PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR ANY NHL MOBILE PRODUCTS OR SERVICES.

This website (the “Site”) is operated by or on behalf of NHL Interactive CyberEnterprises, LLC (“NHL ICE”), an affiliate of the National Hockey League (the “NHL” or “we”). By using the Site or any mobile products or services, or participating in any mobile promotions offered by or on behalf of the NHL or its affiliates (collectively, the “Services”), you signify your agreement to these Terms of Use (the “Terms”). If you do not agree to these Terms, please do not use the Site or the Services. The reference to “you” means anyone who uses the Site or Services. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time without notice. Please check these Terms periodically for changes. Your continued use of this Site and/or Services following the posting of changes to these Terms will mean that you accept all such changes.

These Terms are also subject to, and hereby incorporate, the NHL.com Terms of Service and Privacy Policy. In the event of any conflict between these Terms and any provision of the NHL.com Terms of Service or Privacy Policy, these Terms shall prevail.

All images and content on this Site and within the materials made available to you via the Services are the property of their respective owners and are used with permission by NHL. The copyrights, trademarks and service marks (“Marks”) displayed on this Site and within the materials made available to you via the Services are the property of their respective owners and you are not permitted to use the Marks without the express written consent of NHL or their other respective owners. Realtones, Ringtones, Wallpapers and other downloadable mobile content work on most handsets (phones) and on most carrier networks. Some local networks may not support ringtone or wallpaper downloads. Mobile games work on a limited number of phones. Regular text messaging fees may apply. The foregoing products, along with all other products, content, data, software, applications, files, images, services and other materials made available to you through the Site or the Services are referred to collectively in these Terms as the “Materials”. Unauthorized use of the Marks, the Site or the Materials may result in legal action.

NHL Mobile Materials and Services

Through this Site, and/or by accessing the Services, you may receive access to various Materials, including, but not limited to, NHL images, text, audio and video, NHL-related stat trackers, video games and other applications, fan voting initiatives for the NHL All-Star Game and other NHL events and promotions, SMS and MMS alerts, and/or an NHL WAP site or other mobile site. These Terms apply to all such Materials and Services. We reserve the right to change or cancel Services at any time, without liability to you. For more information about the Services and Materials, please consult the other areas of this Site and/or the documentation furnished to you along with such Materials and Services. You can also contact us with questions via phone at 888-782-2180 or e-mail info@telescope.tv.

Voting Initiatives

The Services may include access to mobile voting initiatives, such as NHL All-Star Fan Balloting. Please consult the Site for full details about each such initiative, including directions on how to participate, voting eligibility, and open/close dates and times. Standard text message rates apply. For all mobile voting initiatives, you must (i) use a wireless device capable of 2 way messaging, (ii) provide your own wireless device, (iii) be using a participating service provider/carrier, and (iv) be a wireless service subscriber with text messaging service. We reserve the right to disqualify, block or remove any votes from any individual who votes by any electronic, mechanical or automated means, or otherwise tampers with the vote process, or for any other reason, as determined by the NHL in its sole discretion.

To opt-out of any voting initiative at any time, send STOP, QUIT, CANCEL, END or UNSUBSCRIBE to 81812. To get help for any voting initiative at any time send HELP to 81812, call 888-782-2180 or e-mail info@telescope.tv. Standard text message rates apply.

Subscriptions and Subscription Plans

NHL ICE may offer various subscription packages that provide access to premium Materials (e.g., SMS and MMS alerts, mobile newsletters and video exclusives, etc.) and/or Services (e.g., voting applications, fantasy and stat trackers, etc.) as defined by the details of each such subscription package (each a “Subscription Plan”). To view the different Subscription Plans that we offer, the Materials and Services provided in each Subscription Plan, and the pricing of each Subscription Plan, click here to access the FAQ section of this Site or contact us by phone at 888-782-2180 or e-mail info@telescope.tv. The details of the plans (e.g., the number of alerts available as part of a particular Subscription Plan, the renewal period of a particular Subscription Plan, etc.) are incorporated into these Terms by reference and form part of these Terms.

Each Subscription Plan you purchase shall begin on the date of your registration. The subscription period, unless stated otherwise, is one (1) month. The Subscription Plan and subscription period will automatically be renewed each month and a new subscription fee shall become due for each new subscription period. The Subscription Plan shall remain in effect until terminated and/or cancelled by you or the NHL as described in the “How to Cancel a Subscription Plan” section of these Terms (see below). The Subscription Plan, if not terminated, continues from one NHL season to the next. Once the new NHL season begins, the plan details and fees in effect for your existing Subscription Plan will automatically resume.

