Terms & Conditions
This website https://thegameday.myshopify.com/ (the “Website”) is owned and operated by Horizon Media, Ltd. d/b/a The Game Day (“The Game Day Store” or “we” or “our” or “us”).
Website features and other products and services are provided to you (“you”) when you visit or shop at the Website or use our products or services, or use our applications for mobile, or use software provided by or for us in connection with any of the foregoing, including to register, respond to surveys, communicate with us or receive communications from us (collectively, the "Web Properties"). The Services are subject to the following Terms and Conditions.
By using any of the Web Properties, you agree to these Terms. Please read them carefully. They include important information about your legal rights, remedies, and obligations. By accessing or using the Web Properties, you are entering into a legal contract regarding your use of the Web Properties. By accessing or using the Web Properties, you agree to be bound by the Terms and all additional terms incorporated by reference. If you do not agree to any portion of these Terms, you should not access or otherwise use any of the Web Properties.
These Terms are not applicable to any other web pages, applications, software, products or services operated, owned and/or offered by any entity other than
The Game Day Shop, as operator of the Website, including, but not limited to thegameday.myshopify.com/. Users of the foregoing excluded web pages, applications, software, products or services or other resources should refer to the terms and conditions in effect for the applicable owner, operator or offeror.
Efforts will be made to update this web page with any changes we make to these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the bottom of these Terms).
- CONVENIENCE AND INFORMATION ONLY.
The Web Properties are provided to you as a convenience and for your information only. By merely providing access to the Web Properties, The Game Day Shop and its third party service providers who assist us in providing payment processing services, operating our Web Properties, conducting our business, or servicing you do not warrant or represent that:(a) any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Web Properties (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) there is any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Web Properties will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Web Properties is accurate or complete.
- WEB PROPERTIES USE AND CONTENT.
(a) Subject to your compliance with these Terms, you have a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Web Properties. You may view, copy or print a single copy of any page from the Web Properties solely for personal, non-commercial purposes if you include the following copyright notice: “© 2022 The Game Day Shop. All Rights Reserved.” This right and license does not include any resale or commercial use of any of the Web Properties or any Content (defined below), any collection and use of any product listings, descriptions, or prices; any derivative use of Web Properties or any Content; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
(b) The Web Properties pages and materials may contain other copyright and proprietary rights notices and in no event may you remove, modify, or alter these notices. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Web Properties without the express, prior, written consent of The Game Day Shop. Changes may be made to the Web Properties and/or to the services described in these Terms at any time and without further notice to you.
- USER ACCOUNT, PASSWORD AND SECURITY.
When and if User Accounts are used in connection with the Web Properties, the following shall apply.
(a) USER ACCOUNT. For certain types of features available through the Web Properties, the use of encryption technologies are provided for your protection and/or your use of a UserID and password after setting up a User Account. Reasonable precautions will be used to protect the privacy of your UserID, password and User Account information. You, however, are ultimately responsible for protecting your UserID, password and User Account information from access by third parties, and where made available to you, you are not permitted to circumvent the use of required encryption technologies, if any. You agree to (i) immediately notify The Game Day Shop of any unauthorized use of your UserID, password or User Account, or any other breach of security involving your UserID, password or User Account, and (ii) ensure that you exit from your User Account at the end of each session on any Web Properties. While certain encryption technologies are provided and other reasonable precautions are taken to protect your confidential information and provide reasonable security, we and The Game Day do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
(b) ACCURATE INFORMATION. In creating and using your User Account for use on the Web Properties, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required for the Web Properties (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if The Game Day Shop has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
(c) NON-TRANSFERABILITY OF USER ACCOUNT. Your User Account and UserID is non-transferable, and you are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Properties with your UserID and password.
(d) ADULT USE ONLY. We may sell products for children, but we sell them only to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Web Properties only with involvement of a parent or guardian.
(e) USER CONDUCT. When using the Website, you shall not post or send to or from either the Website: (a) content for which you have not obtained all necessary consents; (b) content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where the Website is being used; (c) content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data. We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to the Website in breach of this Section. You shall not use our Website while distracted or preoccupied, such as when operating a motor vehicle. You should access the Website only with due regard for your own safety and the safety of others.
- ELECTRONIC COMMUNICATIONS.
When you use any of the Web Properties, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on or through the Web Properties. You agree that all agreements, notices, disclosures, and other communications that we or The Game Day Shop provide to you electronically satisfy any legal requirement that such communications be in writing.
By submitting a telephone number to us you agree that a representative of The Game Day Shop can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any products and/or services.
- PRODUCT DESCRIPTIONS.
The Game Say Shop attempts to be as accurate as possible with product and other content on the Web Properties. We don’t warrant that product or other content on any of the Web Properties is accurate, complete, reliable, current, or error-free. If a product or service offered on the Web Properties itself is not as described, your sole remedy is to return it in unused condition.
