Terms of Service

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. PLEASE NOTE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.

1. ABOUT THESE TERMS

These Terms of Use (including any future modifications of these Terms of Use, the “Terms”) govern your use of msgplus.tv (the “MSG+ Site”), the MSG+ mobile, connected tv and other applications (collectively, the “MSG+ App”), all programming, promotional and other content included therein (“Content”) and any additional services or events ordered, distributed, provided or otherwise made available through or relating to the MSG+ streaming service (collectively, the “MSG+ Services”), and all other content, websites, products and services that include a link to or state that they are governed by these Terms (the “Other Services” and together with the MSG+ Services, the “Services”). The MSG+ Services are made available to you by MSGN Interactive, LLC (“Interactive”), its affiliated companies and/or third parties. The Other Services are made available to you by MSGN Holdings, L.P. (“Holdings”), Interactive, their respective affiliated companies and/or third parties. As used in these Terms, “MSG,” “we,” ‘us,” and “our” refer, collectively, to Interactive, Holdings and/or their respective affiliated companies, as applicable, with respect to the MSG+ Services and/or Other Services. References to “you” in these Terms also include any of your Authorized Users (as defined below). We may change the name of any of the Services at any time in our sole discretion, and these Terms shall continue to apply to such Services in all respects.

These Terms are a contract between you and us. By accepting these Terms, you acknowledge that you have also read and understand our Privacy Policy. Our Privacy Policy explains how we may collect, maintain and disclose your personal information. Your access or use of the Services confirms that you have read, understood and agreed to the Terms on behalf of yourself and on behalf of any of your Authorized Users. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICES.

2. MSG+ eligibility, SUBSCRIPTIONS and accounts

2.1 Who Can Subscribe

In order to be eligible to subscribe to the MSG+ Services, you must: (a) reside in the United States of America and (b) be at least 18 years old, or the legal age of majority in your state or territory. If you are below this age, you may use the MSG+ Services only as an Authorized User of a parent or legal guardian’s MSG+ Account. In addition, you must either (i) receive MSG Network and/or MSG Sportsnet (the “MSG Networks”) as part of your video subscription with a participating cable, satellite, telco or other provider of video programming services (each, a “Pay TV Provider”), or (ii) be physically located in, or have an eligible credit card with a zip code located in, the MSG Networks home television territory. To determine if and to what extent MSG+ Content is available in your area, please visit our Frequently Asked Questions for more information.

2.2 Subscription Options

We currently offer monthly and annual subscriptions (“Subscriptions”) to the MSG+ Services. The price (excluding applicable taxes) and the duration of the Subscription you select will be indicated on the order page prior to you placing your order. If you receive MSG Network and/or MSG Sportsnet as part of your video subscription with your Pay TV Provider, you may receive a Subscription to the MSG+ Services for free if our agreement with your Pay TV Provider provides for the same, in which case the length of your Subscription will depend on the terms of each of your subscription agreement and our license agreement with such Pay TV Provider.

In addition, we may offer you the ability to purchase certain games and/or programs through the MSG+ Services (each, a “Per Game Purchase”). Each Per Game Purchase will be available for viewing from a designated start time (e.g., from the start time of the applicable game/program or pre-game Content relating thereto) until a designated end time (the “Availability Window”) for such Per Game Purchase. Availability Windows will be designated by us in our sole discretion and may vary for any particular Per Game Purchase.

Subscriptions and/or Per Game Purchases may be offered by us directly or by certain third parties that have been authorized to provide Subscriptions and/or Per Game Purchases to the MSG+ Services, such as participating app stores or Pay TV Providers (each, a “Subscription Provider”).

2.3 Sign Up and Sign In

In order to view Content on the MSG+ Services, you must create an MSG+ account (an “MSG+ Account”) and provide either a valid payment method (a “Payment Method”) or credentials to demonstrate that you are a subscriber to an applicable Pay TV Provider and receive MSG Network and/or MSG SportsNet as part of your Pay TV Provider subscription. You are solely responsible for maintaining the confidentiality of your MSG+ Account email and password.

Your Subscription will be automatically validated each time you sign into your MSG+ Account. However, you will have to link your Subscription to your MSG+ Account if you enter into a new Subscription with a different Subscription Provider.

If you purchase or receive a Subscription or Per Game Purchase through a Subscription Provider other than us, your Subscription Provider will process your Payment Method or authenticate your Pay TV Provider credentials. If you have questions about payments or credentials through your Subscription Provider, please contact your Subscription Provider directly.

2.4 Authorized Users

Authorized users of your MSG+ Account (“Authorized Users”) are limited to members of your household. You are responsible for all activity by each Authorized User and for any other activity under your MSG+ Account, including the devices that are used to access the MSG+ Services. To prevent unauthorized access to your MSG+ Account or the MSG+ Services, you and each Authorized User must maintain control over the devices used to access the MSG+ Services, not permit any unauthorized user to access your MSG+ Account, and not reveal your email and password or Payment Method to anyone.

