EverBank Field Public Wi-Fi Access Terms and Conditions

Revised August 8, 2017

 

This sets forth the terms and conditions on which wireless internet access (the “Service”) is provided free of charge to you, a guest, vendor, service provider, licensee, or other person, at (a) the stadium currently known as EverBank Field (the “Stadium”) where the Jacksonville Jaguars plays home football games in the National Football League (“NFL”); and/or (b) the amphitheater and the covered football field south of the Stadium currently known as Daily’s Place (“Daily’s Place”, and together with the Stadium and the surrounding premises of the Stadium and Daily’s Place, the “Facility”).  The Facility and the Service is owned by the City of Jacksonville and managed by SMG.  The Jacksonville Jaguars is owned and operated by Jacksonville Jaguars, LLC (the “Jaguars”). Daily’s Place is operated by Bold Events, LLC (“Bold Events”).  You must be a lawfully permitted guest, vendor, service provider, licensee or other lawful patron at the Facility to use the Service.

 

By using the Service, you accept and agree to these terms and conditions in their entirety.  These terms and conditions may be modified at any time without notice to you.  It is your responsibility to visit this webpage from time to time to determine if these terms and conditions have been updated. Please download and save a copy of these terms and conditions for your records.

 

If you do not agree to these terms and conditions, do not access or use the Service.

 

Access to the Service

 

Your access to the Service is completely at the discretion of the City, SMG, the Jaguars, and/or Bold Events. Access to the Service may be denied, blocked, suspended, withdrawn, revoked or terminated at any time for any reason, including, without limitation, violation of these terms and conditions, actions that may be lead to liability for the City, SMG, the Jaguars, and/or Bold Events, disruption of access to other users or networks, and/or violation of applicable laws, rules or legal requirements.

 

You agree to have up to date anti-virus software installed on the device accessing the Service.

 

Information Collected from Your Use of the Service

 

The City, SMG, the Jaguars, Bold Events, and those authorized by them (including, without limitation, Extreme Networks, Inc. and PCM Sales, Inc. (collectively, the "Authorized Parties") reserve the right to monitor and collect information from you and your device while you are connected to the Service. Such collected information may be used by the Authorized Parties for business purposes in their discretion, including sharing the information with law enforcement agencies, partners, sponsors, affiliates and vendors of the Authorized Parties.

 

Disclaimer

 

You acknowledge that:

1. The Service may not be uninterrupted or free from errors;
2. Your device may be exposed to viruses or other harmful applications through your access to the Service;
3. The City, SMG, the Jaguars, and Bold Events do not guarantee the security of the Service and advise you that unauthorized third parties may access your computer, device or files or otherwise monitor your connection;
4. The ability of the City to provide the Service without charge is based on the limited warranty, disclaimer and limitation of liability set forth in this section and it would require a substantial charge if any of these provisions were unenforceable;
5. The City, SMG, the Jaguars, and Bold Events do guarantee the speed or availability of the Service or the compatibility of the Service with any device you use;
6. The City, SMG, the Jaguars, and/or Bold Events may at any point block access to the Service if any of them deem the access violates the acceptable terms of use outlined below; and
7. The City, SMG, the Jaguars, and Bold Events are not publishers of third-party content that can be accessed through the Service and are not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Service. You are responsible for evaluating such content.
 

The Service is provided on an "as is," "as available" basis, without warranties of any kind. All warranties, conditions, representations, indemnities and guarantees with respect to the Service and the operation, capacity, speed, functionality, qualifications or capabilities of the Service, whether express or implied, arising by law, custom, oral or written statements or otherwise (including, but not limited to, warranty of satisfactory quality, merchantability, fitness for a particular purpose, title, and non-infringement) are hereby overridden, excluded and disclaimed.

 Given the limited bandwidth available during an event in the Facility, the Service may be unavailable for certain content and applications to ensure the best performance for the most users. The Service may not be suitable for video downloads, application downloads, software updates, "in-bound" and "outbound" streaming media (including live streaming), downloads of long-form media or other activities that reflect similar capacity usage.


Assumption of Risk

 

You agree to and hereby assume all risks (including, but not limited to, the risks of damage caused by hackers, worms, Trojans or other viruses) arising from, connected to or resulting from your use of the Service.

