TERMS OF SERVICE

WELCOME TO TRENTONDEVILS.COM, THE OFFICIAL WEB SITE OF THE TRENTON DEVILS HOCKEY TEAM, AN ECHL FRANCHISE OF TRENTON DEVILS LLC (“Devils”).

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE ACCESSING AND/OR USING TRENTONDEVILS.COM (“Devils Web Site”).

1. ACCESS AND USE OF THE DEVILS WEB SITE

Your access and use of the Devils Web Site is subject to the terms and conditions described herein (“Terms of Service”), as well as the Devils Privacy Policy, and all applicable laws and regulations governing your access and use of the Devils Web Site. By accessing and/or using the Devils Web Site you agree to these Terms of Service and any future changes, revisions and additions to the Terms of Service. Any future changes, revisions and additions to the Terms of Service will be posted here. Accordingly you should always refer to these Terms of Service before you use the Devils Web Site. In addition, hereby incorporated into the Terms of Service are all special terms, conditions, and rules that may be referred to at particular features and services at the Devils Web Site that may be applicable to your access and/or use of such features or services.

2. USE RESTRICTIONS

Nothing contained in the Devils Web Site or in these Terms of Service should be construed as granting by implication, estoppel, or otherwise, any license or right to use any logo, trademark, tradename, copyright, or other proprietary right contained in the Devils Web Site, including without limitation any software, images of people, places, products, or things displayed or available at the Devils Web Site without the prior written permission of the Devils or the respective owner, as the case may be, or as may be otherwise specifically permitted by these Terms of Service.

2.1 Content Rights

You acknowledge and agree as follows:

(i) the Devils word mark, and logo are registered trademarks of the Devils and may not be reproduced without the prior written consent of the Devils, and the New Jersey Devils word mark and logo and the Lowell Devils word mark and logo are registered trademarks of Devils affiliates and may not be reproduced without the prior written consent of the Devils;
(ii) the ECHL and the ECHL logo, are registered trademarks of the ECHL and may not be reproduced without the prior written consent of the ECHL;
(iii) the logos and marks of ECHL member clubs are registered trademarks of the respective ECHL member clubs and may not be reproduced without the prior written consent of the ECHL and/or the respective ECHL member clubs;
(iv) all proprietary materials depicted at the Devils Website, the services and content provided at the Devils Web Site, and the selection, coordination, arrangement and design elements of such content are the property of the Devils, or are licensed to the Devils, and are protected by applicable intellectual property laws and other laws, and may not be reproduced without the prior written consent of the Devils, including, without limitation, news articles, press releases, statistics, player biographies, photographs, images, illustrations, audio and video clips;
(v) all software used in connection with the Devils Web Site, including software related to the services and content provided at the Devils Web Site ("Software") contains proprietary and confidential information that is protected by applicable intellectual property laws and other laws and is either owned by or licensed to the Devils and may not be reproduced without the prior written consent of the Devils; and
(vi) the services and content provided by advertisers presented at or through the Devils Website, including marks, logos and software are protected by applicable intellectual property laws and other laws and may not be reproduced without the prior written consent of the applicable advertiser.

2.2 Access, Information, & Downloading

a. You agree not to reproduce, republish, upload, post, transmit, distribute, copy, publicly display or otherwise use any Devils Web Site content, Software or any derivative works based on the Devils Website content or 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 provided at the Devils Web Site. You agree not to access the Devils Web Site services and content provided by any means other than through the interface that is provided at the Devils Web Site for use in accessing such services and content.
b. You may have access to and use of the Devils Web Site for your personal entertainment information and communication. You are permitted to download material displayed on the Devils Web Site to any single computer solely for your personal, noncommercial use, provided you also retain all copyright and other proprietary notices contained on the Devils Web Site materials. Systematic retrieval of all or any part of the Devils Web Site content or content data to create or compile, directly or indirectly, a collection, compilation, database or directory of information is prohibited without with the prior written permission of the Devils, including without limitation the use of any engine, software, tool, agent or other device or mechanism such as browsers, spiders, robots, avatars or intelligent agents to navigate or search the Devils Web Site to harvest or collect such information. The Devils do not authorize the downloading or exportation of any software or technical data from the Devils Web Site to any jurisdiction prohibited by the United States Export Laws.

