TERMS OF USE

Last updated: May 22, 2025



PLEASE READ THESE TERMS OF USE (THE “TERMS”) CAREFULLY. ACCESS OR USE OF THE DOWNLOADABLE MOBILE APPLICATION, PANTHERS GAMEDAY APP (THE “APPLICATION”), AVAILABLE FROM THIRD PARTY APPLICATION STOREFRONTS, AND ANY SERVICES (DEFINED BELOW) IS SUBJECT TO THESE TERMS.


(“we”, “us” or the “Company”) maintains the “Application” as a service to our users ( “You” or the “users”), together with Florida Panthers Foundation, Inc and the Company’s affiliates or agents. By downloading, accessing or using this Application, and mobile games, social or interactive games and all materials contained in connection with the Application (collectively, the “Digital Properties”) in any way, including using the services and resources available or enabled via the Digital Properties (each a “Service” and collectively, the “Services”), completing the account registration process, clicking on “I Accept” buttons, and/or browsing the Application, you represent that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with the Company, and (3) you have the authority to enter into these Terms. Your use of the Application is voluntary. If you do not agree to be bound by these Terms, you may not access or use the Application or the Services in any manner.


If you have any questions, comments, or concerns regarding these Terms or the Application, please contact us at support@FlaPanthersGameday.com.


Changes to the Terms


The Terms may change from time to time, in our sole discretion, but we will place a notice within the Application of any such material changes or notify you by some other means. Your continued use of the Application following the posting of revised Terms means that you accept and agree to the changes. If any update to the Terms is unacceptable to you, you must immediately terminate your use of the Application and delete your account within the Application accordingly.


The Services contained in the Application include mobile games and social or interactive games, hockey team statistics, and other offerings in connection with the games, including food and beverage, tickets and merchandise. By using the Application, we remind you that you are and remain subject to these other vendors’ own terms of service, as applicable.


Account Registration and Restrictions


Account Registration. By creating an account and using the Application, you agree to provide accurate, current, and complete account information about yourself, and to maintain and promptly update your account information as necessary. You must only create one account on behalf of yourself. We reserve the right to reclaim usernames.


Age Requirement. You certify that you are 18 years of age or older. If you are under the age of 18, you may not use or access the Application.


Account Security. You are responsible for the security of your account for the Application, and we assume no responsibility therefor. Your right to use the Application, any password or right given to you to obtain information are not transferable. If you become aware of any unauthorized use of your password or of your account with us, you agree to notify us immediately at support@FlaPanthersGameday.com.


We have the right to enforce the rules, instructions and standards set forth in these Terms in connection with your use of the Application and any Services, and you agree to comply with such rules, instructions and standards. You understand that your failure to do so may result in termination of your account and participation in the Application.


Application Updates


You understand that the Application or other Digital Properties are evolving. As a result, the Company may require you to accept updates to the Application that you have installed on your mobile device. You acknowledge and agree that Company may update the Application with or without notifying you. You may also need to update third-party software from time to time in order to use the Digital Properties.


Restrictions of License; Intellectual Property


The materials displayed or performed or available on or through the Application, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) on or through the Application are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. At all times, you promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Application. Subject to your compliance with these Terms, the Company hereby grants you a limited, non-exclusive, non-sublicensable, revocable license to download, install, access and use a copy of the Application on a single mobile device that you own or control solely for your own personal use.


The Company, along with applicable owners and licensors, retain all rights to the Application and other Digital Properties, including, but not limited to, all copyright, trademark, right of publicity and other proprietary rights, however denominated. Except for downloading one copy of the Application for your personal, non-commercial use, you must not use, copy, reproduce, modify, translate, publish, prepare derivative works based upon, distribute, perform, upload, license, sell, commercialize, display or otherwise exploit (“Exploit”) for any purpose the Digital Properties or any Content not owned by you without first obtaining the prior written permission of the Company or owner of that Content. You will not Exploit any Content within the Application in any unauthorized manner or in a way that violates someone else’s (including the Company’s) rights. For the avoidance of doubt, all third party trademarks (including logos and headshots) included in the App remain the property of their respective owners and we do not own any of the team, league, headshots or event trademarks or uniforms depicted within the App. Our use of third party trademarks and/or headshots does not indicate any relationship, sponsorship, or endorsement between us and the owners of these trademarks and headshots.


Acceptable Use


You represent, warrant and agree that you will not use or interact with the Application in a manner that:

Violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by the Company.

Is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.

Jeopardizes the security of your account or anyone else’s.

Runs any form of auto-responder, “scrape” or “spam” on the Application, or any processes that otherwise interfere with the proper working of the Application.

Infringes or violates the intellectual property rights or any other rights of anyone else (including the Company).


A violation of any of the foregoing is grounds for termination of your right to use or access the Application.


Third-Party Offerings and Linking


The Digital Properties may contain links and or connections to third-party websites or services or products that are not owned or controlled by us, including, without limitation, third-party sales locations and third-party social networking features. Links to such other websites or services or products maintained by third parties do not constitute an endorsement by the Company of any such third-party website or services or products. When you access third-party websites or use third-party services or products, you accept that there are risks in doing so, and that the Company is not responsible for such risks. We have no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or any other practices of any third-party websites or by any third-party that you interact with through the Application. In addition, the Company is not responsible for the availability of these third-party resources or their contents. We will not and cannot monitor, verify, censor or edit the content of any third-party site or service or product.