How the Subscription Plans Work

Subscription Plans entitle wireless subscribers to receive certain NHL content for a fee. The fee shall be billed every month irrespective of whether or not you actually access the NHL content on your mobile device; the consideration for the fee shall solely be the monthly provision of the right to receive mobile sports content - in other words the making available of the respective information. Each item of NHL content is billed upon your receipt of the content, and each item's charge will appear as unique items in your regular wireless invoice.

Fees for the Subscription Plans

The details of the fees for the various Subscription Plans are identified and available as described above. You agree to pay your mobile device wireless carrier the fee that corresponds to the specific Subscription Plan that you select in accordance with the fees in effect at the time of your order. Unless otherwise indicated, the charges shall be invoiced on the bill from your participating mobile carrier. All fees are subject to change upon notice from NHL, and we will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you will have 14 days from the date of such notice to cancel your Subscription Plan and/or your account effective at the end of the then current calendar month. All fees are due immediately and are non-refundable, except as otherwise expressly noted.

Please note that your wireless service provider may charge you for each text message you send and receive. Please consult your wireless service provider regarding their pricing plans. Standard text message rates and other charges may apply and will appear on your cell phone bill or be deducted from your prepaid account.

How to Cancel a Subscription Plan

To cancel your Subscription Plan for real-time SMS game alerts, send a text message with the text "STOP ALL" to 51945 in US and 52525 in Canada, or go to the FAQ section of the Site to cancel via email. You may also contact 1-877-247-3866 to have your subscription cancelled. The termination shall become effective at the end of the billing period in which you gave your notice of termination, meaning no further charges will be billed.

To cancel your Subscription Plan for MMS In-Game Video Alerts, send a text message with the text "STOP" to "PUCK" (7825), or go to the FAQ section of the Site to cancel via email. You may also contact 888-782-2180 to have your subscription cancelled. The termination shall become effective at the end of the billing period in which you gave your notice of termination, meaning no further charges will be billed.

To opt out of the standard rate NHL General Alerts service, send a text message with the text "STOP" to 81812. You may also contact 888-782-2180 to cancel your subscription or to get more information. The termination shall become effective immediately once you give your notice of termination. 

Participating carriers for the NHL General Alerts service are:  US:  Alltel, AT&T, Boost, Cellular One, Nextel, Sprint, T-Mobile, US Cellular, Verizon Wireless, Virgin Mobile.  Canada:  Bell Mobility (includes Aliant, NorthernTel, Telebec).

To cancel your Subscription Plan for any other NHL Mobile Service, please go to the FAQ section of the Site for details. The termination shall become effective at the end of the billing period in which you gave your notice of termination, meaning no further charges will be billed.

Subscription Plans During the Off Season

The Subscription Plans, if not terminated, continue from one NHL season to the next, although no alerts will be sent during the off-season and no subscription fees will be charged during periods where no Materials or Services are delivered to you. Once the new NHL season begins, the plan details and fees in effect for your existing Subscription Plan will automatically resume.

An NHL season is defined by a NHL team’s full regular season (i.e. 82 games, for the 2008-09 season) and the total number of playoff games played by that team. If your Subscription Plan includes team alerts, once your team is eliminated you will receive an alert notifying you that your team’s season has ended, and you will be given an option to transfer your subscription to another team. Once the playoffs are over, your existing Subscription Plan will revert to that of your original team, and the alerts will automatically resume when the new NHL season begins.

Privacy Policy; Limitations On Use

We are committed to ensuring your privacy online. This website does not collect personal information without your knowledge and consent. Information that we collect is used to assure content compatibility with your handset and delivery to your carrier and phone number. We do not trade, share, sell or rent any information that you may choose to share voluntarily through feedback forms and/or e-mail. Please click here for our complete Privacy Policy.

The Site and the Materials are not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information. Minors between the ages of 13 and the age of majority wherever such minors reside should get permission of their parent(s) or legal guardian(s) before making purchases, obtaining a Subscription Plan, signing up to receive non-subscription alerts from NHL Mobile and/or otherwise utilizing the Services. By taking any of the foregoing actions, you are confirming that you are at least 13 years of age, and are the subscriber of an active account with a participating carrier, or that you have the consent of such a subscriber to do so. We do collect anonymous traffic data from visitors including IP address and domain servers. This information does not identify you personally and provides valuable information in assessing our capabilities and services to our visitors. We may use such traffic data and/or personal information that you provide us voluntarily for marketing and promotional purposes.

