Comprehensive Free Wifi Terms

PUBLIC WI-FI ACCESS TERMS AND CONDITIONS

This agreement sets out the terms and conditions on which wireless internet access (“the Service”) is provided free of charge to members and guests of the Cincinnati Sports Mall, Inc., d/b/a Cincinnati Sports Club (the “Cincinnati Sports Club”).

Your access to the Service is completely at the discretion of the Cincinnati Sports Club. Access to the Service may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of this Agreement, actions that may lead to liability for the Cincinnati Sports Club, disruption of access to other users or networks, and violation of applicable laws or regulations. The Cincinnati Sports Club reserves the right to monitor, collect, and store information about your device and your use of the Service. The collected information can be used at the sole discretion of the Cincinnati Sports Club, including by sharing your information with law enforcement agencies, the Cincinnati Sports Club partners and/or the Cincinnati Sports Club vendors, and to unaffiliated third parties by operation of law, regulation, or court order.

The Cincinnati Sports Club may revise this Agreement at any time. You must accept this Agreement each time you use the Service and it is your responsibility to review it for any changes each time.

We reserve the right at all times to withdraw the Service, change the specifications or manner of use of the Service, to change access codes, usernames, passwords or other security information necessary to access the service.

IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING CHANGES THERETO, DO NOT ACCESS OR USE THE SERVICE.

  1. DISCLAIMER. You acknowledge the following:

    1. that the Service may not be uninterrupted or error-free;

    2. that your device may be exposed to viruses or other harmful applications through the Service;

    3. that the Cincinnati Sports Club does not guarantee the security of the Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection;

    4. that the Cincinnati Sports Club’s ability to provide the Service without charge is based on the limited warranty, disclaimer and limitation of liability specified in this Section and it would require a substantial charge if any of these provisions were unenforceable;

    5. that the Cincinnati Sports Club can at any point block access to content for any reason, including the Cincinnati Sports Club's determination that they violate the acceptable uses outlined in Section 2.

    6. The Service and any products or services provided on or in connection with the service are 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 services, goods, or content accessed through the Service, whether express or implied, arising by law, custom, prior oral or written statements by the Cincinnati Sports Club, or otherwise (including, but not limited to any warranty of satisfactory quality, merchantability, fitness for particular purpose, title and non-infringement) are hereby expressly overridden, excluded and disclaimed.

       

  2. ACCEPTABLE USE OF THE SERVICE

    1. You must not use the Service to access content or send or receive electronic messages, whether via e-mail, social media, or other platform, which:

      1. are defamatory, threatening, intimidating or which could be classed as harassment;

      2. contain obscene, profane or abusive language or material;

      3. are pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);

      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 which infringe third party’s rights (including intellectual property rights);

      6. in our reasonable opinion may adversely affect the Service, other users' use of the Service, or the manner in which we carry out our work;

      7. are bulk and/or commercial messages;

      8. contain forged or misrepresented message headers, whether in whole or in part, to mask the originator of the message;

      9. are activities that invade another’s privacy; or

      10. are otherwise unlawful or inappropriate.

    2. Music, video, pictures, text and other content on the internet are protected by federal copyright law. You should not download, share, distribute, alter, e-mail or otherwise use such content unless certain that the owner of such works has authorized its use by you.

    3. You must not use the service to access or attempt to access illegally or without authorization any computer, account, equipment, network or system, or to penetrate or attempt to penetrate security measures of any computer, account, equipment, network or system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.

    4. You must not use the service to distribute malware, internet viruses, trojan horses, or other destructive or malicious software.

    5. The Service is provided solely for the Cincinnati Sports Club's members and guests. All other access is prohibited.

    6. You shall not use the Service for commercial activity.

    7. We may terminate or suspend your access to the Service if we believe that you are in breach of any provisions of these Terms and Conditions.

    8. We recommend that you do not use the service to transmit or receive any confidential information or data. By agreeing to these Terms and Conditions, you understand and agree that the use of any publicly accessible wi-fi system, including the Service, creates significant security, privacy, and confidentiality risks, and that you are solely responsible for any losses, damages, or claims resulting from such risks.

       

  1. OTHER TERMS

    1. Under no circumstances will the Cincinnati Sports Club, its suppliers or licensors, or their respective officers, directors, employees, agents, contractors, and affiliates and parent be liable for consequential, direct, indirect, special, punitive or incidental damages, whether foreseeable or unforeseeable, based on claims of any user of the Service or his or her appointees (including, but not limited to, unauthorized access, damage, or theft of your system or data, claims for loss of goodwill, claims for loss of data, use of or reliance on the service, stoppage of other work or impairment of other assets, or damage caused to equipment or programs from any virus or other harmful application), whether arising out of acts or omissions, breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, recklessness, strict liability in tort, or any other theory of law.

    2. You agree to indemnify and hold harmless the Cincinnati Sports Club and its suppliers, licensors, officers, directors, employees, agents and affiliates from all claims, liabilities, losses, damages, costs, or expenses (including without limitation reasonable attorney's fees) (collectively, "Losses") arising out of or related to your use of the Service, including but not limited to Losses related to any materials downloaded or uploaded through the Service, any actions taken by you in connection with the Service, any violation of any third party's rights or any violation of law or regulation, or any breach of these Terms and Conditions. This Section will not be construed to limit or exclude any other claims or remedies that the Cincinnati Sports Club may assert under this Agreement or by law.

    3. You agree that you are fully and solely responsible for the use of the Service by any individual through any device that you own or control (whether such use is proper, improper, lawful, unlawful, authorized, or unauthorized). For the purposes of these Terms and Conditions, including your indemnification obligations under Section 3.2, any use of the Service by any individual through any device that you own or control shall be considered to be "your use of the Service."

    4. Any waiver, amendment or other modification of this Agreement will not be effective unless in writing and signed by the party against whom enforcement is sought. If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement.

    5. Any controversy arising out of or relating to these Terms and Conditions or the interpretation thereof may at the election of either party be settled exclusively and finally by arbitration. The arbitrator may award declaratory or injunctive relief only in connection with your individual claim and only to the extent necessary to provide relief warranted by your individual claim. Further, unless both parties agree otherwise, 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. You agree that, by agreeing to these Terms and Conditions, you are waiving the right to a trial by jury or to participate in a class action. YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

    6. The Cincinnati Sports Club’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement shall waive or impede the Cincinnati Sports Club’s right to comply with law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by the Cincinnati Sports Club with respect to such use. This Agreement constitutes the complete and entire statement of all terms, conditions and representations of the agreement between you and the Cincinnati Sports Club with respect to its subject matter and supersedes all prior writings or understanding.

       

By agreeing to the terms of service, I confirm that I accept these terms and conditions as the basis of my use of the wireless internet access provided.

 

 

 

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