These TOS were last modified on February 24 2009.
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TERMS OF SERVICE
The member clubs of the NHL (the "Teams") and NHL Interactive CyberEnterprises, LLC ("NHL ICE", and together with the Teams, the “NHL Parties”) provide the Websites, the Content and the Services to you subject to the TOS. NHL ICE may amend the TOS from time to time without notice to you, but if it does so, it will post the amended TOS on the Websites. We encourage you to review the TOS from time to time for possible changes. Your continued use of or access to the Websites, the Services or the Content after any amendment of the TOS signifies your agreement to the amended TOS. In addition, when using or accessing any Services or any Content, you will be subject to any additional posted guidelines or rules applicable to such Services or Content. All such additional guidelines or rules are hereby incorporated by reference into the TOS.
SERVICES AND CONTENT
The NHL Parties currently provide users with various features and services, including bulletin boards, fan-to-fan chats, social media, shopping, auctions, NHL Network Online and Team video offerings, NHL Game Audio, NHL GameCenter Live, fantasy games, and other interactive and non-interactive features, all of which may be updated, deleted or otherwise modified from time to time at the discretion of the NHL Parties. In addition, the NHL Parties also provide access to certain footage (video and audio), photographs, text, images, statistics, logos and other media and intellectual property related to or otherwise associated with the National Hockey League, its member clubs and the sport of hockey (collectively, the "Content"). Some of our features, services and Content require an access fee (the "Pay Services") and others are free to use without the payment of an access fee (the "Basic Services"). The Basic Services and the Pay Services, including all features, services and Content on the Websites, are collectively referred to as the "Services". Unless stated otherwise, the Websites, the Services and the Content are subject to the TOS. You understand and agree that the Websites, the Services and the Content are provided "AS-IS" and that the NHL Entities (as defined below) assume no responsibility in connection with your use of the Websites, the Services or the Content. The Websites, the Services and the Content are provided for your personal, non-commercial use, entertainment and enjoyment. Under the TOS, you may download or stream certain Content and Services available on the Websites to a single personal computing device for your personal use and entertainment. You may not use any of the Content or Services for commercial purposes. The Services may not be viewed in areas open to the public or in commercial establishments where multiple people can view it at the same time. Further, you may not copy, distribute, modify, republish, broadcast, retransmit or publicly display any of the Content or Services, create derivative works of them, charge admission for their viewing, or transmit or distribute running accounts of them, unless you have the prior written permission of NHL ICE, which permission may be withheld in NHL ICE's sole discretion. The Content is provided for your reference only, and you should not rely upon it for any purpose. NHL ICE is not responsible for the Content's accuracy and reliability. It is your responsibility to impose any viewing restrictions on other family members or guests, as you think appropriate. NHL ICE is not responsible to you or anyone else based on the content of the Content or Services.
ACCESS TO SERVICES
In order to use the Websites or the Services or access the Content, you must obtain access to the World Wide Web and pay any access fees which are associated with the Pay Services as applicable. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.The Services are subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.Programming, pricing, terms and conditions of Services are subject to availability and change.
Subscription activation for Pay Services, and subsequent ability to access Pay Services, may be subject to approval of your valid major credit card and verification of other information that you submit or is otherwise obtained by NHL ICE (e.g., your IP address). Scheduled games may be cancelled or substituted when necessary. Applicable taxes are not included and are the responsibility of the subscriber.
Blackout restrictions apply to Services which allow you to watch video of live games, including NHL GameCenter Live. Blackout restrictions are designed to protect the television rightsholders in the competing teams’ respective local telecast territories, as well as national telecasters of NHL games. Blackouts are not based on arena sellouts. Blackout areas for GameCenter Live may be broader than those for the Center Ice TV package.
With respect to NHL GameCenter Live, during the regular NHL season and the NHL Playoffs, if (i) you are located within the applicable National Hockey League team's local telecast territory (except for certain local telecast territories for which NHL ICE may offer in-market subscription services) or (ii) a National Hockey League game is being televised nationally in your country or programming area, the scheduled webcast of that team's games (for subscribers covered by part (i) above) or of the nationally televised game(s) (for subscribers covered by part (ii) above), as applicable, will be blacked out.
For example, if the New York Rangers are playing the Calgary Flames, the local telecast territories of the Rangers and Flames will be blacked out on NHL GameCenter Live, regardless of whether the game is televised locally. Similarly, if a game between the Rangers and Flames is being telecast nationally in your country or programming area, you will be blacked out on NHL Center Ice Online for this game, regardless of whether you are able to receive the national telecast.