Restrictions On Use Of Materials

All Materials are the copyrighted property of NHL, its affiliates and/or third party licensors or sub-licensors. All trademarks, service marks, trade names, and trade dress are proprietary to NHL, its affiliates and/or third party licensors or sub-licensors. No Materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. For purposes of these Terms, the use of any such Material on any other web site or computer environment is prohibited.

In the event that you download Materials, these Materials are licensed to you by us or our third party licensors for your personal, noncommercial use only. We do not transfer title of the Material to you. You may own the medium on which the Material is recorded, but we and/or our third party licensors retain full and complete title to the Materials and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise access the source code of the Materials.

Disclaimer

THE SITE, SEVICES AND MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES WILL BE AVAILABLE IN ALL AREAS AT ALL TIMES, OR THAT ANY WEB SITE OR THE SERVERS THAT MAKE SUCH MATERIALS OR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

NHL ICE, THE NHL AND ITS MEMBER CLUBS, THEIR AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, OWNERS, GOVERNORS, EMPLOYEES, REPRESENTATIVES OR AGENTS (COLLECTIVELY, THE “NHL PARTIES”) ARE NOT RESPONSIBLE FOR (I) ANY LOST, INCOMPLETE, LATE, DAMAGED, OR MISDIRECTED TEXT MESSAGES, (II) ANY FAILURES OR MALFUNCTIONS OF PHONES (INCLUDING WIRELESS PHONES/HANDSETS), PHONE LINES OR TELEPHONE SYSTEMS OR OTHER COMMUNICATIONS MALFUNCTIONS; CELLULAR EQUIPMENT TOWERS, TELEPHONE SYSTEMS OR WIRELESS SERVICES; INTERRUPTED OR UNAVAILABLE NETWORK, SERVER; MISCOMMUNICATIONS, FAILED COMPUTER HARDWARE OR SOFTWARE OR OTHER TECHNICAL FAILURES; OR (III) ANY GARBLED, LOST, MISROUTED OR SCRAMBLED TRANSMISSIONS; ANY ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY IN ANY TRANSMISSION OR COMMUNICATION; TRAFFIC CONGESTION OR FOR ANY TECHNICAL PROBLEM.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND/OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DOWNLOAD OF MATERIAL(S) IS SOLELY AT YOUR OWN RISK AND THAT YOU ALONE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OR DOWNLOAD OF MATERIAL(S). SERVICES AND MATERIALS MAY NOT CONTINUE TO WORK IN THE EVENT OF PRODUCT, SOFTWARE, COVERAGE OR OTHER SERVICE CHANGES MADE BY YOUR WIRELESS CARRIER.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on third party sites that link to or from this Site or from any Materials. We cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from this Site or any Materials, or with third party content available on this Site. We neither endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, any collection of personal information) you might be requested to give any third party or third party site, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties or third party sites.

Indemnification

You hereby indemnify, defend, and hold the NHL Parties harmless from and against any and all liabilities and costs (including reasonable attorneys' fees') incurred by the NHL Parties in connection with any claim arising out of any breach by you of these Terms. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Limitation Of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE NHL PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY SITE, SERVICE OR MATERIALS, OR ANY FUNCTIONS ON ANY SUCH SITE, SERVICE OR MATERIAL, EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, 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 NO EVENT SHALL THE NHL PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR IN TORT, AND INCLUDING, BUT NOT LIMITED TO, DMAGES, LOSSES AND CAUSES OF ACTIONS RELATING TO OR ARISING IN CONNECTION WITH NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE AND/OR SERVICES.

THIS SITE DOES NOT ACCEPT PAYMENT; ALL PURCHASES FROM THIS SITE WILL APPEAR ON YOUR MONTHLY BILL FROM YOUR CARRIER.

Jurisdictional Issues

We make no representation that the Materials are appropriate or available for use in any particular location. Those who choose to access the Materials do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site or from the Services is further subject to applicable export control laws and regulations of the United States or the laws of the country in which you reside and you acknowledge that you will act in compliance with any such export control laws and regulations.

Termination

These Terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of this Site and the Services and destroying all Materials and all related documentation and all copies and installations thereof, whether made under these Terms or otherwise. Your access to this Site or the Services may be terminated immediately without notice from us if we deem, in our sole discretion, that you have failed to comply with any term or provision of these Terms. Upon termination, you must cease use of this Site and the Services and destroy all Materials and all copies thereof, whether made under these Terms or otherwise.

General Provisions

These terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided for in these Terms.