NHL Mobile Terms of Service Highlights
NHL Interactive CyberEnterprises, LLC (“NHL ICE”) offers this mobile site subject to the following contract known as the “Terms of Service.” By using this mobile site, you agree to be bound by these "Terms of Service." Among other things, in the Terms of Service you agree:
Full NHL Mobile Terms of Service
Thank you for visiting. The following Terms of Service (the Terms apply to your use of the m.nhl.com mobile website (the “NHL Mobile Site”) and the mobile websites of each of the NHL member clubs (e.g., m.ducks.nhl.com, m.flames.com, etc.) that include a link to these Terms (collectively, with the NHL Mobile Site, the “Mobile Sites”), as well as your use of or access to the NHL mobile services and content described below (collectively, the “Services”). NHL Interactive CyberEnterprises, LLC operates the Mobile Sites for the National Hockey League (the “NHL” or “we”) and some of its member teams. You know that these Terms are applicable to a mobile site you are visiting if there is a link to the Terms on the site.
These Terms are a legal contract. By using the Services, you agree to be bound by the Terms. If you do not agree to these Terms, you may not use the Services.
1. About the Terms of Service
We may modify these Terms at any time. We will post the current version of the Terms of Service, along with their effective date. Your continued use of the Services following the posting of changes to these Terms will mean that you accept all such changes.
If you use NHL.com or other NHL services not covered by these Terms, those uses will be subject to the terms of service that apply to those services.
2. License to Use the Services
Through the Services, you may receive access to various kinds content, including images, text, audio, video, applications, scores and other statistics (collectively, “Materials”). Subject to these Terms, we authorize you to use these Materials and the Services only for your own personal and non-commercial purposes. However, you may not republish, redistribute, modify, create derivative works from, or otherwise use the Materials or Services without our written consent. You also may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise access the source code of the Materials or the Services.
The Services are not intended for children under age 13. We will not knowingly receive personal information about children under 13, and if we learn that we have collected such information we will remove it from our database.
You must comply with all applicable laws when you use the Services.
For more information about the Materials and Services, or to inquire about a commercial license, please contact us at firstname.lastname@example.org.
3. Acceptable Use
You may not use Interactive Features in a manner that:
Some portions of the Services or Materials may be available only upon payment of a fee, either to us or to your wireless carrier (“Pay Services”). You are not authorized to access any Pay Services except if you have paid the appropriate fee, have received access credentials from us, and are using the access credentials that we have provided to you. You may not provide anyone else with assistance in accessing Pay Services on an unauthorized basis, including by sharing your access credentials or providing Materials that you obtained through Pay Services to third parties.
By purchasing access to a Pay Service, you confirm that you are at least 18 years of age and that you are the authorized account holder of any mobile device on which you purchase access to Pay Services or, if you are under 18 but over 13 years of age, that you are an authorized user of such a device and that you have permission from the account holder to make the purchase.
We may suspend or terminate your access to Pay Services at any time without notice to you. If we do so, you will not be responsible for fees associated with the Pay Service after the termination becomes effective, but you will not have other remedies against us. However, if you have breached or violated any obligation under these Terms, you will not be entitled to any remedy.
If we have tried to process payment for a Pay Service that you have requested and have been unable to do so using the payment method that you specified, you authorize us to process payment using any other payment method available to us.
Some Services are not compatible with every wireless phone, and we will not refund any fees you paid if the Service you purchased is not compatible. Also, certain Services may not be available for use in every jurisdiction, and we will not refund any fees you paid if the Service you purchased is not available. For information on compatibility and availability, please contact us before you purchase using the contact information listed on the Mobile Support Page at gclsupport.nhl.com.
a. Payments Processed By Wireless Carriers
We allow or require you to pay for some Pay Services through the company that provides your wireless service. If this is the case for a particular Pay Service, we will inform you before you accept the fee for that Service. If you accept the fee, you authorize us to notify your wireless carrier of your purchase and to allow your wireless carrier to charge the applicable fee to your wireless bill or deduct the fee from your prepaid balance.
In addition to NHL ICE’s fees for Pay Services, your wireless carrier may charge you for text messages and data that you send or receive. Please consult your wireless carrier regarding the text messaging and data fees that it charges.
b. Subscription Plans
Certain Pay Services may be available through the use of a subscription plan. The details of such plans are detailed on our website, and you can learn more about these plans by contacting us using the contact information listed on the Mobile Support Page gclsupport.nhl.com. If you choose a subscription plan, unless stated otherwise, the service you have selected will begin on the date of your registration and run for one (1) month thereafter. Unless you cancel or we terminate your access, your subscription will be renewed each month automatically, and we will charge you the fee for the subscription plan that you selected that is then in effect.
Some subscription plans do not provide service outside of the NHL season (defined as the NHL’s full regular season plus playoff games that occur at the conclusion of the regular season). These subscription plans are identified in the material that describes the plan. If your subscription plan is unavailable outside the season, we will suspend it at the end of the season and will not charge you a subscription fee during off-season months. Unless you cancel or we terminate your access, we will then reinstitute your subscription and charge you the fee that is then in effect once the next NHL season begins.
