ADDITIONAL AGREEMENTS & THIRD PARTIES
These Terms apply only to the sites, or portions of such websites/services that are operated by or on behalf of SSE or its service providers. We may use third party service providers that host or provide portions of the SSE Sites, or you may visit third parties through links or other interactions with the SSE Sites. For example, some SSE Sites are hosted and operated by the leagues (e.g. NHL.com) or our partners, and these parties may have their own terms that apply to the portions of sites or services that they operate.
As a condition of your right to use our Sites, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Sites under the laws of the United States or any other country.
You may not engage in any of the following with regard to the SSE Sites:
(1) violate or encourage the violation of any local, state, national, or international law or regulation;
(2) collect or store personal data about other users of our SSE Sites or solicit personal information from any individual without proper rights or consent of the individual;
(3) send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by SSE in its sole discretion;
(4) infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
(5) promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
(6) disrupt or interfere with the security or use of the SSE Sites or any websites or content linked to them;
(7) interfere with or damage the integrity of the SSE Sites, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Sites;
(8) use the SSE Sites to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses;
(9) attempt to use another user ID, person or entity, misrepresent your affiliation with a person or entity, including (without limitation) SSE or create or use a false identity;
(10) attempt to obtain unauthorized access to the SSE Sites or portions thereof that are restricted from general access;
(11) use any meta tags or any other "hidden text" utilizing SSE name, trademarks, or product names;
(12) attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the SSE Sites;
(13) engage in any activity that interferes with any third party's ability to use or enjoy the SSE Sites; or
(14) assist any third party in engaging in any activity prohibited by these Terms.
Further, without SSE's written consent, you may not:
(1) reproduce, duplicate, copy, sell, resell, create derivative works, or exploit for any commercial purpose any SSE content or any use of or access to the SSE Sites;
(2) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the SSE Sites or monitor or copy our web pages or the content contained thereon;
(3) deep link to the SSE Sites for any purpose; or place pop-up windows over any content, or otherwise affect the display of the SSE Sites;
(4) access the SSE Sites in order to build a competitive service or to benchmark with a non-SSE service; or
(5) reverse engineer the SSE Sites (to the extent such restriction is permitted by law).
USERNAMES, ACCOUNT INFORMATION AND PASSWORDS
You are responsible for protecting and keeping confidential any username, password, and other account information used on the SSE Sites. SSE is not liable for your failure to protect your account credentials, or for your use of an insecure password. You are responsible for updating and keeping current any account information, including any phone or email addresses we use to communicate with you.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, SSE, ITS RELATED ENTITIES, ITS SUBSIDIARIES, ITS SERVICES PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE "SSE PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SSE PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF THE SERVICES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE SSE PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON OUR SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH OUR SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
We will make certain content such as text, images, links, audio, video, or other material ("Content") available on or through the SSE Sites. The Content is owned by SSE, or its respective partners, customers, or users, with all rights reserved, or may be licensed by third parties.
All Content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on the SSE Sites are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. Any use of Content on the SSE Sites, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of SSE, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of SSE.
CLAIMS OF COPYRIGHT INFRINGEMENT
In the event that you find content posted on the SSE Sites which you believe to be an infringement of the copyright ownership or other intellectual property rights of you, your company or any third party, you are requested to immediately contact SSE as described below.
To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act ("DMCA"):
• Your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
• a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
• a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
• if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
• a description of the infringing material and the URL where such material is located on the SSE Sites, or a description of where on the SSE Sites you found such material;
• your written statement that you believe, in good faith, that the use of the work on the SSE Sites has not been authorized by the true owner of the work, its agent, or as a matter of law; and
• a statement that all of the information you have provided is true.
Please send your notice of alleged infringement to us: Sharks Sports & Entertainment, Attn: Legal Department, 525 W Santa Clara St., San Jose, CA 95113
E-mail: [email protected], subject line "DMCA Notice"
In accordance with the DMCA, it is the policy of SSE to terminate use of the SSE Sites by repeat infringers in appropriate circumstances.
Any content uploaded, posted, submitted, or otherwise made available by individual users of the SSE Sites, including without limitation photos, videos, comments, message board posts, and any other content which does not originate with SSE ("User Content"), is the sole responsibility of the person who made such User Content available on the SSE Sites. Under no circumstances will SSE be liable in any way for any User Content made available through this SSE Sites by you or any third party. Since SSE does not control the User Content posted on the SSE Sites, it does not guarantee the truthfulness, integrity, suitability, or quality of that User Content, and it does not endorse such User Content. You also agree and understand that by accessing the SSE Sites, you may encounter content that you may consider to be objectionable. SSE has no responsibility for any User Content, including without limitation any errors or omissions therein. The SSE Parties are not liable for any loss or damage of any kind incurred as a result of any User Content on the SSE Sites.
User Content is owned by the author thereof, and SSE does not claim ownership of original works created and posted by individual visitors to this SSE Sites. However, by uploading, posting, transmitting or otherwise making any User Content available on or through the SSE Sites, you are granting SSE, and its subsidiaries, affiliates, and other related entities an irrevocable, nonexclusive, perpetual, royalty-free, transferrable, sublicensable, worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit, and prepare derivative works of such User Content (including your name, image, likeness, or information you have made publicly available in connection therewith) in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you.
SSE reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on the SSE Sites. You agree that the exercise by SSE of such discretion shall not convert or transform User Content to content owned or provided by SSE, and the user who made such User Content available on the SSE Sites will retain ownership thereof as described below.
As required by California Law, we permit minors under the age of 18 to request the deletion of any content or information that the minor has posted on the SSE Sites. To request the removal of content or information you have posted on the SSE Sites, please send a letter or email to Sharks Sports & Entertainment, Attn: Legal Department, 525 W Santa Clara St., San Jose, CA 95113 or Email to [email protected] with (i) your name, (ii) a complete description of the content you would like removed, and (iii) the web address(es) of the content you would like removed. Please be aware that our fulfillment of this request does not ensure complete or comprehensive removal of the content or information you have posted on the SSE Sites.
MODIFICATIONS AND INTERRUPTION TO SSE SITES
We reserve the right to modify or discontinue all or any portion of the SSE Sites with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to the SSE Sites, or that the SSE Sites will be error free. You understand that usage of the SSE Sites may be interfered with or adversely affected by numerous factors or circumstances outside of our control. SSE shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the SSE Sites. SSE reserves the right, but shall not be required, to correct any delays, interruptions, errors or omissions. SSE may discontinue or alter any aspect of this SSE Sites, including, but not limited to: (i) restricting the time of availability, (ii) restricting the availability and/or scope of the SSE Sites for certain users, (iii) restricting the amount of use permitted, and (iv) restricting or terminating any user's right to use this SSE Sites, at SSE's sole discretion and without prior notice or liability.
COMPLIANCE WITH LAWS
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the SSE Sites in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.
CIVIL CODE SECTION 1789.3
If you are a California resident, under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
CONSENT TO ELECTRONIC COMMUNICATION
By using the SSE Sites, you agree that SSE may communicate with you electronically regarding your use of the SSE Sites and related matters, and that any notices, agreements, disclosures, or other communications that SSE sends to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent to your receipt of electronic notice, please notify SSE using the contact information below.
Force Majeure - SSE will not be liable for any failure or deficiency in the performance or availability of the SSE Sites by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to SSE, fire, terrorism, natural disaster, or war.