Terms Of Use
These Terms of Use (this "Agreement" or "Terms") concern the online or digital properties, products, and services of Kroenke Sports Holdings, LLC, who operates the business commonly known as Altitude Authentics, and its current and future parents, subsidiaries and affiliates, including Kroenke Sports and Entertainment, LLC and all related and affiliated entities (collectively, "Us", "Our", or "We").
This Agreement constitutes a legally binding contract between you (together with any person helping you visit, access, register with or use any of those online or digital properties, products or services, "you" or "your") on the one hand and Us on the other hand.
The online or digital properties, products and services which are the subject of this Agreement include:
- The website(s) and mobile applications published by Us that display(s) or provide(s) an authorized link to this Agreement (each, with its respective pages, features and functionalities, a "Digital Platform"); and
- The content and services offered, published, distributed or transmitted by Us on or through each Digital Platform (collectively, the "Service(s)").
Modification of Terms: WE MAY TERMINATE, SUPPLEMENT, AMEND OR OTHERWISE MODIFY THESE TERMS, OR IMPOSE NEW CONDITIONS OF USE, AT ANY TIME AND IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS PERIODICALLY FOR CHANGES. Changes to the Terms shall be deemed effective as of their stated effective or modification date.
Acceptance: YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THESE TERMS WHENEVER YOU USE, CREATE, REGISTER WITH OR LOG INTO AN ACCOUNT ON OR THROUGH A DIGITAL PLATFORM.
IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS IN ITS ENTIRETY, THEN YOU SHOULD NOT VISIT, ACCESS, REGISTER WITH, SUBSCRIBE TO OR USE ANY DIGITAL PLATFORM OR SERVICE.
Age Requirements: The Digital Platforms and Services are not intended for use by any individual under the age of 13.
You may be required to register for certain activities, or access registration-only areas of a Digital Platform, or to enroll or receive certain Services. If and when you register, you will be asked to provide certain information about yourself. You agree that all information you provide in order to register is accurate, current and complete, and will promptly update any information as necessary to maintain its accuracy.
If you are under the age of majority in your jurisdiction of residence (generally 18 years of age) but at least 13 years of age (subject to any applicable supplemental terms), you may use the Digital Platforms and certain Services but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these Terms for the benefit of an individual between the ages of 13 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for his/her/their User Content and any legal liability that he/she/they may incur.
During any applicable registration process, you may be asked to select a username and password. It is your responsibility to ensure that your password remains confidential. By registering, you agree that you will not allow others to use your account and that you are fully responsible for all activities that occur under your username. You agree to notify Us immediately in the event of unauthorized use of your password or account, or of any other breach of security relating to your account. We are not liable for any loss or damage resulting from your failure to maintain the confidentiality of your account as provided herein. We may assume that any communications We receive under your password have been made by you.
Account Security
During any applicable registration process, you may be asked to select a username and password. It is your responsibility to ensure that your password remains confidential. By registering, you agree that you will not allow others to use your account and that you are fully responsible for all activities that occur under your username.
By using a Digital Platform or Service, you acknowledge that you have received, understand and accept Our policies concerning the collection and use of your personal information in connection with any Digital Platform or Service, that are set forth in Our Privacy Policy (which is incorporated into these Terms).
You may not access or use, or attempt to access or use, a Digital Platform or Service to take any action that could harm Us or any other person or entity, interfere with the operation of a Digital Platform or Service, or use a Digital Platform or Service in a manner that violates any law.
- The impersonation of any person or entity or misrepresentation of yourself in any way
- Any act that infringes or otherwise violates intellectual property, privacy or publicity rights
- Reproducing all or a portion of a Digital Platform or Service (unless expressly authorized)
- Publishing objectionable or illegal content
- Collecting personal information without consent
- Publishing machine-generated content
- Supplying false, misleading, deceptive or incorrect information
- Unauthorized spidering, scraping or harvesting of content
- Using software to monitor, copy, disrupt, damage, or interfere with the Digital Platform
- Attempting to gain unauthorized access to computer systems or networks
Enforcement: Violations may result in civil or criminal liability. We may suspend or terminate your access and report violations to law enforcement authorities.
From time to time a Digital Platform or Service may provide you with an opportunity to submit content. All such materials are referred to as "User Content".
You represent that all User Content is wholly original to you and you are the exclusive owner of all rights, or have secured all necessary permissions from contributors and subjects depicted.