IF YOU CIRCUMVENT OR ATTEMPT TO CIRCUMVENT ANY BLACKOUT RESTRICTION OR OTHER USE RESTRICTION: YOUR SUBSCRIPTION WILL BE SUBJECT TO IMMEDIATE TERMINATION AND A CHARGE OF ONE HUNDRED DOLLARS ($100.00) FOR EARLY TERMINATION WILL BE APPLIED TO YOUR CREDIT CARD; YOU MAY BE SUBJECT TO LEGAL ACTION; AND NHL ICE RESERVES THE RIGHT TO REPORT SUCH MISCONDUCT TO APPROPRIATE LAW ENFORCEMENT AUTHORITIES.
NHL Center Ice and NHL GameCenter Live may not include access to the final two rounds of the NHL playoffs (including the Stanley Cup Finals). For more information about NHL GameCenter Live, please go to http://gamecenter.nhl.com/nhlgc/help.htm
In order to use some of the Services, you may be required to register with the NHL Parties by providing certain information about yourself, including your name and e-mail address. In consideration of your use of the Services which require registration, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for any of the Services, subject to all applicable laws. If you provide any information that is untrue, inaccurate, incomplete or not current, or NHL ICE has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, NHL ICE has the right to suspend or terminate your password and refuse any and all current or future use of the Services.
USER PASSWORD AND SECURITY
You will receive a password upon completing the registration process for use of the specific Services that require registration. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password. You acknowledge and agree that the NHL Entities and their vendors have no responsibility or liability for any loss or damage arising from your failure to comply with this Section 6.
You agree that in connection with your use of the Website, the Services and the Content you will not:
upload, post, email or otherwise transmit or link to any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of anyone's privacy, hateful, fraudulent, pornographic, profane, offensive, or racially, ethnically or that the NHL Parties judge to be otherwise objectionable, or that discloses personal or private matters concerning any person, restricts or inhibits any other person from using or enjoying any Website, or may expose the NHL Parties or their users to any harm or liability of any type, in each case as determined by the NHL Parties;
intimidate or harass another through either affirmative or passive means (offenders risk suspension and/or banishment from the Websites, as each member is solely responsible for his or her interactions with other members);
post topics with the sole purpose of starting a dispute; visit team forums to cheer against or demean that specific team or cheer for their opponents; wish illness or injury on any member of the NHL or its affiliates, or on other Website members; or otherwise attempt to sow discord among any of the NHL Parties’ properties;
harm or attempt to harm minors in any way;
impersonate any person or entity, including, but not limited to, a National Hockey League official, an NHL member club official, a current or former NHL member club player or a Website forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party;
upload, post, email or otherwise transmit any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
harvest or collect email addresses or other contact information of other users from the Services or the Websites by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
upload, post, email or otherwise transmit any material that contains software viruses, worms, "Trojan Horses," or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Websites, the Services, the Content or servers or networks connected to the Websites, the Services or the Content, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites, the Services or the Content; or
intentionally or unintentionally violate, or encourage the violation of, any applicable local, state, national or international law.
The NHL Parties reserve the right, but have no obligation, to become involved in any way with disputes between you and other Website members, and to resolve said disputes any way in which the NHL Parties see fit.
Do not forget that when using any public forum offered via any Website (e.g. NHL Connect), your profile and posts of any kind (e.g. blogs, photos, videos, comments) are public. Refrain from posting anything you wouldn't want the world to know (e.g. your phone number, address, IM screen names, or specific whereabouts), and keep in mind that anything you post can be viewed by anyone - parents, extended family, teachers, boss, etc.
With respect to any messages, information, data, graphics, photographs, images, creative ideas, concepts, know-how, techniques, suggestions or improvements or other content that you transmit, submit, post or upload to the Websites and/or in connection with any of the Services (each, a "Message"), you are, by transmitting or uploading such Message, granting the NHL Parties a perpetual, royalty-free, sub-licensable, non-exclusive, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, and distribute such Message for any purpose and in any form. This license is granted automatically and no payment of any kind will be due to you. At times, the NHL Parties may solicit Messages from users. Your provision of any such Messages in response to a solicitation by the NHL Parties shall be subject to a grant of a license to the NHL Parties as specified above.