3. USE OF WEB SITE FEATURES

3.1 Prohibited Messages, etc.

The Devils Web Site may offer opportunities for you to send and receive email and messages or submit or transmit, upload or post information, material, and data in connection with various Devils Web Site features. In that regard, you may not email, submit, transmit, upload or post any message, information, material or data that intentionally or unintentionally:
(i) is unlawful, tortious, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, invasive of another’s privacy, pornographic, profane, sexually explicit or indecent;
(ii) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law;
(iii) violates, plagiarizes or infringes the rights of third parties, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
(iv) contains a virus, worm or any computer code, file, program, routine or other harmful component or other device to interrupt, destroy, damage or limit the functionality of the Devils Web Site or any other web site, or any web site services or content, or any computer software, hardware, or telecommunications apparatus;
(v) contains any information, software or other material of a commercial nature, including without limitation, advertising promotions or commercial solicitations of any kind, so called “spam”, “junk mail”, chain letters”, and “pyramid schemes”; and
(vi) constitutes or contains false or misleading indications of origin or statements of fact or impersonations of or affiliations with any person or entity.

3.2 Deletion and Disclosure of Prohibited Messages, etc.

The Devils shall have the right, but not the obligation, in the exercise of its sole discretion to delete or edit from the Devils Web Site any message, or information, material, and data submitted by you if it: (i) violates any term of these Terms of Service; or (ii) is illegal, offensive, or inappropriate. Any violation of these Terms of Service may result in termination of your access to the Devils Web Site and disclosure of your personal information to the applicable law enforcement authorities, where appropriate.

3.3 Non-confidentiality of Messages, etc.

The Devils shall have the right, but not the obligation, in the exercise of its sole discretion to monitor and review any email or message or information, material, and data submitted by you at or through the Devils Web Site, such as through Devils Web Site online discussions, chats, postings, and bulletin boards or the like. Any such information will be treated as non-confidential and nonproprietary, and by submitting such email, or message, information, material, and data you acknowledge that any information disclosed thereby: (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and the Devils other than pursuant to these Terms of Service; and (iv) is subject to the grant of rights to the Devils described in paragraph 4.2 below.

4. SUBMISSIONS

4.1 Unsolicited Submissions

The Devils must ask that you not submit to the Devils Web Site any email, message, information, material, or data which contains any creative expressions, ideas, designs, artwork, inventions, know-how, techniques, or suggestions for products, services, plans, or programs (collectively, "Unsolicited Submissions"), and the Devils neither assumes any responsibility for reviewing Unsolicited Submissions nor any liability as a result of any similarities between your Unsolicited Submissions and future Devils creative expressions ideas, designs, artwork, inventions, know-how, techniques, products, services, plans, or programs.

4.2 Submissions Rights

By transmitting Unsolicited Submissions to the Devils Web Site and/or transmitting any email, message, or information, material, and data responsive to a feature on the Devils Web Site (collectively, "Submissions"), you are automatically granting the Devils a perpetual, royalty-free, non exclusive, unrestricted, worldwide and irrevocable right and license, but not any obligation, to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. The Devils also have the right, but not the obligation, to use your name in connection with the broadcast, online display, print, or other use or publication of your Submission. If the Devils solicit your Submission in connection with a Devils Web Site feature, the terms governing the feature shall apply to your Submission as well as these Terms of Service and the Devils Privacy Policy.