2.5 Personal Use

THE MSG+ SERVICES ARE MADE AVAILABLE TO YOU SOLELY FOR YOUR PERSONAL USE, AND NO PUBLIC PERFORMANCE RIGHTS ARE GRANTED TO THE MSG+ SERVICES OR ANY CONTENT MADE AVAILABLE VIA THE MSG+ SERVICES. Your Subscription or Per Game Purchase is a personal, revocable, non-exclusive, non-commercial, non-transferable license to privately stream from us the applicable Content made available to you via the MSG+ Services. You may not rebroadcast, transmit or perform any Content available via the MSG+ Services or charge admission for its viewing, and any commercial or business-related use or exhibition of the MSG+ Services or any Content in any public establishment or other area open to the public (e.g., a bar, restaurant, stadium, or theater) is expressly prohibited.

3. MSG+ TRIALS AND PROMOTIONAL OFFERS

3.1 Trials

We may, from time to time in our sole discretion, make the MSG+ Services available on a free trial basis for a limited time (“Trial Subscription”). The duration of any Trial Subscription will be specified at sign-up. Any Trial Subscriptions will be limited to new MSG+ Services subscribers, unless otherwise specified. These Terms apply to any Trial Subscription, unless otherwise specified.

At the time of signing up for a Trial Subscription, you will be required to provide a valid Payment Method in order to use the MSG+ Services during the Trial Subscription period. Your Payment Method will not be charged during the Trial Subscription period.

UNLESS YOU DULY AND TIMELY CANCEL YOUR TRIAL SUBSCRIPTION BEFORE THE RENEWAL DATE, UPON THE EXPIRATION OF YOUR TRIAL SUBSCRIPTION, THE SUBSCRIPTION FEE FOR THE MSG+ SERVICES WILL BE CHARGED TO YOUR PAYMENT METHOD AND YOU WILL BE CHARGED ON A RECURRING BASIS UNTIL YOU CANCEL YOUR SUBSCRIPTION AS SET FORTH BELOW IN SECTION 4.4.

If we offer you a Trial Subscription or other promotional pricing for a Subscription, the specific terms of the offer will be disclosed during your sign-up or in other materials describing the offer. In each case, after your Trial Subscription or promotional pricing period ends, we (or your applicable Subscription Provider) will begin billing using your Payment Method for your Subscription at the regular Subscription Fee unless you cancel before the offer period ends. We will not notify you that your Trial Subscription or promotional pricing offer is about to end unless we are required to do so by applicable law.

If we offer a Trial Subscription, additional details about your Trial Subscription, including the date the Trial Subscription ends, would be available in the “Subscription” page within your MSG+ Account settings. Please visit such “Subscription” page or contact your Subscription Provider directly for more information.

3.2 Promotional Offers/Codes

Promotional codes for certain MSG+ Services or Content may be available, including as part of promotions or Bundles (as defined below) offered by third parties. You may redeem promotional codes and Bundles according to the rules for that promotion or Bundle. Unless otherwise specified, promotional codes can only be used once, cannot be redeemed for cash, and may not be combined with other offers. If you received a promotional code through an offer by a third party, additional conditions may apply. In the event of a new/subsequent discount or promotional offering after you sign-up for the MSG+ Services, no refunds, adjustments or price protection will be applied to your Subscription Fee or Per Game Fee.

You agree not to register multiple times for the same promotional offer using multiple names, addresses, email addresses or other means. We will determine any promotional offer eligibility at our sole discretion, and we reserve the right to revoke a promotional offer in the event that we determine you are not eligible.

3.3 Bundles

MSG+ Services may be offered as a bundle with third-party products, services or other offers (a “Bundle”) for a specified period (a “Bundle Period”) in accordance with applicable terms. We are not responsible for the products and services provided by such third parties. Bundles will be subject to additional terms, including those provided by such third parties. We have sole discretion to determine your eligibility for a Bundle and may limit your opportunity to participate in multiple Bundles. Your chosen Payment Method will be charged the then-current Subscription Fee for the MSG+ Services included in your Bundle following the expiration of the Bundle Period, unless earlier terminated in accordance with the terms herein. You may not receive a separate notice that your Bundle Period is about to end or has ended, or that your Subscription for the applicable MSG+ Services has begun.

4. MSG+ PAYMENT AND BILLING

4.1 Fees

By purchasing a Subscription or a Per Game Purchase, you agree to pay us (or the relevant Subscription Provider) the applicable Subscription fee (“Subscription Fee”) or Per Game Purchase fee (“Per Game Fee”), including in each case any applicable taxes and services fees.

