers PARTIES' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU. THIS PARAGRAPH WILL ONLY APPLY IF AN ARBITRATOR WITH APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE.
Chelsea Piers Is Not Responsible for Third-Party Websites and Content
For your convenience, our Services may provide links to websites of other persons or entities ("Third-Party Websites"). HOWEVER, SUCH THIRD-PARTY WEBSITES ARE NOT CONTROLLED BY Chelsea Piers. ACCORDINGLY, Chelsea Piers (i) MAKES NO WARRANTIES OR OTHER AGREEMENTS REGARDING SUCH THIRD-PARTY WEBSITES, (ii) HAS NO RESPONSIBILITY FOR THE CONTENTS OF SUCH THIRD-PARTY WEBSITES, AND (iii) WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY WEBSITES. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK. THE INCLUSION OF A LINK TO A THIRD-PARTY WEBSITE IN OUR SERVICES DOES NOT IMPLY AN ENDORSEMENT BY Chelsea Piers. PLEASE UNDERSTAND THAT IF YOU VISIT THIRD-PARTY WEBSITES THEN YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE SITES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE SITES.
Reservation of Rights
Chelsea Piers reserves the right to modify or discontinue, temporarily or permanently, all or any part of our Services and/or any software, facility or service, with or without notice, and/or to establish general guidelines and limitations on their use.
Chelsea Piers respects the intellectual property of others, and we ask our users to do the same. Our Services and materials incorporated by Chelsea Piers therein are protected by copyrights, patents, trade secrets or other proprietary rights. Some of the characters, logos or other images incorporated by Chelsea Piers in our Services are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Chelsea Piers or others.
Chelsea Piers, pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use our Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Chelsea Piers accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, must include the following information:
- Your name, address, telephone number, and e-mail address;
- A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our Services are covered by a single notification, a representative list of such works. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials;
- Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Chelsea Piers to locate the material;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
- A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
Links by You to Our Services
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to our Services, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on your website do not suggest any affiliation with or endorsement by Chelsea Piers or cause any other confusion regarding your relationship to Chelsea Piers or its affiliates or to our Services, (c) the link opens in a new browser window and links to the full version of the applicable Services web page; and (d) the links and the content on your website do not portray Chelsea Piers or its affiliates or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Chelsea Piers. Chelsea Piers reserves the right to suspend or prohibit linking to our Services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
Binding Arbitration of All Disputes; No Class Relief
This Section 25 is deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and Chelsea Piers agree that we intend that this Section 25 satisfies the "writing" requirement of the Federal Arbitration Act. This Section 25 can only be amended by mutual agreement. For non-U.S. residents, if binding arbitration is adjudged by a tribunal to be unenforceable, the provisions of Section 26 below shall apply to all relevant disputes between you and us.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us.
Dispute Resolution for Non-U.S. Residents Only if a Tribunal has Ruled that Arbitration is Prohibited by Law
This Section 26 applies to non-U.S. residents only, where applicable law prohibits arbitration of disputes in accordance with Section 26 above.
For a period of sixty (60) days from the date of receipt of notice from the other party, Chelsea Piers and you will engage in a dialogue in order to attempt to resolve the Section 26 Dispute, though nothing will require either you or Chelsea Piers to resolve the Section 26 Dispute on terms with respect to which you and Chelsea Piers, in each of our sole discretion, are not comfortable.
The parties agree that the state or federal courts in the State of New York shall have non-exclusive jurisdiction of any Section 26 Dispute.
Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A SECTION 26 DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 26(A) ABOVE WITHIN ONE (1) YEAR AFTER THE SECTION 26 DISPUTE ARISES, OR IT WILL BE FOREVER BARRED.
Injunctive Relief. The foregoing provisions of this Section 26 will not apply to any legal action taken by Chelsea Piers to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to our Services, any Content, your User Content and/or Chelsea Piers' intellectual property rights, Chelsea Piers' operations, and/or Chelsea Piers' products or services.
You are solely responsible for any interaction with other members or visitors to our Services, and Chelsea Piers reserves the right, but shall have no obligation, to monitor disputes between you and any other user of our Services.
Notice to California Users
Under California Civil Code Section 1789.3, California users of our Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
- Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software. All internet service provider, mobile service, and other services needed to access our Services, and all charges related thereto, are your sole responsibility.