 

Use of the Service

You must not use the Service to access websites or applications or to send or receive messages that:
1. Are defamatory, threatening, intimidating or that could be classified as harassment;
2. Contain obscene, profane or abusive language or material;
3. Contain pornographic material;
4. Contain offensive or derogatory images regarding sex, race, religion, color, origin, age, physical or mental disability, medical condition or sexual orientation;
5. Contain material that infringes any third party’s rights (including intellectual property rights);
6. May adversely affect the manner in which the City, SMG, the Jaguars, or Bold Events operates its activities at the Facility;
7. Invade another’s privacy; or
8. Are otherwise unlawful or inappropriate.
 

In addition, music, video, pictures, text and other content on the internet may be copyrighted or otherwise protected works and you should not download, alter, e-mail or otherwise use such content unless certain that the owner has authorized its use by you.

 

You must not use the Service to access—illegally or without authorization—computers, accounts, equipment, or networks belonging to another party, or to penetrate or attempt to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including port scans, stealth scans, or other information gathering activity.

 

You must not use the Service to distribute viruses, Trojan horses, or other destructive software.

 

You must not use the Service to send unsolicited messages such as "spam" or "junk mail."

 

Access to the Service may not be used for commercial activity. Any sale, redistribution or other unauthorized dissemination of the Service is prohibited.

 

 

You may not use the Service to transmit or aid in transmitting any photographs, images, videos, livestreams or other accounts or descriptions (whether data, text or visual) in any media of all or any part of any NFL football game, any NFL game-related events or activities, or any other event at the Facility (collectively, the "Works"). Any transmission or other distributions to any commercial enterprise, and any public performance or display, are strictly prohibited. Transmission or other distribution by, to, or for any commercial enterprise, and any public performance or display, direct or indirect, are also strictly prohibited. You agree that by using the Service, you shall be understood to have signed this document and granted (a) the NFL, the Jaguars and their respective affiliates an exclusive, worldwide, sub-licensable, transferable, royalty-free license to all copyrights associated with the Works in respect of any NFL game or NFL game-related events or activities; and (b) the Jaguars, Bold Events and their respective affiliates an exclusive, worldwide, sub-licensable, transferable, royalty-free license to all copyrights associated with the Works in respect of any non-NFL event or other event-related events or activities at the Facility.

 

We recommend that you do not use the Service to transit or receive any confidential information or data and should you choose to do so, it is at your own risk.

 

You must not use the Service to engage in any activity that constitutes or is capable of constituting a criminal offense.

 

You acknowledge and agree that the City, SMG, the Jaguars and/or Bold Events may be required to provide assistance and information regarding the Service and your use thereof to law enforcement, governmental agencies or other authorities.

 

You acknowledge and agree that the Authorized Parties may monitor your activity and any communication you make while you use the Service, and keep a log of Internet Protocol (IP) addresses of any devices that access the Service, the times when they have accessed the Service and the activity associated with that IP address’ use of the Service.

 

Limitation of Liability

 

Under no circumstances will any Authorized Party or any of its respective officers, directors, members, managers, employees, agents, partners, and/or affiliates be liable for any consequential, indirect, special, punitive or incidental damages, whether foreseeable or unforeseeable, based on claims relating to or in connection with any use of the Service (including, but not limited to, unauthorized access, damage or theft of the user’s system or data, claims for loss of goodwill, claims for use of or reliance on the Service, stoppage of work, or damage caused to equipment or programs from any virus or other harmful application), or for breach or failure of expressed or implied warranty, breach of contract, misrepresentation, negligence, strict liability or otherwise. No Authorized Party will be responsible for the configurations, security or files on any device that connects to the Service or for any changes you make to your wireless device’s settings.

 

Indemnification

 

You agree to indemnify, defend and hold harmless the Authorized Parties and their respective officers, directors, members, managers, employees, agents, partners and/or affiliates from any claim, liability, loss, damage, cost or expense (including, without limitation, reasonable professional’s fees) arising out of or relating to your use of the Service. This section does not limit or exclude any other claims or remedies that any Authorized Party may have under these terms and conditions or law.

 

Other Terms

 

Any waiver of these terms and conditions will not be effective unless in writing and signed by the party against whom enforcement is sought.

 

If any provision of these terms and conditions is deemed to be illegal, invalid or unenforceable, in whole or in part, such illegality, invalidity or unenforceability will not affect any other provision of these terms and conditions.

 

These terms and conditions constitute the entire statement of all terms, conditions and representations between you and the Authorized Parties with respect to the subject matter hereof.

 

The laws applicable to the interpretation of these terms and conditions shall be the internal laws of the State of Florida without reference to its conflict of law provisions that would cause the application of laws of another jurisdiction.