Terms of Use

This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.  Please note that Section 12 contains certain changes to the general terms for users outside the United States.

Date of Last Revision: September 13, 2011.

Terms of Use

This Terms of Use (Statement) is a statement of rights and responsibilities and governs our relationship with users and others who interact with The Hockey Network. By using or accessing The Hockey Network, you agree to this Statement.

 

  1. Privacy

    Your privacy is very important to us. We designed our PRIVACY POLICY to make important disclosures about how you can use The Hockey Network to share with others and how we collect and can use your content and information.  We encourage you to read the PRIVACY POLICY, and to use it to help make informed decisions.
     
  2. Sharing Your Content and Information

    You own all of the content and information you post on The Hockey Network, and you can control how some of it is shared through your privacy settings. In addition:
    1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with The Hockey Network (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
    2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
    3. When you use an application, your content and information is shared with the application.  We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. 
    4. When you publish content or information using the “public” setting (if there is no setting assume it is Public, the forums are all Public), it means that you are allowing everyone, including people off of The Hockey Network, to access and use that information, and to associate it with you (i.e., your username and profile picture).
    5. We always appreciate your feedback or other suggestions about The Hockey Network, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
       
  3. Safety

    We do our best to keep The Hockey Network safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
    1. You will not send or otherwise post unauthorized commercial communications (such as spam) on The Hockey Network. See the PROMOTIONAL GUIDELINES for more details.
    2. You will not collect users' content or information, or otherwise access The Hockey Network, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
    3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on The Hockey Network.
    4. You will not upload viruses or other malicious code.
    5. You will not solicit login information or access an account belonging to someone else.
    6. You will not bully, intimidate, or harass any user.
    7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
    8. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
    9. You will follow our PROMOTIONAL GUIDLINES in regards to promoting a company, product, or service through The Hockey Network (such as posting on the forums, starting a group) and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on The Hockey Network (with prior written consent from The Hockey Network).
    10. You will not use The Hockey Network to do anything unlawful, misleading, malicious, or discriminatory.
    11. You will not do anything that could disable, overburden, or impair the proper working of The Hockey Network, such as a denial of service attack.
    12. You will not facilitate or encourage any violations of this Statement.
       
  4. Registration and Account Security

    The Hockey Network users provide personal information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
    1. You will not provide any false personal information on The Hockey Network, or create an account for anyone other than yourself without permission.
    2. You will not create more than one personal profile.
    3. If we disable your account, you will not create another one without our permission.
    4. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
    5. You will not use The Hockey Network if you are under 13.
    6. You will not use The Hockey Network if you are a convicted sex offender.
    7. You will keep your contact information (email address) accurate and up-to-date.
    8. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
    9. You will not transfer your account (including any group or forum you administer) to anyone without first getting our written permission.
    10. If you select a username for your account we reserve the right to remove or reclaim your username it if we believe appropriate (such as when a trademark owner complains about a username).
       
  5. Protecting Other People's Rights

    We respect other people's rights, and expect you to do the same.
    1. You will not post content or take any action on The Hockey Network that infringes or violates someone else's rights or otherwise violates the law.
    2. We can remove any content or information you post on The Hockey Network if we believe that it violates this Statement.
    3. We will provide you with tools to help you protect your intellectual property rights. To report claims of intellectual property infringement please contact us.
    4. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
    5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
    6. You will not use our copyrights or trademarks (including The Hockey Network, The Hockey Network Logo, Hockey’s Homepage), or any confusingly similar marks, without our written permission.
    7. If you collect information from users, you will: obtain their consent, make it clear you (and not The Hockey Network) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
    8. You will not post anyone's identification documents or sensitive financial information on The Hockey Network.
    9. You will not tag users or send email invitations to non-users without their consent.
       
  6. Marketplace
    1. Please review our BUY SELL TRADE RULES and our FEEDBACK RULES in regards to the Martketplace (the Buy, Sell, Trade) section of The Hockey Network
    2. If you purchase something through our Market Place you understand that you are not doing business with The Hockey Network, you are doing business with a person that is not affiliated, endorsed, associated, connected, approved, or authorized by The Hockey Network, and you are doing so at your own risk. Our Feedback system in no way represents a guarantee of any kind and is solely in place for information purposes. The Hockey Network is not liable in any way for any transactions that take place between two parties on The Hockey Network.
    3. WE MAKE NO WARANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH THE HOCKEY NETWORK.
       
  7. About Advertisements and Other Commercial Content Served or Enhanced by The Hockey Network

    Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
    1. We do not give your content or information to advertisers without your consent.
    2. You understand that we may not always identify paid services and communications as such.
    3. Anyone who is on a team, sponsored, works, owns or wishes to promote a company, product or service on The Hockey Network must follow our PROMOTIONAL GUIDELINES. By “on The Hockey Network” we mean, any posts in the forums, messaging, profiles, groups, and any other user generated content that is not paid advertising. By “paid advertising” we mean advertising directly purchased from The Hockey Network.
       