The NHL Parties have the right, but not the obligation, in their sole discretion, to review, edit or delete any Message or user name for any reason their sole discretion. The NHL Parties may also deny access to the Message features of the Websites for any reason in their sole discretion. It is the policy of the NHL Parties to fully cooperate with law enforcement authorities and court orders which request or require the NHL Parties to disclose personal information or the postings of anyone posting Messages to the Websites or any of the Services. Although the NHL Parties and their vendors may monitor and/or review Messages from time to time, they are under no obligation to do so and the NHL Parties do not assume any liability or responsibility with respect to any Messages, including those that contain errors, defamatory content, pornography, profanity or inaccuracies.
You acknowledge and agree that the Messages and your user name are not confidential, and may be read, intercepted by others, and accessible on the World Wide Web. You further acknowledge and agree that neither submission of Messages to the Websites nor the TOS creates a confidential or fiduciary relationship between you and the NHL Parties or their vendors, and that the NHL Parties and their vendors may preserve Messages and may also disclose Messages if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Message violates the rights of third parties; or (d) protect the rights, property or personal safety of the NHL Parties, their users and the public. You understand that the technical processing and transmission of the Services, including Messages, may involve (i) transmissions over various networks and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
The NHL Parties may offer you the opportunity to vote in connection with certain events, including NHL All Star Fan Balloting. By casting your vote, you are agreeing to abide by the TOS and any and all voting guidelines posted on the applicable Website.
Notwithstanding any other term of this Agreement or any act or failure to act by the NHL Entities or their vendors, you agree to indemnify, defend and hold harmless NHL ICE, NHL Enterprises, L.P., NHL Enterprises Canada, L.P., NHL Enterprises B.V., the National Hockey League and its member Clubs, and each of their respective officers, directors, governors, owners, other officials, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns (collectively, the "NHL Entities") from and against any claim or demand, including reasonable attorneys' fees, arising out of (i) Messages you post to, submit or transmit through the Websites or the Services (including any links to other World Wide Web sites or resources contained in such Messages), (ii) your use of the Websites or the Services, (iii) your participation in any activities arising from the Websites, (iv) your connection to the Websites or the Services, (v) your violation of, or failure to perform your obligations under, the TOS or (vi) your violation of any rights of another.
MODIFICATIONS TO WEBSITES, INCLUDING THE SERVICES
NHL ICE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Websites or the Services (or any part thereof) with or without notice. You agree that the NHL Entities shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Websites or the Services; provided that the applicable NHL Party will provide a pro-rata refund for any Pay Services which are discontinued or otherwise cancelled prior to the conclusion of the term for which payment has been received.
You agree that the NHL Parties and their vendors, in their sole discretion, may terminate your password or use of the Websites and/or the Services, and remove and discard any Message within the Services, for any reason, including, without limitation, for lack of use or if the NHL Parties believe that you have violated or acted inconsistently with the letter or spirit of the TOS. The NHL Parties may also in their sole discretion and at any time discontinue providing the Websites or the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that the NHL Parties and their vendors may immediately deactivate or delete your password and all related information and/or files corresponding to your password and/or bar any further access to such files or the Services. Further, you agree that the NHL Entities shall not be liable to you or any third party for any termination of your access to the Services other than as expressly provided for in Section 11 or 22 in connection with early termination of a Pay Service.
NHL ICE ADVERTISERS AND VENDORS
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Services or the Websites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that the NHL Entities shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Websites or in connection with the Services. All of your business dealings with vendors and advertisers appearing on the Websites or in connection with the Services, including shop.nhl.com, shall be at your sole risk.
THIRD PARTY MATERIALS, SERVICES AND EXTERNAL LINKS
The Websites and/or the Services may provide, or third parties may provide, links to other World Wide Web sites or resources; other World Wide Web sites or resources may provide links to the Website. Because the NHL Entities have no control over such sites and resources, you acknowledge and agree that the NHL Entities are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the NHL Entities shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource, or the actions of the operators of any such site or resource.