5. LINKS

5.1 Linking Restrictions

The following restrictions apply to all links to the Devils Web Site from any on-line, cable, wireless, or other Internet web site, service or browser:
(a) All permitted links to the Devils Web Site must be to the Devils Website home page (trentondevils.com), and no link to the Devils Web Site may be “framed” if the “frame” contains any advertising or other commercial text or graphics.
(b) Any on-line cable, wireless, or other Internet web site, service, or browser (other than as described in paragraph 5.1 (c) below) that promotes any product (e.g., automobile or soft drink), or brand (e.g., Ford or Pepsi), or service ( e.g., AOL Internet Service or Continental Airlines), or public or nonprofit institution (e.g. the United Way) may not link to the Devils Web Site without the prior written permission of the Devils, even though the page/area where the link originates does not promote a product, brand, service, or institution.
(c) Except as prohibited above in Section 5.1 (b) any on-line cable, wireless, or other Internet web site, service, or browser (such as fan web sites, and search engine and directory web sites), may link to the Devils Web Site without the permission of the Devils if: (i) it is an on-line cable, wireless or other Internet web site, service, or browser that does not contain any content or service (or link to any on-line cable, wireless or other Internet web site, service, or browser that does not contain any content or service) that, in the sole opinion of the Devils, is distasteful, offensive or may reflect adversely upon the reputation and good will of the Devils or the ECHL; and (ii) the link is a plain text link and does not include any mark or logo directly associated with the Devils, and (iii) the link is spatially separated from and not otherwise associated with any sponsorship advertising or other commercial text or graphics that may be on the page/area containing such plain text link.

5.2 No Endorsement

Links to and from the Devils Web Site to other on-line cable, wireless, or other Internet web site, service, or browser, maintained by third parties (“Linked Services”), and the existence of such links do not constitute an endorsement by the Devils of the Linked Services or the content thereof. The Linked Services are not under the control of the Devils and accordingly the Devils are not responsible for the Linked Services or their content, or availability of such content, or the products and services provided at the Linked Services.

6. REGISTRATION

In order to access or use certain Devils Web Site content or services you may be required to register and provide certain information to the Devils, with respect to which you agree that:
(i) the information you provide will be true, accurate and current;
(ii) if at any time such information is not true or accurate or current, your access to or use of the Devils Web Site content or services for which you registered may be terminated.;
(iii) you are responsible for maintaining the confidentiality of any password and/or username designated with regard to your registration and you are solely responsible for all activities that occur by use of such password or username; and
(iv) the Devils shall have no liability for any loss or damage arising from your failure to comply with this Section 6 and any other requirements applicable to your Devils Web Site registration.

7. THIRD PARTY INTERACTION

You agree that any interaction between you and any third party, directly or indirectly through the Devils Web Site, including without limitation, the sending and receipt of email or other messages, the uploading and downloading of information, material, software, and data, the participation in promotions, contests, and polls, and the purchase, or lease of merchandise or services, are solely between to and the third party, at your sole risk and expense, and the Devils shall have no liability for any loss or damage arising from such interaction.

8. TICKETS

The Devils may, from time to time, offer the sale of Devils game tickets on the Devils Web Site. The Devils may change or withdraw ticket offerings at any time without prior notice. The Devils reserve the right to limit the order quantity or refuse to fulfill any order. In the processing of credit card transactions the Devils Web Site incorporates reasonable safeguards to protect the security of your personal information. However, it is always possible that any personal information transmitted or disclosed online can be intercepted by others and used unlawfully. Accordingly, we cannot warrant the security of your personal information.

9. DISCLAIMER, LIMITATION OF LIABILITY, AND INDEMNITY

IF YOU CHOOSE TO ACCESS AND USE THE DEVILS WEB SITE, YOU DO SO ON YOUR OWN INITIATIVE AND RISK, AND SUBJECT TO THE FOLLOWING DISCLAIMER, LIMITATION OF LIABILITY, AND INDEMNITY. SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OR DISCLAIMERS OF WARRANTIES OR LIABILITIES AS DESCRIBED BELOW, AND THEREFORE SOME OF THE LIMITATIONS OR DISCLAIMERS BELOW MAY NOT APPLY TO YOU.

9.1 NO WARRANTIES OR REPRESENTATIONS

(i) WILL BE UNINTERRUPTED OR FREE OF ANY ERROR AND/OR VIRUS, WORM, HARMFUL COMPONENT OR OTHER DEVICE THAT MAY DAMAGE OR DESTROY YOUR COMPUTER HARDWARE OR SOFTWARE OR TELECOMMUNICATIONS APPARATUS;

(ii) WILL BE ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE, AND TIMELY;

(iii) WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES NOT AFFILIATED WITH TD; AND (iv) ARE APPROPRIATE OR AUTHORIZED FOR USE IN ALL COUNTRIES, STATES, PROVINCES, COUNTIES, OR ANY OTHER JURISDICTIONS.