You agree not to provide User Content that:
- Infringes upon or violates proprietary, publicity or privacy rights
- Plagiarizes the work of others
- Contains commercial material, advertising, or spam
- Defames, disparages, or discloses confidential information
- Exploits, harms, or impersonates any person
- Is profane, indecent, obscene, racist, sexist, or threatening
- Contains malware, viruses, or malicious technology
- Is derogatory based on protected characteristics
You hereby grant Us an irrevocable, non-exclusive, royalty-free, fully-paid up, transferable, sub-licensable, perpetual and universe-wide license to use, modify, adapt, edit, and exploit all or any part of the User Content in any manner, medium or form.
Certain portions of the Digital Platforms or certain Services may be configured for specific devices. You are responsible for obtaining and updating your Device(s), software, operating system, carrier and network access as necessary.
The Digital Platforms and Services and all elements thereof, as well as all copyrights, trademarks, trade secrets and other intellectual properties, are owned, licensed or permissibly used by Us.
Each Digital Platform and Service contains material protected by United States copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws.
You may not use any of Our trademarks, trade names, service marks, logos or other identifying indicia without Our consent.
Where available, you may download material for your personal, noncommercial use, provided you maintain all intellectual property notices.
If you believe your work is available in a way that constitutes copyright infringement, please provide Our designated DMCA agent with the following information:
- Electronic or physical signature of the authorized person
- Identification of the copyrighted work
- Identification of the allegedly infringing material
- Your contact information
- Statement of good faith belief
- Statement made under penalty of perjury
Legal Department
1000 Chopper Circle
Denver, Colorado 80204
(303) 405-1100
legalnotices@altitudeauthentics.com
Subject to these Terms, We grant you a limited, non-exclusive, personal, freely-revocable, non-transferable and non-sub-licensable license to access and view the Digital Platforms for your personal, non-commercial use only.
Subject to compliance with these Terms, We grant you a limited license to access and use the Services for your personal, non-commercial use only.
You are permitted to link to a Digital Platform subject to strict compliance with specific terms regarding framing, commercial use, and content restrictions.
We have the right, but not the obligation, to temporarily or permanently suspend or terminate the function or existence of all or any part of a Digital Platform or the Services at any time, and without notice or recourse, in Our sole discretion.
You may opt-out of receiving electronic messages by clicking opt-out links in communications or by sending an email to webmaster@altitudeauthentics.com with subject line "Opt-Out of Electronic Communications."
A Digital Platform or Service may contain links to third-party websites, networks, platforms, servers and applications. The Linked Technologies are not under Our control and are provided merely as a convenience.
YOU SHOULD REVIEW ANY APPLICABLE PRIVACY POLICIES AND TERMS OF USE/SERVICE PUBLISHED THROUGH THE LINKED TECHNOLOGIES.
You represent, warrant, promise, agree and covenant that:
- You are a natural person and the age of majority in your jurisdiction
- You have read and understand these Terms in their entirety
- You have the full right, authority and capacity to enter into these Terms
- You understand you are giving up certain legal rights and remedies
- You will fully comply with these Terms
- You will not violate any applicable laws
- All information you provide is truthful and accurate
YOUR USE OF A DIGITAL PLATFORM AND ANY PRODUCT OR SERVICE IS DONE AT YOUR OWN RISK. THE DIGITAL PLATFORMS, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS," "WHERE IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS.
WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY AND SAFETY.
ALL DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS, PRODUCTS AND PRICES ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.
WE SHALL NOT BE RESPONSIBLE FOR DELAYS, FAILURES, LOSSES, INJURIES, LIABILITIES OR DAMAGES ASSOCIATED WITH SYSTEM DELAYS, DOWNTIMES, INTERRUPTIONS OR OTHER FAILURES OUTSIDE OF OUR CONTROL.
TO THE MAXIMUM EXTENT PROVIDED BY LAW, IN NO EVENT SHALL WE OR THE DIGITAL PLATFORM PROVIDER PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECULATIVE, PUNITIVE OR SPECIAL DAMAGES, INCLUDING:
- Your use or inability to use a Digital Platform or Service
- Any products or services made available
- Any suspension, termination or modification
- Any unauthorized access to your personal information
- Our use of User Content
- Any security breaches or third-party conduct
- Any transmission of malware or viruses
IF YOU ARE DISSATISFIED WITH A DIGITAL PLATFORM OR SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS AND USE.