Terms Applicable For Apple iOS
- You acknowledge that Chelsea Piers, and not Apple, is responsible for providing our Services and any Content therein.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to our Services.
- To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our Services.
- Further, you agree that if our Services, or your possession and use of our Services, infringes a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claims.
- When using our Services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with our Services.
Health Disclaimer and Release.
Certain Chelsea Piers Services and/or Content may contain athletic, health, nutritional, and/or fitness information or encourage users to participate in physical activities (collectively, the "Fitness Content"). For purposes of this Health Disclaimer and Release, "Fitness Content User" shall collectively refer to you and any children or minor(s) using the Fitness Content under your supervision.
Participation in any physical activity portrayed in the Fitness Content may involve strength, flexibility, aerobic, cardio and other exercises, including the use of equipment, all of which can be hazardous and increase the risk of physical injury to any Fitness Content User. You acknowledge that you accept full responsibility over the location where you engage in such physical activity, and that Chelsea Piers has no control over the location that you choose, and that the location of participation in fitness activities involves additional risks, including, but not limited to, those caused by terrain, facilities, temperature, weather, environment, vehicular traffic, lack of hydration and actions of other people.
THE FITNESS CONTENT IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY, AND IS NOT INTENDED TO DIAGNOSE, TREAT, OR PREVENT ANY MEDICAL CONDITION OR TO REPLACE THE FITNESS CONTENT USERS' HEALTHCARE PROVIDER. NOTHING STATED OR POSTED WITHIN THE FITNESS CONTENT OR SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. CONSULT WITH A PHYSICIAN OR HEALTHCARE PROVIDER BEFORE PARTICIPATING IN ANY FITNESS CONTENT. FITNESS CONTENT USERS SHOULD NOT RELY ON THE FITNESS CONTENT AS A SUBSTITUTE FOR, NOR DOES THE FITNESS CONTENT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. NEVER DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL OR HEALTH-RELATED ADVICE FROM A HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING SEEN, HEARD, OR READ IN CONNECTION WITH THE FITNESS CONTENT, THE SERVICES, OR THIS HEALTH DISCLAIMER. THE USE OF INFORMATION PROVIDED THROUGH THE FITNESS CONTENT IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE. IF YOU OR ANY FITNESS CONTENT USER(S) EXPERIENCE ANY PAIN OR DIFFICULTY WITH ANY ASPECT OF PHYSICAL ACTIVITY RELATING TO THE FITNESS CONTENT, STOP AND CONSULT YOUR HEALTHCARE PROVIDER RIGHT AWAY.
THE FITNESS CONTENT AND SERVICES ARE CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, Chelsea Piers MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT ANY HEALTH, FITNESS AND NUTRITIONAL INFORMATION THAT MAY BE INCLUDED IN THE FITNESS CONTENT. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED IN THE FITNESS CONTENT WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
By accessing or using the Fitness Content, you expressly acknowledge and agree to all of the following:
- You understand that participating in any health, nutritional, exercise, or fitness activity or program (including those depicted in the Fitness Content) may increase the risk of injury or death to you or the Fitness Content User(s);
- That you and/or the Fitness Content User(s) are in good health and do not suffer from any illness, impairment, disease or other condition that would prevent participation in the Fitness Content, performing any exercises, or using any equipment;
- You understand that the level of the Fitness Content User's participation in the Fitness Content must be determined by you, in consultation with the Fitness Content User's physician, and that you are solely responsible for the intensity of the Fitness Content User's participation;
- You understand that by making the Fitness Content available, neither Chelsea Piers or anyone else is undertaking any responsibility regarding the medical condition(s) of you or any Fitness Content User. If the medical condition of you or a Fitness Content User should change, you understand that it is your responsibility to discontinue the use of the Fitness Content and to immediately consult with a physician about continuing or resuming participation in the Fitness Content;
- You understand there are inherent risks of property damage, bodily injury, or death associated with participating in any health, nutritional, exercise, or fitness activity or program (including those depicted in the Fitness Content) and you voluntarily assume any and all such risks associated with the use of the Fitness Content by you or any Fitness Content User;
- You, individually and on behalf of any Fitness Content User, knowingly and voluntarily release, indemnify and hold harmless Chelsea Piers, its respective directors, officers, parents, subsidiaries, affiliates, agents and anyone involved in the creation of the Fitness Content from any and all claims, demands, causes of action, costs, or expenses (included attorney's fees), including, without limitation, any losses for property damage, personal injury, or death, arising from or relating in any way to the use of the Fitness Content, or the participation in any activities depicted therein, by you or any Fitness Content User.