You acknowledge and agree that (i) NHL, the NHL Shield, the word mark and image of the Stanley Cup, and NHL Conference logos are registered trademarks of the National Hockey League; (ii) all NHL logos and marks and NHL member club logos and marks as well as all other proprietary materials depicted on the Websites, the Services and the Content are the property of the NHL and the respective NHL member clubs or are licensed to the NHL Parties and may not be reproduced without the prior written consent of NHL Enterprises, L.P. (or its designee); and (iii) the Content, including, without limitation, news articles, press releases, statistics, player biographies, photographs, images, illustrations, audio and video clips, is the property of, or is licensed by, NHL ICE or one or more of the other NHL Entities. You further acknowledge and agree that (i) any necessary software used in connection with the Websites, the Services and the Content (the "Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws and is either owned by or licensed to NHL ICE; and (ii) content contained in sponsor advertisements or information presented to you through the Websites, the Services and the Content or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the NHL Entities or advertisers, you agree not to reproduce, republish, upload, post, transmit, distribute, copy, publicly display or otherwise use the Content, the Software or any derivative works based on the Websites, the Services, the Content or the Software, in whole or in part. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by the NHL Parties for use in accessing the Services. Other than a limited right of personal use in connection with your personal, non-commercial use of the Websites, the Services and the Content, you will have no rights to the Software.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITES, THE SERVICES, THE CONTENT AND ANY THIRD PARTY MATERIALS IS AT YOUR SOLE RISK. THE WEBSITES, THE SERVICES, THE CONTENT AND ANY THIRD PARTY MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE NHL ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE NHL ENTITIES MAKE NO WARRANTY THAT (i) THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES, THE SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE WEBSITES, THE SERVICES, THE CONTENT, OR THE THIRD PARTY MATERIALS WILL BE CORRECTED, AND (vi) THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL DOWNLOADED, STREAMED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, STREAM OR ACCESS OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITES OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE NHL ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE NHL ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITES, THE SERVICES OR THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS POSTED BY, OR THE CONDUCT OF, ANY THIRD PARTY ON THE WEBSITES, THE SERVICES OR IN THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE POSTING OR TRANSMISSION BY THIRD PARTIES OF DEFAMATORY, OFFENSIVE OR ILLEGAL MATERIAL; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY ERROR, OMISSION OR OTHER FAILURE OF PERFORMANCE BY THE NHL ENTITIES, THEIR AFFILIATES AND BUSINESS PARTNERS; ANY INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, INCLUDING COMMUNICATION LINE FAILURE; ANY COMPUTER VIRUS; AND ANY THEFT, DESTRUCTION OR ALTERATION OF, OR UNAUTHORIZED ACCESS TO OR USE OF, ANY ELECTRONIC RECORDS.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE NHL ENTITIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE TERMS OF SECTION 17 ABOVE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE NHL ENTITES TO YOU EXCEED THE FEES PAID BY YOU (IF ANY) FOR THE SERVICE OR CONTENT GIVING RISE TO SUCH LIABILITY.
The NHL Parties may provide notices to you via email or postal mail. The NHL Parties may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Websites or by posting an amended TOS on the Websites. You may provide notices regarding all Websites that are not NHL member club Websites to NHL ICE by email at email@example.com or by postal mail at NHL ICE, 1185 Avenue of the Americas, 11th Floor, New York, NY 10036, U.S.A. You may provide notices regarding all NHL member club Websites to the applicable NHL member club, at the address set forth on the applicable NHL member club Website.
LINKING TO THE WEBSITES AND EMBEDDING CONTENT
No link to any of the Websites may be "framed" to the extent such frame contains any sponsorship, advertising or other commercial text or graphics. All links to the Websites must be to the applicable Website's home page. "Deep Linking" to internal pages of the Websites is expressly prohibited.
Certain Services may provide you with the ability to embed Content into other web pages, such as features of the NHL Network Online and the Team video players at nhl.tv that enable you to embed NHL video into your blog, fan site or other web page. All use of embedded Content must be for non-commercial purposes only, and may be disabled by the NHL Parties at any time. Prohibited commercial uses include any of the following actions taken without the express approval of the NHL Parties:
selling access to embedded Content on another website;
using embedded Content for the primary purpose of gaining advertising or subscription revenue;
creating a website that does nothing more than aggregate a collection of embedded Content and intentionally trying to generate ad revenue from them;
using embedded Content that the NHL Parties find, in their sole discretion, to use NHL Party resources with the effect of competing with or displacing the market for Content.