(a) NO WARRANTIES. When using the Web Properties, information will be transmitted in such a way that may be outside the control of The Game Day Shop. As such, no warranty is made concerning the delay, failure, interruption, or corruption of any data, the Content, or other information transmitted in connection with the use of the Web Properties. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB PROPERTIES IS AT YOUR SOLE RISK. THE WEB PROPERTIES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO REPRESENTATIONS OR WARRANTIES ARE MADE THAT THE WEB PROPERTIES, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB PROPERTIES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON OR THROUGH THE WEB PROPERTIES, OR THE SERVERS USED IN CONNECTION WITH THE WEB PROPERTIES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. THERE IS NO GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB PROPERTIES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THERE WILL BE ADEQUATE CAPACITY FOR THE WEB PROPERTIES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. NO REPRESENTATION OR WARRANTY IS MADE REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE WEB PROPERTIES. THE ENTIRE LIABILITY OF THE GAME DAY SHOP AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEB PROPERTIES WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY SUCH PRODUCTS OR SERVICES FOUND TO BE INADEQUATE.
(b) INDEMNIFICATION. You agree to defend, indemnify and hold harmless, The Game Day Shop and its directors, officers, employees and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by The Game Day Shop, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.
- LIMITATION OF LIABILITY.
IN NO EVENT WILL THE GAME DAY SHOP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB PROPERTIES AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEB PROPERTIES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB PROPERTIES, ANY CONTENT AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEB PROPERTIES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR INTERRUPTION IN ITS USE OR AVAILABILITY.
THE GAME DAY SHOP SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED THE AMOUNT YOU ACTUALLY PAID TO THE GAME DAY SHOP FOR GOODS OR SERVICES THROUGH THE WEB PROPERTIES IN THE PRIOR SIX (6) MONTHS, IF ANYTHING. THE GAME DAY SHOP IS NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE CAUSED BY YOUR USE OR MISUSE OF THE WEB PROPERTIES AND/OR THE CONTENT. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE LIABILITY OF THE GAME DAY SHOP WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
- THIRD PARTY CONTENT.
(a) Links to Third Parties. Hyperlinks to other websites maintained by third parties may be provided, or third party content on the Web Properties may be provided by framing or other methods (collectively, “Third Party Content”). In addition, the Web Properties may include certain applications, features, programs and services provided by third parties (collectively, the “Third Party Applications”). Third Party Content and Third Party Applications are not monitored by The Game Day Shop and no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications is or can be made. The links to third party websites, any Third Party Content and any Third Party Applications are provided for your convenience and information only. If you decide to access any of the third party websites linked to the Web Properties, any Third Party Content, and/or any Third Party Application, you do so entirely at your own risk. The content on any linked website or in any Third Party Application is not under The Game Day Shop's control and, just as with Web Properties, The Game Day Shop is not responsible for the content of linked websites and/or Third Party Applications, including any further links contained in a third party website. No representations or warranties are made in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided “as is.” Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider of such Third Party Applications as may be provided to you in connection therewith, and by accessing such Third Party Application, you agree to fully comply with all such additional terms, conditions and agreements.
(b) Links from Third Parties. If a third party links or refers to the Web Properties, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership of that third party or its website or application by or with The Game Day Shop. In most cases, we are not even aware that a third party has linked or refers to the Web Properties. A third party website or application that links or refers to the Web Properties: (i) may link or refer to, but not replicate, the Content; (ii) may not create a browser, border environment or frame the Content; (iii) may not imply that The Game Day Shop is endorsing it or its products or services; (iv) may not misrepresent its relationship with The Game Day Shop; (v) may not present false or misleading information about the products or services offered on the Web Properties; (vi) should not include content that could be construed as distasteful, offensive or controversial; (vii) should contain only Content that is appropriate for all age groups; and (viii) should not knowingly collect information from children without first complying with all applicable laws, rules and regulations. If you decide to access any of the third party websites or applications that link to the Web Properties, you do so entirely at your own risk.
- INTELLECTUAL PROPERTY.
(a) Ownership of Content. The Content of the Web Properties, including but not limited to graphics, audio clips, video clips, and editorial content, is intellectual property owned, controlled and/or licensed by The Game Day Shop. All applicable intellectual property laws, including copyright laws, protect The Game Day Shop's rights in and to the Content. No portion of the Content may be reproduced in any form or by any means, except as provided in Section 2 of these Terms.
(b) Ownership of Trademarks, Service Marks, Logos. The trademarks, service marks and logos used and displayed on the Web Properties are either (i) The Game Day Shop's, or its subsidiaries’ or affiliates’, or (ii) registered and unregistered trademarks of another party. The Game Day Shop is the copyright owner or authorized licensee of all text and all graphics contained on the Web Properties. All trademarks and service marks of The Game Day Shop, or its subsidiaries or affiliates, that may be referred to on the Web Properties are the property of The Game Day Shop, or one of its subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Web Properties are the property of their respective owners.