Chelsea Piers reserves the right to cancel or suspend your access to the Fitness Content if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect
Chelsea Piers Play SUBSCRIPTION AGREEMENT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR FEE-BASED PRODUCTS AND OFFERINGS CAREFULLY.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR FEE-BASED PRODUCTS AND OFFERINGS CAREFULLY.
- Your Use of Fee-Based Products
In consideration for your payment, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Fee-Based Products that you subscribe to, during the applicable period of your subscription, provided that you comply fully with the provisions of this Subscription Agreement.
Non-commercial Use. Your use of our Fee-Based Products shall be limited solely to your personal and non-commercial use.
Commercial Establishments. If you intend to gain any commercial benefit from the ability to access, use and display the Fee-Based Products, you are prohibited from using the Services except in certain instances where Chelsea Piers explicitly offers Fee-Based Product(s) for commercial establishments (see more on this below).
You intend to gain commercial benefit from the ability to access or use the Services as reasonably determined by us, including, but not limited to, if:
You are a commercial establishment, such as a gym, restaurant pub, club or bar.
You charge, or allow others to charge, a direct or indirect admission fee for entry to the establishment.
You exploit, or allow others to exploit, sponsorships or commercial rights of association in connection with your establishment.
You stage additional commercial activities in relation to the ability to access or use the Services that are separate from those activities that your establishment is reasonably expected to operate in its ordinary course of business.
Chelsea Piers may offer Fee-Based Product(s) for commercial establishments via third parties or via this Site. You agree that if you intend to gain any commercial benefit from the ability to access or use the Services, you are limited to subscribing to Fee-Based Products offered to commercial establishments. Otherwise, your subscription to our Fee-Based Products (not explicitly offered to commercial establishments) is only valid for your personal, non-commercial use and any other use is strictly prohibited. Note: Renewal of any current subscription to Fee-Based Product(s) not for commercial establishments is and continues to be your violation of this Subscription Agreement.
Applicable to All Fee-Based Products. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, our Fee-Based Products. You understand that only you may use your user account and password, and that your subscription to our Fee-Based Products may not be shared with others. You agree to be financially responsible for all usage or activity of Fee-Based Products subscribed to by you. To subscribe to our Fee-Based Products, you represent that you are a U.S. citizen or resident with a valid U.S. mailing address.
By using our Fee-Based Products, you agree to be legally bound and to abide by this Subscription Agreement, just as if you had signed this Subscription Agreement. If you do not comply with this Subscription Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or access to our Fee-Based Products. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of our Fee-Based Products, including, but not limited to, (i) restricting the time a Fee-Based Product is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use any of our Fee-Based Products. You agree that any termination or cancellation of your access to, or use of, our Fee-Based Products may be effected without prior notice. If you do not abide by the terms of this Subscription Agreement, except as we may otherwise provide in writing from time to time, you agree that we may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our Services (or any part thereof) and/or our Fee-Based Products. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Fee-Based Products, except for a refund of any fees or charges prepaid by you with respect to our Fee-Based Products in accordance with Section 4 of this Subscription Agreement. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this Section 2 of this Subscription Agreement, or any of our policies or practices, including, without limitation, any change in content or any change in the amount or type of fees or charges associated with the Fee-Based Products, is to cancel or terminate your subscription or registered user account, as applicable.
From time to time, we may supplement this Subscription Agreement with additional terms and conditions pertaining to specific content, activities or events ("Additional Subscription Terms"). Such Additional Subscription Terms may be placed on the Fee-Based Products to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Subscription Terms are hereby incorporated by reference into this Subscription Agreement.
Charges and Fees for Fee-Based Products
Subscription Period. Your Chelsea Piers subscription to our Fee-Based Products will provide you access to all of the content you select for the period provided during sign-up ("Subscription Period").