Prohibited commercial uses do not include using embedded Content to show NHL videos on an ad-enabled blog or fan website, provided the embedded Content is not used to gain advertising revenue or compete with the Websites or the NHL Parties
You may order products and services online from shop.nhl.com, the Official NHL Store (the "Store"). By placing an order through the Store, you agree to pay all amounts payable for such order, including taxes and shipping and handling expenses, and to be bound by the other terms applicable to such services as described at the Store. Our third-party provider is solely responsible for the fulfillment of orders placed through the Store, for shipping products and for billing for products and services ordered through the Store. Visit the Store to find out how you may contact our third-party provider.
Registration and Security
You must complete a registration form to subscribe to all applicable Pay Services and to open a related account. As part of the registration process, you must select a user name and password. You must also provide certain registration information, all of which must be accurate and complete. You will not (i) select or use the user name of another person with the intent to impersonate that person, (ii) use a user name in which another person has rights without such person's authorization, (iii) use a user name that NHL ICE, in its sole discretion, deems offensive, (iv) permit any third party to use or access your Pay Service accounts using your user name and password, or (v) assign, transfer or sublicense your right to use or access any Pay Services to a third party. Failure to comply with any of the foregoing shall constitute a breach of the TOS, which may result in the immediate termination of your Pay Service accounts. In such case, you may also be responsible for damages resulting from your breach of the TOS.
By registering for a Pay Service, you warrant that: (a) you are of age of majority in the jurisdiction in which you reside; (b) all information you submit is true and correct (including without limitation all credit card information); and (c) you are the card holder of the credit card.
You will promptly notify NHL ICE at firstname.lastname@example.org of any known or suspected unauthorized use of your Pay Service accounts or any known or suspected breach of the security of your Pay Service accounts, including loss, theft or unauthorized disclosure of your password or credit card information. You will promptly change your password upon any loss, theft or unauthorized disclosure of your password.
You are responsible for maintaining the confidentiality of your password and for all usage or activity on your Pay Service accounts, including use of the Pay Services by any third party authorized by you to use your user name and password. Such responsibility expressly includes any purchases made or other charges incurred on your credit card in connection with your use (or an authorized third party's use) of the Pay Services. In the event of any fraudulent, abusive or otherwise illegal activity on your Pay Services accounts, NHL ICE may, in its sole discretion, terminate your Pay Service accounts and refer you to appropriate law enforcement agencies. You may be responsible for damages resulting from any such fraudulent, abusive or otherwise illegal activity.
Fees and Payment
You agree to pay all subscription fees and other charges to your Pay Services accounts, including applicable taxes, in accordance with billing terms in effect at the time each fee or other charge becomes payable. The billing terms for NHL GameCenter Live are posted on the Website at http://www.nhl.com/ice/page.htm?id=26404. Such billing terms are hereby incorporated into the TOS. The billing terms may be modified from time to time. The NHL Parties reserve the right to change the amount of, or the basis for determining, any subscription fees or other charges for the Pay Services and to institute new subscription fees or other charges effective upon prior notice to you. You must provide the NHL Parties, and their billing partners, with valid credit card information. YOU (AND NOT THE NHL ENTITIES, ANY OTHER NHL ENTITY OR THEIR BILLING PARTNERS) ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY YOU OR A THIRD PARTY, WHETHER OR NOT YOU AUTHORIZED SUCH BILLING. YOU ARE ALSO RESPONSIBLE FOR PAYING ANY AND ALL TAXES AND SIMILAR CHARGES RELATING TO YOUR PURCHASE OF THE PAY SERVICES.
In connection with some subscription options described in the billing terms, the NHL Parties or their billing partners will automatically renew your subscription and charge your Pay Services accounts with a new subscription fee on a periodic basis without further notice to you. In connection with any subscription option that provides for automatic renewal, the subscription fee for the renewal period shall be equal to the subscription fee for the preceding period unless the NHL Parties or their billing partner notifies you in advance of any change to the subscription fee.
Trial Subscription. Access to a Pay Service, including NHL GameCenter Live, may be made available to you on a time-limited free trial basis (a "Trial Subscription"). Please note that all of the TOS (other than the payment terms set out in paragraphs 22.b. 1 and 2 above) apply to a Trial Subscription. By subscribing for a Trial Subscription, you: (a) acknowledge that the Trial Subscription is personal to you and may not be transferred or otherwise assigned to any other person; (b) acknowledge that the Trial Subscription is intended to permit you to assess the Pay Service for consideration of a full subscription to the Pay Service (a "Subscription Plan"); and (c) acknowledge that the Trial Subscription may be subject to other terms and conditions specific to the Trial Subscription being offered, and your use of the Pay Service during the Trial Subscription Period will be also subject to such other terms and conditions and such other terms and conditions shall be incorporated into the TOS; and (d) ACKNOWLEDGE THAT IF THE TRIAL SUBSCRIPTION IS NOT CANCELLED WITHIN THE TRIAL SUBSCRIPTION PERIOD, THE SUBSCRIPTION PLAN OFFERED AT THE TIME THE TRIAL SUBSCRIPTION BEGAN WILL BEGIN AT THE END OF THE TRIAL SUBSCRIPTION PERIOD AND THE CREDIT CARD YOU PROVIDED WILL AUTOMATICALLY BE BILLED BASED ON SUCH SUBSCRIPTION PLAN FOR THE PAY SERVICE.