Any claim against Us shall be limited to the amount you paid, if any, for access to the Digital Platform or Service. You must give Us written notice of any claim within one (1) year of the occurrence.
You agree to indemnify, release and hold harmless Us and the Digital Platform Provider Parties from any liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties and expenses arising out of your acts, errors, omissions, or breach of these Terms.
These Terms shall continue until terminated. We may terminate these Terms at any time, for any or no reason, without notice. Upon termination, certain provisions shall survive in perpetuity, including disclaimers, limitations of liability, dispute resolution terms, and all representations and warranties made by you.
"Dispute" is defined as any dispute, claim, or controversy arising out of or relating to your use of a Digital Platform, a Service, these Terms, the Privacy Policy, or your relationship with Us. Dispute shall be interpreted broadly.
Before initiating arbitration, you or We must give the other party written "Notice of Dispute" that contains:
- Name, contact information, and account information if applicable
- Detailed description of the nature and basis of the Dispute
- Detailed description of the relief sought, including calculation
Send Notice of Dispute to Us by email at legalnotices@altitudeauthentics.com. You and We agree to attempt resolution through informal, good-faith negotiations for sixty (60) days.
Any Dispute within the jurisdictional scope and limits of small claims court where you reside must be brought in that court on an individual basis.
Any Dispute not resolved through informal process or small claims court shall be resolved by binding arbitration in the county where you reside, administered by Judicial Arbiter Group, Inc. (JAG) with a single, neutral arbitrator.
If fifty (50) or more similar claims are asserted, additional staged procedures apply:
Fifty (50) claims per side selected for initial staged arbitrations, followed by global mediation.
If unresolved, seventy-five (75) claims per side for second staged process, followed by another mediation.
You may reject future changes to arbitration provisions by sending personally signed written notice to legalnotices@altitudeauthentics.com within thirty (30) days of notice.
You and We agree that any Disputes shall be resolved only in individual arbitration. Each of you and Us expressly waive the right to have any Dispute brought as a class, collective, coordinated, consolidated, and/or representative action.
To the fullest extent permitted by applicable law, you and We waive any right to a jury trial.
All Disputes and the relationship between you and Us shall be governed by the laws of the State of Colorado and applicable federal law of the United States, regardless of conflicts of law analysis.
The state and federal courts of the City and County of Denver, Colorado shall have exclusive jurisdiction over any Disputes not subject to arbitration. You and We consent to the exclusive jurisdiction of those courts.
We may give notices to you by means of a general notice posted on a Digital Platform and/or by email to the address you provide to Us. Any notice shall be deemed effective as of its stated effective date.
These Terms shall not create any fiduciary, franchise, agency, employment, independent contractor, partnership or joint venture relationship between you and Us.
You may be asked to consent to additional policies or terms in connection with your access to specific Digital Platforms or Services. Any supplemental terms will not vary or replace these Terms unless expressly stated.
The Digital Platforms and Services are operated out of the United States of America. We do not represent that content is appropriate for use in other locations. If you access from outside the United States, you do so on your own initiative and are responsible for compliance with applicable laws.
We are excused for any failure to perform under these Terms to the extent that Our performance is prevented by any reason outside of Our reasonable control.
You shall not assign or delegate any rights or obligations under these Terms without Our prior written consent. We are free to assign or delegate Our rights and obligations to any third-party.
These Terms shall be construed to have been drafted by all Parties, so that any rule of construction against the drafter shall have no force or effect.
If any portion of these Terms is deemed invalid or unenforceable, the remaining terms shall not be affected and shall be reformed to the maximum extent permitted under law.
These Terms, together with additional terms referenced herein, constitute the entire agreement between you and Us with respect to the subject matter hereof and supersede any prior agreements.
If you have purchased or downloaded a Digital Platform from the Apple App Store, you acknowledge that these Terms are an agreement between you and Us and not with Apple. Apple has no responsibility for any Digital Platform or Service and is not responsible for maintenance, support, warranty, or claims.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:
You agree to comply with all applicable laws, rules, and regulations. You represent that you are not identified on OFAC's list of Specially Designated Nationals, not accessing from an embargoed jurisdiction, and not using the Services in violation of U.S. sanctions programs.
webmaster@altitudeauthentics.com