We encourage you to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. You should direct any concerns regarding any external link to the administrator of the applicable third-party website or location. By using the Application, you release and hold us harmless from any and all liability arising from your use of any third-party website or service or product. If there is a dispute between users and any third party, you agree that the Company is under no obligation to become involved.


You also acknowledge and agree that the availability of the Application may depend on the third party from which you received the Application’s license, e.g., the Apple’s App Stores or Google’s Play Stores (“App Store”). Furthermore, you will only use the Application accessed through or downloaded from an App Store.


Payment; Billing


Account Transactions.  Transactions that take place within the Application are managed through a third-party payment processor (the “Payment Processor”). The Payment Processor will charge your specified account for any payment you choose to make in connection with the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. You authorize the Company, or its Payment Processor, to bill you for the purchase amount and to share any payment information and instructions required to complete the payment transactions (e.g., credit card transaction processing). The Company is not responsible for any error by, or other acts or omissions of, the Payment Processor. The Company reserves the right to correct any errors that the Payment Processor makes even if it has already requested or received payment.


DISCLAIMER OF WARRANTIES


USE OF THE APPLICATION OR OTHER CONTENT HEREIN, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.


THE APPLICATION AND CONTENT, ALL PRODUCTS, MERCHANDISE, TICKETS AND SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES BUT IS NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE COMPLETENESS, RELIABILITY, QUALITY, ACCURACY OF THE CONTENT OR APPLICATION, OR THAT THE USE OF THE APPLICATION OR CONTENT WILL BE INTERRUPTED OR ERROR-FREE.


LIMITATION OF LIABILITY


TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WTIHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE), SHALL THE COMPANY BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE APPLICATION (INCLUDING BUT NOT LIMITED TO ANY PRODUCTS AND/OR SERVICES MADE AVAILABLE THROUGH THE APPLICATION, OR (B) ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE APPLICATION (INCLUDING BUT NOT LIMITED TO ANY PRODUCTS AND/OR SERVICES MADE AVAILABLE THROUGH THE APPLICATION) OR CONTENT, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.


YOU AGREE TO PROVIDE WRITTEN NOTICE OF ANY CLAIM OR DISPUTE TO THE COMPANY WITHIN ONE YEAR OF THE CLAIM OR DISPUTE ARISING.


Indemnification


You hereby agree to indemnify, defend and hold the Company harmless from all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees and expenses) of any kind or nature arising out of or relating to: (i) your use of the Application, including but not limited to any products, merchandise, tickets and/or Services purchased or made available via the Application; or (ii) any alleged breach of these Terms by you; and in any case whether or not your acts or omissions are intentional, reckless or negligent.


Termination


The Company may change, suspend or discontinue any aspect of the Application or Digital Properties at any time, including the availability of the Application, Content, or other feature, including any product, merchandise, ticket offering, or the Services. The Company may also impose limits on certain offerings and features or restrict your access to parts, or the entirety, of the Application or the Services without notice or liability at any time in the Company’s exclusive discretion, without prejudice to any legal or equitable remedies available to the Company.


Dispute Resolution


YOU SHOULD READ THIS SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.


You may contact us at to address any concerns you may have regarding the Application. The Company and you agree to use best efforts through informal resolution processes to settle any dispute, claim, question, or disagreement and engage in good faith negotiations, which shall be a condition to either party initiating a lawsuit or arbitration.


Any dispute or claim arising out of or relating to these Terms or your use of the Application (“Dispute”) shall be governed by, and construed and interpreted in accordance with, the laws of the State of Florida, without regard to conflict of laws principles.


You irrevocably consent to the exclusive jurisdiction of the federal and state courts in the State of Florida or purposes of any legal action and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (i) inconvenient forum or (ii) any other basis or any right to seek to transfer or change venue of any such action to another court.


YOU UNDERSTAND AND AGREE THAT YOU WILL RESOLVE ANY DISPUTES WITH THE COMPANY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Your claim may not be joined with any claim of any other person, and there shall not be authority for any dispute to be resolved on a class-action basis.

WAIVER OF JURY TRIAL. You understand and agree that by entering into this Agreement, you and the Company are each waiving the right to a jury trial or a trial before a judge in a public court.


Privacy Notice


Our Privacy Policy, available at https://www.flapanthersgameday.com/privacy-policy.html describes the ways we collect, use, store and disclose your personal information and is hereby incorporated by reference into these Terms. By using any of the Services or by agreeing to these Terms, you also agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy.


Miscellaneous


Entire Agreement. These Terms constitute the entire agreement between the parties with respect to the subject matter herein. You understand and agree that this agreement does not amend, modify or replace any other agreements, waivers or releases that you have entered into with the Company.


Survival. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example only, all of the following will survive termination: any obligations you have with respect to confidential information, any obligations to indemnify us, any limitations on our liability, all of our disclaimers, any terms regarding rights to or ownership of intellectual property, and any terms regarding disputes between us.


Waiver and Severability. If any term in these Terms is declared unlawful, void or for any reason unenforceable by any court, such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of remaining terms. The section headings in these Terms are for convenience only and must not be given any legal significance.


Governing Law. These Terms shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Nothing contained herein is in derogation of the Company’s right or obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Application.