9.2 DISCLAIMER OF LIABILITY

TD SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS DIRECTLY OR INDIRECTLY ARISING FROM:

(i) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY PERSON OR ENTITY WHO HAS ACCESS TO THE DEVILS WEB SITE; AND

(ii) ANY BREACH OF CONTRACT, TORT OR NEGLIGENCE, FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, TIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, WORM, HARMFUL COMPONENT, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR LACK OF AUTHENTICITY OF ANY CONTENT OR SERVICE AT THE DEVILSWEB SITE, OR THE USE OR INABILITY TO USE THE DEVILS WEB SITE OR ANY CONTENT OR SERVICE THEREIN.

9.3 LIMITATION OF LIABILITY

IN NO EVENT SHALL TD’S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE DEVILS WEB SITE EXCEED THE TOTAL AMOUNTS PAID, IF ANY, BY YOU TO THE DEVILS FOR ACCESSING OR USING THE DEVILS WEB SITE, AND ANY CONTENT AND SERVICES PROVIDED THEREIN, AND IN NO EVENT SHALL TD HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) RELATED TO OR ARISING OUT OF THE DEVILS WEB SITE EVEN IF THE DEVILS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.4 INDEMNITY

YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE TD, ITS SPONSORS AND ADVERTISERS, THE ECHL, ITS MEMBER TEAMS, AND EACH OF THEIR RESPECTIVE PARTNERS, MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS’ AND REPRESENTATIVES HARMLESS FROM ALL CLAIMS, LIABILITIES, DAMAGES, AND EXPENSES (INCLUDING ATDORNEYS' FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO YOUR USE OF THE DEVILS WEB SITE, AND ANY SERVICE OR CONTENT PROVIDED THEREIN, AND ANY BREACH OR ALLEGED BREACH OF THESE TERMS OF SERVICE DIRECTLY OR INDIRECTLY BY YOU.

10. TERMINATION OF SERVICE

The Devils may, without notice or liability at any time in the Devils exclusive discretion: (i) change, suspend, or discontinue any aspect of the Devils Web Site, including the availability of any Devils Web Site feature, database, service or content; and (ii) impose limits on certain features and services, or restrict your access to parts of or the entire Devils Web Site.

11. CHOICE OF LAW

These Terms of Service shall be construed and controlled by the laws of the State of New Jersey, United States of America. Any dispute(s) relating to these Terms of Service or the Devils Web Site will be governed by the laws of the State of New Jersey, United States of America, without regard to its principles of conflicts of laws. Any claim relating to these Terms of Service or the Devils Web Site shall be exclusively prosecuted in a federal or state court of competent jurisdiction located within the City of Newark, State of New Jersey, United States of America, and you hereby consent to the jurisdiction of such court solely for such purposes, and you further waive any claim that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient. The Devils will be entitled to recover court costs and reasonable attorneys fees and expenses incurred in successfully proving any violation of any term of these Terms of Service.

12. MISCELLANEOUS

a. The Devils does not represent that Devils Web Site and the services and content provided therein are appropriate or available for access and use in countries outside the United States. If you choose to access and use the Devils Web Site from outside the United States you are solely responsible for compliance with any applicable foreign laws.

b. These Terms of Service constitute the entire agreement between the parties and supersedes all prior and contemporaneous written or oral agreements, proposals, or communications with respect to the subject matter herein between you and the Devils. The Devils in their sole discretion may, from time to time, modify, change, add to, or delete from these Terms of Service and your subsequent access and/or use of the Devils Web Site shall signify your agreement with such modifications, changes, additions, or deletions.

Contact:

If you have any comments or questions about the above Terms of Service please contact:
Joseph C. Benedetti
Vice President & General Counsel – New Jersey Devils LLC
Continental Airlines Arena
Box 504
East Rutherford, New Jersey 07073
Email: jbened@newjerseydevils.com