By accessing and playing the Dunk Domination game (“Dunk Domination”), developed by Infosys Limited, you acknowledge and agree to the following terms and conditions:
1. Eligibility: You must be at least 18 years old and located within the geographic area extending one hundred fifty (150) miles from White Plains, NY in order to play Dunk Domination. If you do not meet the eligibility requirements of this section, then you are not permitted to play Dunk Domination and you agree that you will not access or play Dunk Domination.
2. Assumption of Risk: You understand and acknowledge that playing Dunk Domination, especially in environments such as roads or homes, may involve certain risks, including but not limited to physical injury, property damage, or other hazards. You voluntarily assume all risks associated with accessing or playing Dunk Domination
3. Release of Liability: To the fullest extent permitted by law, you hereby release, waive, and discharge Infosys Limited, Westchester Knicks, LLC, MSG Sports, LLC, NBA Development League, LLC which operates commercially as NBA G-League and its member teams, Madison Square Garden Entertainment Corp., and their respective owners, parent companies (whether direct or indirect), subsidiaries (whether direct or indirect), and affiliates, and any of the officers, directors, employees, agents, licensees, successors and assigns of any of the foregoing (collectively, the “Released Parties”) from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury that may be sustained by you or any third party in connection with your access, use and/or playing of Dunk Domination.
4. Indemnification: You agree to indemnify, defend, and hold harmless each of the Released Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your access, use and/or playing of Dunk Domination, including but not limited to any claims of third parties.
5. Warranty Disclaimer: DUNK DOMINATION AND ALL RELATED CONTENT, PRODUCTS, AND MATERIALS ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, 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. THE RELEASED PARTIES DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, 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. THE RELEASED PARTIES DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF DUNK DOMINATION; THAT DUNK DOMINATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF DUNK DOMINATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DUNK DOMINATION WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SERVICES OR EQUIPMENT; OR THAT ANY ERRORS IN DUNK DOMINATION WILL BE CORRECTED.
6. Availability: You acknowledge and agree that Infosys Limited reserves the right, in its sole discretion, to cease making available Dunk Domination at any time and for any reason.
7. Acceptance of Terms: By playing Dunk Domination, you acknowledge that you have read, understood, and agree to be bound by these Terms and the Infosys Limited Privacy Statement. If you do not agree to these Terms, you must not access or play Dunk Domination. These Terms apply regardless of the device used to access Dunk Domination, including without limitation a personal computer, mobile device, consumer electronics device, or any other technology or software known today or developed in the future.
8. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles, and I expressly submit to the jurisdiction of all federal and state courts located in the State of New York.