When you provide a Payment Method, you represent and warrant that the information you provide about the Payment Method is accurate and that you are authorized to use such Payment Method. By providing a Payment Method to us, you agree that we (or a third-party payment processor acting on our behalf) are authorized to charge the applicable Subscription Fee or Per Game Fee, which, in the case of Subscriptions, will be charged on a recurring basis until you duly cancel your Subscription as set forth below in Section 4.4. You are responsible for keeping your payment details up to date by changing the details in your account settings. We will attempt to verify the Payment Method you provide, and may do this by processing an authorization hold. If we are unable to process your Payment Method on any billing date in connection with a Subscription renewal, we will contact you at the email address associated with your MSG+ Account, and you will have three (3) days to provide an updated valid Payment Method in order to continue your Subscription.

4.2 Billing Cycle

The Subscription Fee or Per Game Fee will be billed at the time you purchase your Subscription or Per Game Purchase and, in the case of Subscriptions, will be billed on an ongoing basis unless you cancel your Subscription. Please note that the length of your billing cycle will vary based upon the type of Subscription you choose when you subscribe to the MSG+ Services. In the event of a problem with your Payment Method, such as an expired credit card or in the event you change your Subscription plan, the timing of your billing may change. You can go to the “Subscription” page within your MSG+ Account settings to see your next billing date.

4.3 Changes

We reserve the right to change our pricing from time to time, including for existing Subscriptions. We will provide advance notice of any such price changes by sending such notice to the email address provided in your MSG+ Account prior to the next billing cycle and will take any other actions as required by applicable law, but we will not be required to notify you of any changes in applicable taxes. If you do not wish to accept a price change, you may cancel your Subscription in accordance with these Terms.

4.4 Your Right to Cancel

YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY TIME. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS ON THE NEXT BILLING DATE IN ORDER TO AVOID BEING CHARGED FOR THE NEXT CYCLE’S SUBSCRIPTION FEE. You can go to the “Subscription” page within your MSG+ Account settings to see your next billing date. If you cancel your Subscription, the cancellation will become effective at the end of the then-current Subscription period, and you will continue to have access to your Subscription until the end of that period. If your Subscription is directly with us, you will need to cancel your Subscription through your MSG+ Account. If you obtained your Subscription through a Subscription Provider other than us, you will need to cancel your Subscription directly with that Subscription Provider in accordance with your agreement with that Subscription Provider. For more information about how to cancel your Subscription, please visit our Frequently Asked Questions. If you cancel your Subscription, we will retain your information in accordance with our Privacy Policy.

4.5 No Refunds

UNLESS REQUIRED BY APPLICABLE LAW OR AS PROVIDED BELOW, WE DO NOT PROVIDE REFUNDS FOR ANY SUBSCRIPTION OR PER GAME PURCHASE; NOR DO WE PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS OR PER GAME PURCHASES THAT ARE CANCELLED. We reserve the right to issue refunds or credits at our sole discretion and on a case-by-case basis. If we issue a refund or credit, we are under no obligation to issue the same or similar refund or credit in the future.

5. MSG+ System Requirements

To use the MSG+ Services, you will need to use a computer, mobile device, streaming media player, or other device that meets the MSG+ Services’ system and compatibility requirements (which we may update from time to time). You acknowledge that your user experience may vary based on the device used to access the MSG+ Services, and that features and functionalities that we make available through the MSG+ Services may differ by device, platform and/or operating system. Please check the requirements periodically, as we may change or stop support of any hardware or software platforms at any time.

In order to access the MSG+ Services, you need a high-speed internet connection for your compatible device. You are responsible for any costs associated with your internet service. Your use of the MSG+ Services may count toward your data usage, depending on the terms of your agreement with your internet service provider.

6. MSG+ SERVICE LIMITATIONS

6.1 Home Territory

When you purchase the MSG+ Services, you will be assigned a “Home Territory”, which will govern the Content available to you. Content availability will vary depending on your Home Territory.

If you purchase any of the MSG+ Services on the MSG+ Site using a credit card as your Payment Method, your Home Territory will be based on the billing zip code of that credit card. If you purchase the MSG+ Services via the MSG+ App, your Home Territory will be based on the zip code of your physical location at the time of purchase. Your location will be determined by your Subscription Provider in its sole discretion, using geolocation technology within the device used to access the MSG+ Services. If you do not enable location access on your device, you will not be able to access the MSG+ Services through the MSG+ App. Any use of any virtual private network (VPN), “location spoofing” or similar technology to access the MSG+ Services or any Content in an unauthorized location is strictly prohibited.

If you move from your Home Territory to another area in which MSG+ Content is available, you may contact Customer Support at 1-800-578-5599 to change your Home Territory. Changing your Home Territory may change the Content that will be available to you through the MSG+ Services.

6.2 Couch Rights

Your Subscription includes a limited period in which you can view Content while traveling outside of your Home Territory (“Couch Rights”). The length and availability of your Couch Rights may vary due to various factors, including agreements with Content providers. Once activated, Couch Rights will apply to any device you use to access Content outside your Home Territory.

6.3 Blackouts

Certain live sporting events and other Content available through the MSG+ Services may be subject to blackouts and be unavailable at times depending on your location and certain broadcast exclusivities.

