THRILL ONE SPORTS & ENTERTAINMENT TERMS OF USE

In General

The Thrill One Sports & Entertainment websites, including www.nitrocircus.com, www.thrillone.com, www.streetleague.com, www.nitroworldgames.com, shop.nitrocircus.com (collectively the “Websites”) are operated by NWE Opco LP (“Thrill One”). This document governs your relationship with the Websites and all other Thrill One properties including but not limited to, apps on mobile devices, embedded content, connected devices, gaming consoles or other consumer electronic devices, social media platforms (such as Facebook and Instagram) or other places where these Terms of Use (as defined herein) are referenced or posted (collectively, the “Properties”). Access to and use of the Websites and Properties and the products and services available through the Websites and Properties (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Use”). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

Access to the Websites and Properties is permitted on a temporary basis, and we reserve the right to withdraw or change the Services without notice. We will not be liable if for any reason the Websites and/or Properties are unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Websites and/or Properties.

The Websites and Properties may contain links to other websites (the “Linked Sites”), which are not operated by Thrill One. Thrill One has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found on our privacy policy page. By using the Websites and/or the Properties, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse the Websites and/or the Properties. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Services; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Websites and/or Properties. Breaching this provision may constitute a criminal offense, and Thrill One has the right to report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Age Restrictions

No one under the age of 18 may open an account or purchase products on the Websites and/or Properties. By opening an account or purchasing products on the Websites and/or Properties, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not open an account or purchase products through the Websites and/or Properties.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through the Websites and/or the Properties remains the property of Thrill One or its subsidiaries, affiliates and licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Thrill One and its subsidiaries, affiliates and licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, modify, distribute, or otherwise reproduce, in any format, any of the content or copies of the content on the Websites and/or Properties, or downloaded from the Websites and/or Properties, nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with Thrill One you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Thrill One retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Thrill One, its subsidiaries or affiliates, or may in some cases be a third party. Where a contract is made with a third party, Thrill One is not acting as either agent or principal, and the contract is made between you and that third party and will be subject to the terms of sale which they supply you. When placing an order, you undertake that all details you provide to us or a third party are true and complete, that you are an authorized user of the credit or debit card used to place your order, and that there are sufficient funds to cover the cost of the goods. The price of products and services may fluctuate due to currency fluctuations and other factors. All prices advertised are subject to such changes.

(a) Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order.

A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered are available, and have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability

Although we try to ensure that all details, descriptions and prices which appear on the Websites and/or Properties are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the “Total Cost.”

(c) Payment

Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been shipped and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Credit Card Security

Thrill One takes the upmost precautions to protect users’ information. When sensitive information is submitted via the Websites and/or Properties, that information is encrypted and is protected by industry standard technology equivalent to that used by banks for online banking transactions. Our secure web pages use an SSL certificate to ensure secure transmission of your information. This ensures that all information you send via the World Wide Web will be encrypted. If any other Internet user intercepts the communication he/she will only be able to see it in an encrypted (garbled) form. Certificate technology allows us to decrypt the information, and view it in plain text form. If you have any questions about credit card security, please contact our Customer Service Team.

The servers on which we collect and store personal information are kept in a secure environment.

Thrill One has significant systems and procedures designed to detect the fraudulent use of credit cards. Please do not be offended if we contact you requiring additional verification of your credit details as this is for your protection. For your own security, we may also request for some orders, a faxed copy of your signature as verification of your credit card payment. You will be notified via email if this is required. Further security measures may be requested and this will be actioned at our discretion.

User-Generated Content

The Websites and/or Properties allow you to share your content, to exchange ideas, communicate experiences, and post ratings, and reviews. If you post any comments, ratings, reviews, photographs, videos, content, statements or information, you grant us a royalty-free, non-exclusive, perpetual, worldwide license to use your comment, rating, review, photograph, video, content, statement and information in whole or in part as we in our sole discretion deem appropriate in any format, media or technology now known or later developed, whether on the Websites and/or Properties or otherwise in promotion of Thrill One, the Websites, Properties or otherwise, and to attribute them to you. You agree that you will not post messages intended to serve as product, service, political, corporate, or job advertisements. You represent and warrant that you own the copyright in any photograph, video, content or other material you post and have the right to post the photograph, video, content and other material, as well the authorization of any persons shown in photographs or videos. You also agree that you will not post any material that is misleading (including reviews for which you received compensation or other consideration), infringes the copyrights or other proprietary rights of another (including rights of privacy and publicity), or which is obscene, vulgar, immoral, libelous, or contains language which is offensive to any racial, ethnic, or religious group, is intended to harass, embarrass, or injure any person, or contains private or confidential information about another person. Thrill One retains the right to remove any content from the Websites and/or Properties that violates these Terms of Use. Thrill One cannot review each message to determine its accuracy or truthfulness, or to determine if the content of any message contains any prohibited material; therefore, any reader or viewer who is offended by any message or content, or who finds that any message or content violates these Terms of Use, should report the message to info@thrillone.com.

Disclaimer of Liability

THE MATERIAL DISPLAYED ON THE WEBSITES AND PROPERTIES IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY. UNLESS EXPRESSLY STATED TO THE CONTRARY ALL GOODS SOLD OR OFFERED ON THIS WEBSITE ARE OFFERED AND SOLD “AS IS,” AND TO THE FULLEST EXTENT PERMITTED BY LAW THRILL ONE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, CONTENT PROVIDERS, AND ADVERTISERS HEREBY EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, AND SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, BUSINESS INTERRUPTION, LOST OR DIMINISHED PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THE WEBSITES, PROPERTIES OR THE LINKED SITES AND ANY MATERIALS POSTED THEREON, IRRESPECTIVE OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE. This does not affect Thrill One’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Indemnity

You agree to indemnify and hold Thrill One and its parents, subsidiaries, affiliates‚ licensors‚ directors‚ officers‚ members‚ managers‚ employees‚ agents‚ and representatives‚ harmless from and against any losses‚ costs‚ expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim‚ cause of action‚ suit or demand including attorneys’ fees, of any third party due to‚ arising out of or related to (i) your access to the Websites and/or Properties‚ (ii) your use of the Websites and/or Properties, including sharing any content or information with other users‚ (iii) your violation of these Terms of Use‚ (iv) any use of your User ID or password by you or any third party‚ or (v) the infringement or other violation by you‚ or any third party using your account or User ID or password‚ of any intellectual property or other right of any person or entity.

Variation

Thrill One shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of the Websites and/or Properties.

Invalidity

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Use constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Thrill One. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by a Director of Thrill One.

Arbitration

Any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California. The arbitration shall be administered by American Arbitration Association pursuant to its Commercial Rules. All claims shall be brought in the party’s individual capacity, and not as a plaintiff or class member in any purported class action or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The parties agree that the resolution is final and binding, and enforceable through the applicable court.

Governing Law

These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the State of California, without regard to its choice of law rules. You agree to submit to the exclusive jurisdiction of the Courts of California in respect of all claims related to these Terms of Use.

Contact Information

Thrill One Sports & Entertainment 946 West 17th Street
Costa Mesa, CA 92627
949-429-8300
info@thrillone.com