NHL.COM CLUB WEBSITE TERMS OF USE

The following terms of use ("TOU") apply to your use of the websites of each of the National Hockey League ("NHL") member clubs (e.g. ducks.nhl.com, flames.nhl.com, etc.) (each, a "Website," and collectively, the "Websites"), including your use of or access to the Services and the Content (each as defined below) available through the Websites. Please read the TOU carefully before using or accessing the Websites, the Services or the Content. By using or accessing the Websites, the Services or the Content, you signify your agreement to the TOU. Your use of or access to the Websites, the Services or the Content is also subject to all applicable laws and regulations. If you do not agree to any of the terms or conditions in the TOU, you should not use or access the Websites, the Services or the Content. In addition, each Website may have a Privacy Policy (sometimes called a Privacy Statement), and your use of or access to such Website is governed by such Privacy Policy, which is available at through a link on the home page of such Website.

These TOU were last modified on February 28, 2008.

1. TERMS OF USE
   The NHL may amend the TOU from time to time without notice to you, but if it does so, it will post the amended TOU on the Websites. We encourage you to review the TOU 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 TOU signifies your agreement to the amended TOU. 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 TOU.
2. SERVICES AND CONTENT
   NHL Interactive CyberEnterprises, LLC ("NHL ICE") and the Club associated with this Website (collectively, the "NHL Parties") currently provide users with various features and services through this Website, including bulletin boards, fan-to-fan chats, shopping, 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 TOU. The Websites, the Services and the Content are provided for your personal, non-commercial use, entertainment and enjoyment. Under the TOU, 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, publicly perform 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. It is your responsibility to impose any viewing restrictions on other family members or guests, as you think appropriate.
3. ACCESS TO SERVICES
   In order to use the Pay Services, you must pay any access fees which are associated with the Pay Services as applicable. The Services, including the Pay 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.
4. PRIVACY POLICY
   Any information collected about you during your registration for or use of a Website will be used by the applicable NHL member club in accordance with the Privacy Policy of the applicable Website. You may view any NHL member club’s Privacy Policy through a link on the home page of the NHL member club Website. The NHL Entities (defined below) have no control of, or responsibility or liability for, a NHL member club’s use, disclosure, storage or transmission of any information collected through any NHL member club Website, other than the NHL member club that operates such Website.
5. USER MESSAGES
   
   1. 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, transferable, non-exclusive, worldwide and irrevocable right and license to use, reproduce, modify, publish, publicly display, publicly perform, 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.
   2. 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.
   3. 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 TOU 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 TOU; (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.
6. INDEMNITY
   Notwithstanding any other term of this Agreement or any act or failure to act by the NHL Parties 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 damages, liabilities, costs and expenses (including reasonable attorneys’ fees), claims or demands, arising out of (i) Messages you post to, submit or transmit through the Websites or the Services (including any links to other Web sites or resources contained in such Messages), (ii) your use of or connection to the Websites or the Services, (iii) your participation in any activities arising from the Websites, (iv) your violation of, or failure to perform your obligations under, the TOU or (v) your violation of any rights of another.
7. TERMINATION
   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 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 TOU. 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, and you 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 in connection with early termination of a Pay Service without cause.
8. THIRD PARTY MATERIALS, SERVICES AND EXTERNAL LINKS
   The Websites and/or the Services may provide, or third parties may provide, links to other Web sites or resources; other 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.
9. PROPRIETARY RIGHTS
   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 to, NHL ICE or one or more of the other NHL Entities. You further acknowledge and agree that 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. Except as expressly authorized by the NHL Entities or advertisers, you agree not to reproduce, republish, upload, post, transmit, distribute, copy, publicly perform, 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.
10. DISCLAIMER OF WARRANTIES
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITES, THE SERVICES, THE CONTENT, THE SOFTWARE AND ANY THIRD PARTY MATERIALS IS AT YOUR SOLE RISK. THE WEBSITES, THE SERVICES, THE CONTENT, THE SOFTWARE AND ANY THIRD PARTY MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND 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 MATERIAL OBTAINED THROUGH THE USE OF THE WEBSITES. 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, WARRANTIES THAT THE WEBSITES, THE SERVICES, THE CONTENT, THE SOFTWARE AND ANY THIRD PARTY MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE AND FREE FROM VIRUS AND OTHER HARMFUL COMPONENTS, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
11. 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, 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.
12. 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 10 AND 11 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 11 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.
13. LINKING TO THE WEBSITES
    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.
14. EMBEDDING CONTENT
    Certain Services may provide you with the ability to embed Content into other web pages, such as features of the NHL and Team Video players at www.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:
    1. selling access to embedded Content on another website;
    2. using embedded Content for the primary purpose of gaining advertising or subscription revenue;
    3. creating a website that does nothing more than aggregate a collection of embedded Content and intentionally trying to generate ad revenue from them;
    4. 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 website, provided the primary purpose of using the embedded Content is not to gain advertising revenue or compete with the Websites or the NHL Parties.
15. GENERAL PROVISIONS
    The TOU 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 Websites, the Services or the Content, this TOU 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. The TOU constitute the entire agreement between you and the NHL Parties with respect to your use of the Websites, the Services and access to the Content, superseding any prior agreements between you and the NHL Parties. The failure of the NHL Parties or any of the other NHL Entities to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 TOU 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 TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect. Questions about the TOU may be directed to NHL ICE by email at webmaster@nhl.com or by postal mail at NHL ICE, 1185 Avenue of the Americas, 11th Floor, New York, NY 10036, U.S.A.