6.4 Simultaneous Streams and Devices

You are permitted to have a maximum of two (2) simultaneous streams per MSG+ Account and five (5) unique devices per MSG+ Account. We may change the maximum number of simultaneous streams and/or devices that you may use at any time.

6.5 Service Updates and Unavailability

At various times, MSG may choose to make available updates, bug fixes, or other changes or enhancements to the MSG+ Services (collectively, “Service Updates”). By creating an MSG+ Account, you consent to receive all Service Updates without further notice. In addition, certain Service Updates may require you to install a new version of the MSG+ App (or to install or upgrade one or more third-party plug-ins) in order to continue to use the MSG+ Services. You acknowledge that the MSG+ Services may be unavailable during a Service Update.

From time to time the MSG+ Services may be unavailable for other reasons, including, without limitation: (a) equipment malfunctions; (b) our periodic maintenance procedures or repairs; or (c) causes beyond our control or which we cannot reasonably foresee. In addition, on a regular basis, we test various aspects of the MSG+ Services, including but not limited to features and functionality, which may result in individualized variations to our offers, messaging, user interface and other functionality and Content available through the MSG+ Services.

6.6 Suspension and Termination

We or another Subscription Provider may disable, suspend or terminate your Subscription or Per Game Purchase and access to the MSG+ Services and/or your MSG+ Account immediately and without notice, for any reason in our or their sole discretion, including, without limitation, if you have provided inaccurate or fraudulent account or payment details, or if you are otherwise in violation of these Terms or applicable law. If we disable your Subscription or Per Game Purchase and/or access to all or any part of the MSG+ Services, you agree not to create another MSG+ Account or try to access the MSG+ Services without our permission.

6.7 No Content Guarantee

We do not guarantee access to any Content, and the Content available to you may change at any time. We may modify or cease providing all or a portion of the MSG+ Services, including any Content, at any time without notice to you.

6.8 Additional Content

From time to time, we may in our sole discretion add to the MSG+ Services any games, events or other Content which was not included as part of the MSG+ Services as of the date you subscribed (“Additional Content”). Without limiting our ability to increase prices generally, if at any time, we elect to include any such Additional Content in the MSG+ Services, we reserve the right in our sole discretion to increase the Subscription Fee for all new Subscriptions, including renewing Subscriptions. If you are a current subscriber, we further reserve the right in our sole discretion to blackout and make unavailable any such Additional Content from your MSG+ Services for the remainder of your Subscription period. We will attempt to notify you at the email address associated with your MSG+ Account in the event we offer any Additional Content which will be subject to such blackouts and unavailability for the remainder of your Subscription period, and any additional pertinent details regarding how you can access such Additional Content, if offered. For the avoidance of doubt, we are under no obligation to offer any Additional Content at any time.

7 USER CONTENT, FEEDBACK AND SUBMISSIONS

7.1 Uploads

The Services may include opportunities for you and other users to upload content and materials (“User Content”). When you (or any Authorized User) upload any User Content, you hereby grant us and our licensees a perpetual, irrevocable, worldwide, royalty-free, fully paid up, sub-licensable through multiple tiers, transferable, non-exclusive license to use, reproduce, adapt, publicly display, publicly perform, synchronize and otherwise exploit that User Content, including any Personal Elements (as defined below) in your User Content, in any manner and any media, formats, and channels now known or later developed or discovered throughout the universe in perpetuity, including in connection with advertising, promotions or Third Party Services (as defined below), without notice or payment to you. You agree that we and our licensees may attribute your User Content to you but are not required to do so. To the extent permitted by applicable law, you hereby waive and agree not to assert any “moral rights” or other proprietary rights in your User Content against us, our licensees, our representatives or other users. When you upload any User Content, you also consent to the recording, use and reuse by us and our licensees of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, social media handles and usernames, and any other identifying information in your User Content as used or modified by us (collectively, “Personal Elements”).  For clarity, we have no obligation to provide any such opportunities or to enable any functionalities within the Services for you or any other user to upload User Content.

When you upload any User Content, you represent and warrant that you own that User Content or have sufficient intellectual property and proprietary rights in order to make the grants in these Terms. You agree to pay any monies owed to any person based on our and our licensees’ use of your User Content.

7.2 Public Nature of Services; Deletions

You acknowledge that you have no expectation of privacy or confidentiality with respect to any User Content. While we may offer you the ability to upload User Content without including Personal Elements, we may still associate your account information with such User Content.

If you upload any User Content, you may not be able to remove it from the Services. Even if you delete any of your User Content, we may retain such User Content in our backup files, and may make use of such User Content in accordance with these Terms. You acknowledge that (i) deletion of your User Content from the Services will not result in, and we are not responsible for, the deletion of the User Content by third parties who previously had access to that User Content and (ii) termination of your account will not automatically delete any User Content you uploaded.