(c) No License or Right to Use. Nothing on the Web Properties should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of The Game Day Shop's, or its subsidiaries’, affiliates’ or licensors’ trademarks, service marks or copyrights without The Game Day Shop's prior written permission. The Game Day Shop aggressively enforces its intellectual property rights. Neither the name of The Game Day Shop, its subsidiaries, affiliates or licensors’, nor any of their respective other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Properties or otherwise, without prior written permission of the owner of such marks, except that a third party website that desires to link to the Web Properties and that complies with the requirements of Paragraph 6(b) above may use the names “The Game Day Shop” or “TGD Shop” in or as part of that link.
(a) Submissions. For purposes of these Terms, “Submissions” means identifiable information, software, photos, pictures, audio, video, text, graphics, designs, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, uploads, notes, drawings, articles, stories about yourself, or other materials of any kind whatsoever, sent, transmitted, posted, emailed, texted, upload or otherwise conveyed or submitted to The Game Day Shop or through the Web Properties, whether or not at our request, and including, but not limited to, postings in chat rooms or on bulletin boards or other social media or as part of a challenge, contest or other promotion.
(c) Assignment of Rights in Submissions. Without limitation of the foregoing,
(i) The Submission will forever be the property of, The Game Day Shop and its successors and assigns as follows: You grant The Game Day Shop and its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and sublicense any Submissions (in whole or in part and with or without the use of your name in conjunction therewith) anywhere in the world. This means that if you make a Submission it could end up for sale as a Company product. We will not incur any liability as a result of any similarities that may appear in future Company products.
(ii) You grant to, The Game Day Shop and its successors and assigns the right to incorporate Submissions into other works in any form, medium or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, “Rights”) that may exist in such Submissions.
(d) No Third Party Rights. You warrant that any third party holder of any Rights has validly and irrevocably granted to you the right to grant the rights and licenses set forth above in this Section. You further acknowledge that The Game Day Shop and its successors and assigns will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise without any further consent or permission from you or any third party.
Information that is published on or through the Web Properties may contain references or cross-references to products, programs or services of The Game Day Shop, its partners, service providers, subsidiaries or affiliates that are not necessarily announced or available in your area. Such references do not mean that The Game Day Shop, or any of its partners, service providers, subsidiaries or affiliates will announce any of those products, programs or services in your area at any time in the future. You should contact The Game Day Shop for information regarding the products, programs and services that may be available to you, if any.
Additionally, while we take all reasonable steps so that the Website is available 24 hours every day, 365 days per year, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this Website is unavailable at any time. The Website may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obliged to do so.
- COPYRIGHT COMPLAINTS.
(a) The Game Day owns, protects and enforces copyright and other rights in its own intellectual property, and respects the intellectual property rights of others. Materials may be made available or submitted on or through the Web Properties by third parties not within the control of The Game Day Shop. It is our policy not to permit materials known by us to be infringing to remain on or available through the Web Properties. Please notify us promptly if you believe that any materials on or available through the Web Properties infringe on your intellectual property rights or the intellectual property rights of anyone else.
(b) Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), The Game Day Shop will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
(c) BEFORE FILING A NOTIFICATION. Before filing such a notification, make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.
(d) Address and Content of Notification.
(i) Notice of alleged infringement must be sent by certified mail and marked “Copyright Infringement” to The Game Day, via TGD Marketing Limited., 59 Lincoln Park, Ste 200 Newark, NJ 07102
(ii) When notifying The Game Day Shop of potential infringement, you must include the following:
Identification of the copyrighted work(s) claimed to have been infringed.
If multiple copyrighted works, then a representative list of such works on the Web Properties;
Identification of the supposedly infringing material that is to be removed;
Information reasonably sufficient to permit The Game Day Shop to locate the material on the Web Properties;
Contact information reasonably sufficient to permit The Game Day Shop to contact the complaining party, such as an address, telephone number, or email address;
A statement that the complaining party has a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law;
A statement that, under penalty of perjury, the information in the notification is accurate and where relevant that the complaining party is authorized to act on behalf of the copyright owner; and
The signature, physical or electronic, of the copyright owner or a person authorized to act on his or her behalf.
(e) Counter Notification. A provider of content subject to a claim of infringement may make a counter notification. To file a counter notification with us, please provide the DMCA Agent a written communication containing the following:
Identification of the supposedly infringing material that is to be removed;
A statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her or its principal or agent; and
The signature, physical or electronic, of you or a person authorized to act on your behalf.
(f) The Game Day Shop will promptly provide the party that provided the notice of claimed infringement with a copy of the counter notification, and inform the complaining party that we restore the removed or disabled content in ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. Until that time, your materials will remain removed or disabled.
Your account or right to access to secured portions of the Web Properties may be terminated at any time, without notice, for conduct that is believed to violate these Terms and/or believed to be harmful to other users of the Web Properties, to The Game Day Shop, to its partners or service providers, to the business of the Internet service provider, or to other information providers. If you violate any of these Terms, your permission to use the Content pursuant to these Terms automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
- FEEDBACK AND COMMENTS.
The Game Day Shop
Attn: Marketing Department
30 Cooper Square
New York, NY 10003