Products and Services
NHL ICE or its billing, service and fulfillment partners may provide you with certain products or services as a result of your subscription to NHL GameCenter Live or any other Service. THE PRODUCTS AND SERVICES PROVIDED TO YOU AS A RESULT OF YOUR SUBSCRIPTION TO NHL GAMECENTER LIVE OR ANY OTHER SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NHL ICE, THE OTHER NHL ENTITIES AND NHL ICE'S BILLING, SERVICE AND FULFILLMENT PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCTS AND SERVICES PROVIDED TO YOU AS A RESULT OF YOUR SUBSCRIPTION TO NHL PAY SERVICES OR BASIC SERVICES.
NHL GameCenter Live - Cancellation
Subject to applicable laws, if you are a subscriber to the full or half season NHL GameCenter Live package, you may cancel your subscription to NHL GameCenter Live within 5 days of subscribing, and receive a refund of the subscription price; provided that if you sign up for NHL GameCenter Live again after cancelling, NHL ICE reserves the right to deny further cancellation requests. You may cancel your subscription by contacting GameCenter Live customer support as described at http://gamecenter.nhl.com/nhlgc/help.htm. NHL ICE may cancel your subscription to NHL GameCenter Live at any time without notice for conduct that NHL ICE believes, in its sole discretion, violates the TOS, including, without limitation, conduct that NHL ICE believes is harmful to other subscribers, NHL ICE's business or other information providers.
System Requirements for NHL Network Online, Team video offerings, and NHL GameCenter Live
Pentium III 1GHz or higher or equivalent AMD processor with a minimum of 512MB of memory.
One of the following operating systems, Windows 98 Second Edition, Windows 2000, Windows ME, Windows XP, or Windows Media Center Edition
Microsoft Internet Explorer 6 with Service Pack 2 or above, or Firefox v1.5 or above:
- IE: http://www.microsoft.com/ie
- Firefox: http://www.mozilla.com/firefox
Macromedia Flash Player 9: http://www.adobe.com/products/flash/about/
Internet connection bandwidth: 750 kbps (DSL/Cable or higher) minimum, or higher recommended.
Free hard disk space: 300 MB
Video adapter and monitor: Super VGA (1024x768) or higher.
Minimum Mac Requirements
PowerPC G3 600 MHz
Pentium III 1GHz
Mac OS X 10.4+
Macromedia Flash Player 9: http://www.adobe.com/products/flash/about/
Firefox v1.5+: http://www.mozilla.com/firefox
Flip4Mac v2.0+: http://www.flip4mac.com *
Internet connection bandwidth: 750 kbps (DSL/Cable or higher) minimum, or higher recommended.
Free hard disk space: 300 MB
Video adapter and monitor: Super VGA (1024x768) or higher
The TOS constitute the entire agreement between you and the NHL Parties and govern your use of the Websites, the Services and access to the Content, superseding any prior agreements between you and the NHL Parties. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of the NHL Parties or any of the other NHL Entities to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
CHOICE OF FORUM AND GOVERNING LAW
SUBSCRIBERS FROM OUTSIDE THE UNITED STATES SHOULD PAY PARTICULAR ATTENTION TO THE FOLLOWING:
THE TOS AND THE RELATIONSHIP BETWEEN YOU AND NHL ICE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. REGARDLESS OF YOUR PLACE OF RESIDENCE OR THE LOCATION FROM WHICH YOU USE THE WEBSITE, THE SERVICES OR THE CONTENT, THIS TOS CONSTITUTES AN AGREEMENT MADE IN THE STATE OF NEW YORK, USA. YOU AND NHL ICE AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE COURTS LOCATED WITHIN THE COUNTY OF NEW YORK, NEW YORK.