 7.3 No Responsibility for User Content; User Disputes

We are not responsible or liable for any User Content or any decisions, acts and/or omissions made by you, any Authorized User or any other person or entity in any way based on, arising out of or related to User Content. You are solely responsible for the User Content that you upload and for any claims, losses or damages relating thereto.

We do not endorse any User Content that you or other users upload, and we may remove or refuse to post any User Content that, in our sole discretion, is objectionable or violates these Terms. You acknowledge that you may encounter User Content on or through the Services that you find objectionable, offensive or otherwise inappropriate and you further acknowledge and agree that you shall have no right of action against us, and hereby agree to waive any and all claims you may have against us that are, in whole or in part, based on or arise out of User Content.

7.4 Feedback

Portions of the Services may invite you to provide us with feedback, comments or other information regarding the Services (“Feedback”). We welcome your Feedback, as it helps us to make the Services an even better product for you and all of our users. You hereby assign to MSG all right, title and interest in and to all Feedback, and MSG will have the unrestricted right to use and disclose Feedback for any purpose permitted by applicable law, without duty or obligation to you, and you acknowledge that any improvements, modifications and/or changes to the Services arising from or in connection with your Feedback are the exclusive property of MSG.

7.5 Unsolicited Submissions

MSG does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, or other potential content. This is to avoid the possibility of a future misunderstanding when projects developed by MSG staff or representatives might seem to others to be similar to the submitted concepts, creative ideas, suggestions, stories or other potential content. Therefore, please do not send MSG any unsolicited submissions. If you do, please be aware that no material you send to us will be treated as confidential, and all such material will be deemed to be Feedback in accordance with Section 7.4.

8. CUSTOMER SERVICE

(a) For questions related to the MSG+ Services, please visit our Frequently Asked Questions.  If you are unable to resolve your question by visiting our FAQs or if you have reason to believe that your MSG+ Account credentials have been compromised or misappropriated in some way, please contact MSG+ Customer Support at 1-800-578-5599 or send us an email at contact@support.msgplus.tv. For inquiries related to the Other Services, please send us an email at feedback@msgnetworks.com.

(b) For customer service matters related to your Subscription or Per Game Purchase through a Subscription Provider other than MSG or other matters relating to billing through your Subscription Provider, please contact your Subscription Provider directly.

(c) We strive to make the Services and our content accessible to all users, including users with disabilities. If you are having difficulty using or accessing any of the Services, with or without assistive technology, or if you wish to provide any Feedback as to how we can improve the usability and accessibility of the Services, please contact Customer Support at 1-800-578-5599 (for the MSG+ Services) or send us an email at contact@support.msgplus.tv (for the MSG+ Services) or feedback@msgnetworks.com (for all Other Services).

(d)  If you have specific concerns with the closed captioning of any Content, please contact us at MSGN Holdings, L.P., 11 Pennsylvania Plaza, 3rd Floor, New York, New York 10001, Attn: David Schafer, SVP Product, Technology & Operations, with a copy to 2 Pennsylvania Plaza, 19th Floor, New York, New York 10121, Attn: Legal Department; by email at captioning@msgnetworks.com; or by phone at 1-800-578-5599.

9. OUR COMMUNICATIONS TO YOU

By using the Services, you acknowledge that we and Subscription Providers can send you emails, in app notifications, push notifications or other electronic service communications about your account or use of the Services. To the extent permitted by applicable law, you also consent to receive electronic promotional messages, offers, surveys, and other materials.

10. COPYRIGHTS AND TRADEMARKS

10.1 General

The Services and all materials incorporated into the Services are protected by copyrights, patents, trademarks, trade secrets or other legal rights. You may not (a) show any content appearing on the Services for any commercial or business-related use or in any commercial establishment or area open to the public; or (b) attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology for any content. Unauthorized copying, editing, exhibition, broadcast or distribution of a copyrighted program can result in severe criminal and civil penalties under U.S. or any other applicable laws.

All names, trade names, trademarks, service marks, characters, logos, seals, symbols or other images, indicia and/or distinctive identification included in or as part of the Services and/or any of the content provided as part of the Services (collectively, “Trademarks”) are the sole and exclusive property of MSG, its affiliates and/or its content suppliers. Use of any Trademarks is not authorized other than as incorporated into the Services.

We may gather data on Services usage and other information to ensure that the Services are being used in accordance with these Terms. You agree not to block this collection and transmission of data. If you do so, it will be considered a violation of these Terms and may result in immediate termination of your Subscription, Per Game Purchase or other access to the Services. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act, we reserve the right, but without obligation, to terminate your license to use the Services if we determine in our 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.

10.2 Copyright Notice

If you believe that any content appearing on any part of the Services has been copied in a way that constitutes copyright infringement under the laws of the United States, please forward the following information to the Copyright Agent named below:

• Your name, address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• The exact URL or a description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

MSG Networks Copyright Agent

11 Pennsylvania Plaza, 3rd Floor

New York, NY 10001

Tel: 212-465-6400

Email: copyright.agent@msgnetworks.com

11. PROHIBITED ACTIVITIES

Please be aware that it is copyright infringement to make an unauthorized copy of any element or any portion of the Services, including the Content, or underlying software.