Payment and Fees. You will be billed upfront for the cost of the full Subscription Period, in addition to any applicable taxes, transaction fees and other charges and fees incurred in order to access the Service. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") for payment. You may edit your Payment Method information in your Account page. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Billing Information. For purposes of your use of the Service, including identification and billing, you agree to provide the trusted third parties (listed on the Service at the time of payment) that we have retained to perform billing and subscription-related functions with true, accurate and complete information as required by the subscription or sign up process to the Service ("Subscription Data"), including your legal name, address, telephone number, e-mail address and applicable billing information (e.g., credit card number and expiration date), for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of this Subscription Agreement, if you provide material information that is untrue, inaccurate, or incomplete, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of the Service. You must check your Account page to determine whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data, including your billing information.
If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, you remain responsible for any uncollected amounts.
Price Increases. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice as contemplated in this Subscription Agreement and communicated to you through a posting on the Service or such other means as we may deem appropriate from time to time (including e-mail or conventional mail). Such price increases will be applied on a prospective basis and you will be notified about the increase. You have the right to terminate this Subscription Agreement within 30 days of such notice. After expiry of this notice period, the changes will become effective.
Automatic Renewal. By starting your subscription and providing or designating a payment method, you authorize us to charge your payment method at the start of your billing period and, where applicable, at the start of each renewal period, unless you terminate or cancel your subscription in accordance with Section 4 before the relevant renewal period begins.
Each time you are charged for your renewal, the renewal charge will be the same as the prior period's charge, unless (a) you were eligible for a discounted rate but are no longer eligible for that discounted rate, in which case your renewal charge will be in an amount equal to the then-current full term regular price for the product you subscribed to; or (b) we notify you in accordance with this Subscription Agreement in advance at the time of sign up or prior to the beginning of the renewal period that your renewal price will be changing.
We will notify you before the end of your subscription period that your subscription is expiring and we will provide you with the terms and conditions that will apply. If you do not cancel your subscription before the expiration of your then current subscription period, your subscription will be automatically renewed at the renewal price for the renewal period you were notified of.
In the event we cannot charge your account, we reserve the right to terminate your access to the Service.
Free Trials. Your subscription may start with a free trial. Chelsea Piers reserves the right, in its absolute discretion, to determine your free trial eligibility. If you purchased a subscription with a free trial period, you authorize us to charge your credit card or other account when the free trial period ends, unless you cancel your subscription before the free trial period ends. To find the end date of your free trial period or to cancel, visit your Account page on the Service.
Accuracy of Your Subscription Data. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on any of the Fee-Based Products.
If your registration or subscription is revoked for any reason, you agree not to register or subscribe to our Fee-Based Products using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new account(s) you have registered without any notice to you, or to exercise any other remedies available to us under this Subscription Agreement or by law.
You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your subscription until you update your Subscription Data. If your credit card expires, is cancelled, is lost or is subject to use without your authorization, access the Account Settings feature of our Services to update your Subscription Data. You are entirely responsible for any and all activities which occur under your user account.
Cancellation; and Refunds
Cancellation. You may cancel your subscription to our Fee-Based Product(s) at any time via the methods outlined below. However, the cancellation will take effect the day after the last day of the current Subscription Period and you will continue to have access to your Subscription until that date (unless otherwise noted). Therefore, if you cancel your subscription before the end of the Subscription Period, we will not refund any subscription fees already paid to us.
You can cancel your subscription via the following methods: Visit your Account page to cancel your subscription. You may also contact customer service via E-mail at email@example.com. We will attempt to process all cancellation requests within 72 hours after we receive your request. If you cancel near the end of your billing period and are inadvertently charged for the next period's fee, contact customer service to have the charges reversed.
We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect as set forth in Section 3 – Charges and Fees for Fee-Based Products.
No Refunds. Payments are non-refundable and there are no refunds or credits for partially used periods. Except as set forth below, you will continue to have access to your subscription through the end of your current Subscription Period following any cancellation.
Upon the expiration of your subscription to the Service, we may deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, the Service (or part thereof) except as we may otherwise provide in writing from time to time.
At any time, and for any reason, we may provide a refund, discount, or other consideration ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Availability of Fee-Based Products
The availability and use of our Fee-Based Products may be limited based on age, geographic location, commercial or non-commercial use, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to our Fee-Based Products or may terminate your subscription to our Fee-Based Products at any time based on these criteria.
Parental or Guardian Permission
Some of the Content on Fee-Based Products may not be appropriate for children. We strongly recommend that children between the ages of 13 and 18 ask for their parent's or guardian's permission before viewing our Fee-Based Products. INDIVIDUALS UNDER THE AGE OF 16 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED PRODUCTS.