  8. Special Provisions Applicable to Advertisers

    You can target your specific audience by buying ads or other promotional services on The Hockey Network. The following additional terms apply to you if you place an order through our online advertising portal (Order):
    1. When you place an Order, you will tell us the number of impressions (advertisement views) that you want. If we accept your Order, we will deliver your ads as inventory becomes available. When serving your ad, we do our best to deliver the ads to the audience you specify, although we cannot guarantee in every instance that your ad will reach its intended target.
    2. In instances where we believe doing so will enhance the effectiveness of your advertising campaign, we may broaden the targeting criteria you specify.
    3. You will pay for your Orders in accordance with our PAYMENT TERMS. The amount you owe will be calculated based on the number of impressions that you purchase.
    4. Your ads will comply with our ADVERTISING GUIDLINES.
    5. We will determine the time and duration of your ad based on things like availability and site traffic. If you desire a more specific advertising campaign, please contact us and we will see if we can accommodate your request.
    6. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
    7. We cannot control how people interact with your ads, and are not responsible for impression fraud or other improper actions that affect the cost of running ads. 
    8. You can cancel your Order at any time through our online portal or by contacting us, but cancellation may not be effective immediately and you are still responsible for paying for your Order.
    9. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
    10. We can use your ads and related content and information for marketing or promotional purposes.
    11. You will not issue any press release or make public statements about your relationship with The Hockey Network without written permission.
    12. We may reject or remove any ad for any reason.
    13. If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
      1. You warrant that you have the legal authority to bind the advertiser to this Statement.
      2. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
         
  9. Amendments
    1. We can change this Statement at any time. Updates will be posed in the Site Related  Updates section and users will have an opportunity to comment.  Please check the Updates section frequently for important notices.
    2. We may make changes for legal or administrative reasons, or to correct an inaccurate statement at any time
       
  10. Termination

    If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of The Hockey Network to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account by contacting us at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 7.2, 8.2, 8.5, 8.6, 8.9, 8.12, 8.13, and 10-14.
     
  11. Disputes
    1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or The Hockey Network exclusively in a state or federal court located in Essex County. The laws of the State of New Jersey will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Essex County, New Jersey for the purpose of litigating all such claims.
    2. If anyone brings a claim against us related to your actions, content or information on The Hockey Network, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
    3. WE TRY TO KEEP THE HOCKEY NETWORK UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE HOCKEY NETWORK AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE HOCKEY NETWORK WILL BE SAFE OR SECURE. THE HOCKEY NETWORK IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THE HOCKEY NETWORK, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR THE HOCKEY NETWORK WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE HOCKEY NETWORK’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
       
  12. Special Provisions Applicable to Users Outside the United States

    We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
    1. You consent to having your personal data transferred to and processed in the United States.
    2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on The Hockey Network (such as advertising or payments).
  13. Definitions
    1. By The Hockey Network we mean the features and services we make available, including through (a) our website at www.thehockeynetwork.com and any other The Hockey Network branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions now existing or later developed); (b) other media, software (such as a toolbar), devices, or networks now existing or later developed.
    2. By information we mean facts and other information about you, including actions you take.
    3. By content we mean anything you post on The Hockey Network that would not be included in the definition of information.
    4. By data we mean content and information that third parties can retrieve from The Hockey Network or provide to The Hockey Network.
    5. By post we mean post on The Hockey Network or otherwise make available to us.
    6. By use we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
    7. By active registered user we mean a user who has logged into The Hockey Network at least once in the previous 30 days.
    8. By application we mean any application or website that uses or accesses The Hockey Network, as well as anything else that receives or has received data from us.  If you no longer access The Hockey Network but have not deleted all data from us, the term application will apply until you delete the data.
       
  14. Other
    1. This Statement is an agreement between you and The Hockey Network, LLC. References to “us,” “we,” and “our” mean The Hockey Network, LLC.
    2. This Statement makes up the entire agreement between the parties regarding The Hockey Network, and supersedes any prior agreements.
    3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
    4. If we fail to enforce any of this Statement, it will not be considered a waiver.
    5. Any amendment to or waiver of this Statement must be made in writing and signed by us.
    6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
    7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
    8. Nothing in this Statement shall prevent us from complying with the law.
    9. This Statement does not confer any third party beneficiary rights.
    10. You will comply with all applicable laws when using or accessing The Hockey Network.


You may also want to review the following documents:

  • ADVERTISING GUIDLINES: These guidelines outline the policies that apply to advertisements placed on The Hockey Network.
  • BRAND PERMISSIONS: Permissions regarding usage of things like our name and logo.
  • BUY SELL TRADE RULES: These rules govern the Marketplace section of The Hockey Network.
  • FEEDBACK RULES: These rules govern the Marketplace section and the Feedback system on The Hockey Network.
  • PAYMENT TERMS: These additional terms apply to all payments made on or through The Hockey Network.
  • PRIVACY POLICY: The Privacy Policy is designed to help you understand how we collect and use information.
  • PROMOTIONAL GUIDLINES: These guidelines outline the policies that apply if you wish to promote a product, company, or service on The Hockey Network.

 

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