You are only authorized to access and display Content on the MSG+ Services for your non-commercial, personal, entertainment use on compatible devices while your Subscription or Per Game Purchase remains active and in good standing and only as permitted in these Terms.

You may not:

• copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, display, perform publicly, modify, create derivative works, upload, edit, post, link to, frame, transmit, rent, lease, lend or sublicense or in any way exploit any part of the Services, or attempt to interfere with the operation of the Services;
• use any data mining, robots, virus, worms, bugs, or other data gathering and extraction tools on the Services, or frame any portion of the Services, or attempt to tamper, hack, corrupt, or impair the administration and/or security of the Services;
• use the Content files or other elements of the Services to construct any kind of database, machine learning model or algorithm, or other software, data, or content;
• reverse engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate, in whole or in part, the Services or any Content; or
• circumvent, disable, or otherwise tamper with any security technology protecting any content, system resources, accounts or any other part of the Services, or use or distribute tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools).
• attempt, or encourage or assist any other person, to take any of the above actions.

If MSG authorizes you to copy any part of the Services, this authorization is limited to viewing a single copy for non-commercial, personal, entertainment use only, and requires you to keep intact all copyright, trademark and other proprietary notices. Using any material on any other service or networked computer environment is prohibited.

12. ADDITIONAL LEGAL TERMS

To the greatest extent permitted by applicable law, the following additional legal terms shall apply:

12.1 Disclaimer of Warranties

THE SERVICES AND ALL RELATED CONTENT PROVIDED OR MADE AVAILABLE ON OR THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. MSG AND ITS AFFILIATES (COLLECTIVELY “MSG” FOR PURPOSES OF THIS SECTION) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. MSG DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT THE SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SERVICES OR EQUIPMENT; THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED; OR THAT THE SERVICES WILL BE AVAILABLE FOR REINSTALLATION TO THE SAME OR MULTIPLE DEVICES OR EQUIPMENT. NO ORAL OR WRITTEN ADVICE PROVIDED BY MSG, ANY SUBSCRIPTION PROVIDER OR ANY OF THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY AND YOU SHALL HAVE NO RIGHT TO RELY ON ANY SUCH ADVICE. ADDITIONALLY, MSG AND SUBSCRIPTION PROVIDERS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OR MISUSE OF YOUR MSG+ ACCOUNT.

12.2 Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL MSG, ITS AFFILIATES OR SUBSCRIPTION PROVIDERS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS (THE “RELEASED PARTIES”) BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER FORM OF DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR FOR ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MSG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGE, EVEN IF ANY REMEMDY THAT IS LIMITED AS SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE RELEASED PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS AND CAUSES WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU SOLELY FOR THE SERVICES TO WHICH THE CLAIM RELATES, IF APPLICABLE, DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE OF YOUR FIRST CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF SOME TYPES OF DAMAGES. THE ABOVE EXCLUSIONS WILL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

If you are a California resident, you waive California Civil Code Section 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

12.3 Indemnity

You agree to indemnify, defend (at MSG’s option) and hold harmless MSG and its affiliates, partners, sponsors, licensees, agents, successors and assigns, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all claims, liabilities, damages, losses, actions, costs and/or expenses (including without limitation reasonable legal and accounting fees, costs, judgments and/or amounts paid in settlement), of any kind, arising out of or in any way connected with your breach or violation of these Terms.

MSG reserves the right, at your expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

12.4 Dispute Resolution

PLEASE READ THIS “DISPUTE RESOLUTION” SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT FILED IN COURT.

1. Informal dispute resolution procedure. If a dispute arises between you and MSG, we are committed to working with you to reach a reasonable resolution. For any such dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This requires first sending a written description of the dispute to the other party. For any dispute you initiate, you agree to send the written description of the dispute along with the email address associated with your MSG+ Account or other use of the Services, if any, to the following email address: legalnotices@msgnetworks.com. For any dispute that MSG initiates, we will send our written description of the dispute to the email address associated with your MSG+ Account or the email that we otherwise have on file for you. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought. If the dispute is not resolved within sixty (60) days after receipt of the written description of the dispute, you and MSG agree to the further dispute resolution provisions below.The above process for an informal dispute resolution process is required before you may commence any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.
2. Mutual arbitration agreement. You and MSG agree that all claims, disputes, or disagreements that may arise out of the interpretation or performance of the Services and/or provision of the Content, which includes these Terms (including its formation, performance, and breach) or payments by or to MSG, or that in any way relate to the provision or use of the Services, your relationship with MSG, or any other dispute with MSG, shall be resolved exclusively through binding arbitration in accordance with this Section 12.4 (collectively, the “Arbitration Agreement”). This includes claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth in Section 12.4(j) and (k). You and MSG expressly agree that this Arbitration Agreement evidences a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”). If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.Except as set forth in this Section 12.4(b), the arbitrator or arbitration body, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and this Arbitration Agreement, including, but not limited to any claim that all or any part thereof are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity.Notwithstanding the parties’ decision to resolve all disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

   You and MSG agree to submit to the personal jurisdiction of any federal or state court in New York, NY in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

   Except as set forth in Section 12.4(c) below, if any provision of this Arbitration Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions thereof remain in full force and effect.

   THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND MSG ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

3. Class arbitration and collective relief waiver. YOU AND MSG ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN THIS SECTION 12.4(c) AND SECTION 12.4(g) BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM, UNLESS MSG PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.If there is a final judicial determination that either this “Class arbitration and collective relief waiver” provision or the provisions in Section 12.4(g) are not enforceable as to a particular claim or request for relief, then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you or MSG from participating in a class-wide settlement of claims.
4. Arbitration rules. The arbitration will be administered by National Arbitration and Mediation (“NAM”). If NAM is not available to arbitrate, the parties will select an alternative arbitration provider, but in no event shall any arbitration be administered by the American Arbitration Association. Except as modified by this “Dispute Resolution” provision, NAM will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com.
5. Initiating arbitration. Only after the parties have engaged in a good-faith effort to resolve the dispute in accordance with the “Informal dispute resolution procedure” provision, and only if those efforts fail, then either party may initiate binding arbitration as the sole means to resolve claims using the procedures set forth in the applicable NAM rules. If you are initiating arbitration, a copy of the demand shall also be emailed to legalnotices@msgnetworks.com. If MSG is initiating arbitration, it will serve a copy of the demand to the email address associated with your MSG+ Account or the email that MSG has on file for you. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with the “Informal dispute resolution procedure” provision contemplated by this Arbitration Agreement.
6. Arbitration location and procedure. If you are a resident of the United States the arbitration will be conducted in the county where you reside, and if you are not a resident of the United States the arbitration shall be conducted in New York, New York, United States of America, unless you and MSG otherwise agree or unless the designated arbitrator determines that such venue would be unreasonably burdensome to any party, in which case the arbitrator shall have the discretion to select another venue. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and MSG submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and MSG (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).
7. Batch arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with Section 12.4(d) if NAM is unavailable) against MSG within reasonably close proximity (“Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM (or another arbitration provider selected in accordance with 12.4(d) if NAM is unavailable) in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by MSG and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with MSG and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This “Batch arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless MSG otherwise consents in writing, MSG does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in Section 12.4(c) above and this Section 12.4(g). If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.
8. Arbitrator’s decision. The arbitrator will render an award in accordance with this Arbitration Agreement and the applicable NAM rules and procedures. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.
9. Fees. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in Section 12.4(g)), provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section 12.4 while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
10. Right to opt-out of the Arbitration Agreement. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION AGREEMENT AS SET FORTH IN THIS “DISPUTE RESOLUTION” SECTION 12.4, THEN: (1) you must notify MSG in writing within thirty (30) days of the date that you first access the Services, or otherwise become subject to this Arbitration Agreement (or any subsequent changes to the provisions of the section titled “Dispute Resolution”); (2) your written notification must be mailed to MSGN Holdings, L.P., 11 Penn Plaza, 3rd Floor, New York, NY 10001, Attention: Legal Department or emailed to legalnotices@msgnetworks.com; and (3) your written notification must include (a) your name, (b) your address, (c) the date you purchased the MSG+ Services or first accessed the Other Services, if applicable, and (d) a clear statement that you wish to opt out of this Arbitration Agreement. MSG will continue to honor any valid opt outs if you opted out of arbitration in a prior version of the Terms pursuant to the requirements set forth in that version. If you do not timely opt out of this Arbitration Agreement, such action shall constitute mutual acceptance of the terms of these “Dispute Resolution” provisions by you and MSG.
11. Changes. MSG will provide thirty (30) days’ notice of any changes to this “Dispute Resolution” section by posting the change on the MSG+ Site, in the MSG+ App and on any other websites that links to these Terms or where these Terms are posted, and will provide any other notice in accordance with legal requirements. Any such changes will go into effect 30 days after MSG provides this notice and apply to all claims not yet filed. If you reject any such changes by opting out of the Arbitration Agreement, any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If MSG changes this “Dispute Resolution” section after the date you first accepted this Arbitration Agreement (or accepted any subsequent changes to this Arbitration Agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out by providing notice as described in Section 12.4(j).

References to “MSG,” “you,” and “us” in this Arbitration Agreement include our respective predecessors in interest, successors, heirs and assigns, as well as our respective past, present, and future parents, subsidiaries, and affiliates; those entities and our respective agents, employees, licensees, licensors, and providers of content as of the time your or our claim arises; and all authorized or unauthorized users or beneficiaries of the Services under this or prior Terms between us.

12.5 Hyperlinks to And from Third Party Sites

The Services may link to other sites on the internet including, without limitation, sites owned or controlled by affiliates of MSG or by Subscription Providers. These other sites are not under the control of MSG, and you acknowledge that (whether or not these sites are affiliated in any way with MSG or Subscription Providers) MSG is not responsible for the accuracy, compliance, legality, decency, or any other aspect of these sites.

12.6 Advertisements

Certain content within the Services is ad-supported and that content may change from time to time. MSG does not endorse any third-party advertiser, product or service featured on the Services nor does MSG take any responsibility for any such third-party advertiser, product or service. Any interactions you may have with an advertiser as a result of using the Services will be between you and such advertiser. If you engage in any transaction with an advertiser featured on the Services, including providing that advertiser with any personal information, you agree that MSG is not responsible for such transaction or provision of personal information and you further agree that MSG is not liable for any claim or loss that may result from your engagement with any advertiser.

12.7 Third Party Subscription Provider Terms

These Terms, together with the additional conditions of your Subscription or Per Game Purchase, constitute an agreement between you and MSG, and not between you and any other Subscription Provider(s). Unless otherwise specified in these Terms, Subscription Providers will have no obligation to provide technical maintenance for the MSG+ Services or respond to product claims regarding the MSG+ Services. Subscription Providers are not responsible for any product or intellectual property claims associated with the MSG+ Services. By accessing the MSG+ Services through any Subscription Provider other than us, you agree to abide by any relevant terms of service governing your use of your Subscription Provider’s services and any other legal agreement between you and your Subscription Provider.

12.8 Apple Disclaimer

If you have downloaded the MSG+ App from the Apple App Store or if you are using the MSG+ App on an iOS device, you acknowledge that you have read, understood and agree to the following notice regarding Apple. These Terms are between you and us only, not with Apple, and Apple is not responsible for the MSG+ App and the content thereof. Apple has no obligation whatever to furnish any maintenance and support services with respect to the MSG+ App. In the event of any failure of the MSG+ App to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the MSG+ App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatever with respect to the MSG+ App. Apple is not responsible for addressing any claims by you or any third party relating to the MSG+ App or your use of the MSG+ App, including: (1) product liability claims; (2) any claim that the MSG+ App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the MSG+ App infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the MSG+ App. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

12.9 Governing Law and Venue

These Terms shall be governed by the laws of the State of New York, without regard to conflict of law principles. A dispute that is not subject to arbitration under Section 12.4 (Dispute Resolution) of these Terms shall be brought in the appropriate state or federal court located in New York County, New York; and we and you each irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New York County, New York for the adjudication of all non-arbitral claims.

12.10 Force Majeure

MSG shall not have any liability to you by reason of any delay or failure to perform any obligation under these Terms if the delay or failure to perform is occasioned by force majeure, which shall refer to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, public health emergency, epidemic, pandemic or national emergency, Governmental action, or other cause beyond our reasonable control.

12.11 Export Controls; OFAC Compliance 

You may not use or otherwise export or re-export the software associated with the Services except as authorized by United States law and the laws of the jurisdiction in which the software was obtained. In particular, but without limiting the generality of the foregoing, the software and other relevant elements of the Services may not be exported or re-exported into any U.S. embargoed countries or to any countries prohibited by U.S. laws, rules or regulations.

By accessing the Services, you confirm that you are not subject to sanctions imposed by the U.S. and you are not considered by the Office of Foreign Assets Control (OFAC) to be a specially designated national.

12.12 What Happens If We Change These Terms

We reserve the right to modify these Terms or change any part of the Services at any time. We will communicate material changes to these Terms by making the revised Terms available for your review on the MSG+ Site, within the MSG+ App and on any other websites that links to these Terms or where these Terms are posted. If you access the MSG+ Services through a mobile device, we may also communicate changes through updated versions of the MSG+ App. The date that these Terms were last modified can be found at the end of these Terms. The modified Terms will become effective and govern your use of the Services upon the date and time they are posted.

If any change materially limits the availability of the Services, then in addition to posting the revised Terms on the MSG+ Site, within the MSG+ App and on any other websites that link to these Terms or where these Terms are posted, we will communicate this limitation as required by applicable law which may include sending an email to the email address associated with your MSG+ Account or that we otherwise have on file for you.

By continuing to use the Services after any revised Terms come into effect and, in the case of any Subscription, your decision not to cancel your Subscription before it renews or within any relevant notice period, you agree to be bound by the changes.

12.13 Additional Terms and Conditions

You may have to accept additional terms and conditions in order to use certain features offered through the Services. If there is a conflict or inconsistency between those additional terms and these Terms, those additional terms will prevail solely with respect to your use of the particular feature to which they apply.

12.14 Miscellaneous

This Agreement is the entire agreement between you and MSG with respect to its subject matter and supersede all prior or contemporaneous written or oral agreements between you and us with respect to its subject matter. These Terms may not be amended, nor any obligation waived, without our written authorization.

Last updated: June 27, 2023