Some subscription plans are tied to a particular NHL team. Once that team is eliminated from the playoffs or the team’s season otherwise ends, some plans invite you to temporarily transfer your subscription to another team that has not been eliminated. Even if you do not transfer your subscription, we may continue to renew your subscription each month and charge you accordingly unless you cancel. If you do transfer teams, your subscription plan will be reinstated automatically as a subscription for your original team once the next NHL season begins unless you timely cancel.
c. Text Message-Based Pay Services
We offer certain Pay Services to any wireless subscriber that sends a text message to specified wireless numbers, known as “short codes,” that we have established (“Short Code Services”). The cost of Short Code Services, if any, is listed in our material promoting each Short Code Service, and you can also learn the current prices for these Services through the Mobile Support Page gclsupport.nhl.com. These fees are in addition to any fees imposed by your wireless provider for text messages, as described above.
d. Cancelling Pay Services
To cancel your subscription to Pay Services, you must follow the procedures described on the Mobile Support Page gclsupport.nhl.com. If we do not list cancellation procedures for a particular Pay Service on the Mobile Support Page, you must email us at email@example.com
We do not refund or pro-rate Pay Service fees for any reason. Requests to terminate subscriptions will be effective once the billing period in which we received the cancellation concludes, and requests to terminate access to other Pay Services will be effective within a reasonable period after we receive the request.
5. Information Collection
If we request information from you, you agree to provide information that is complete and accurate and to notify us promptly if the information that you have provided to us changes.
6. Interactive Features
Some Services include features that allow you to interact with us or with other users (collectively, “Interactive Features”).
By posting, uploading, adding, communicating, storing, or otherwise transmitting material on, to, or through the Services (“Submissions”), you grant us a royalty-free, irrevocable, perpetual, non-exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your Submissions together with your name or likeness in whole or in part, on a worldwide basis, and to incorporate them in other works, in any form, media or technology now known or later developed, including for commercial or marketing purposes.
You are solely responsible for your Submissions. However, we may monitor Submissions and may reject or delete them, or take other action, if we believe that they violate these Terms or are otherwise objectionable.
Some Interactive Features may allow you to communicate with other users or to share your location or other information about yourself with other users. Just as you would be careful interacting with strangers in any other setting, you should not disclose any information about yourself through the Services that you believe to be sensitive. Your use of Interactive Features is not confidential, and we do not guarantee that your Submissions will be private even if you direct them to a particular person or attempt to hide them from view.
On Interactive Features that allow you to submit votes, we may disqualify, block or remove votes for any reason in our sole discretion, including if we believe votes to be fraudulent or improper, including because they were submitted on a repeated or automated basis or interfered with the voting process. To opt-out of any voting initiative at any time, contact us using the procedures listed on the Mobile Support Page gclsupport.nhl.com.
To subscribe to NHL standard rate mobile alerts, text in the keyword NHL to short code 81812. Message and data rates may apply and you’ll receive up to 4 text messages per month. To opt out at any time, text STOP to 81812. For help text HELP to 81812. More information: email firstname.lastname@example.org or call 888-782-2180. Participating carriers: AT&T, Boost, Cricket, Metro PCS, Nextel, Sprint, T-Mobile, Verizon Wireless, Virgin Mobile.
7. Voting Initiatives
The Interactive Features may include access to mobile voting initiatives, such as the 2011 NHL All-Star Fan Balloting Presented by XM (“2011 ASFB”). Please consult the NHL Mobile Site for full rules and procedures relating to each such initiative, including directions on how to participate, voting eligibility, and open/close dates and times. Rules and procedures about each such initiative are subject to change at the NHL’s discretion without notice.
a. Restrictions Generally Applicable to Mobile Voting Initiatives
To participate in a mobile voting initiative (including the 2011 ASFB), you must (i) provide your own mobile device capable of two-way messaging, and (ii) subscribe through a participating wireless service provider to a wireless plan that includes a 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 who otherwise tampers with the voting initiative, or for any other reason, as determined by the NHL in its sole discretion. We also retain the right in our sole discretion and for any reason to modify, suspend or discontinue any mobile voting initiative without notice.
For all mobile voting initiatives which permit voting by text message (including the 2011 ASFB), you should be mindful that your wireless service provider may charge you for each text message you send and receive. The cost of voting via text message varies for wireless subscribers and will depend on your text message plan. Standard text message rates and other charges may apply and will appear on your cell phone bill or be deducted from your prepaid account. You should contact your wireless service provider if you want to know how much you will be charged for a standard rate text message.
To opt-out of any voting initiative (including the 2011 ASFB) at any time, send STOP, QUIT, CANCEL, END or UNSUBSCRIBE to 81812. Message and data rates may apply. To get help for any voting initiative at any time send HELP to 81812, call 888-782-2180 or e-mail email@example.com.
b. Restrictions Specifically Applicable to 2011 ASFB
With respect to the 2011 ASFB, if you wish to participate in the fan voting initiative for the NHL All-Star Game, there will be four (4) means through which you can vote – the NHL Mobile Site, NHL.com, NHL mobile text messaging, and Facebook. To vote online on NHL.com or on the NHL Mobile Site, (1) go to vote.nhl.com to register (or, if you’ve already registered, to log in); and (2) follow the instructions to cast your vote. Anyone can vote on NHL.com or on the NHL Mobile Site. To vote by text message, if you are a wireless subscriber, simply type the last name of the NHL player you want to vote for into a new text message on your cell phone and send this message to the short code 81812. To vote on Facebook, go to facebook.com/nhl_allstar, and follow the instructions to cast your vote.
Voting for the 2011 ASFB opens at 12:00:01 a.m. Eastern Time (“ET”) on November 15, 2010 and closes at 11:59:59 p.m. ET on January 3, 2011 (the “2011 ASFB Promotion Period”). If voting via text message, you may vote up to 1,000 times per day per originating phone number during the 2011 ASFB Promotion Period. There are no restrictions on the number of times you can vote during the 2011 ASFB Promotion Period using other means. Individuals must be 13 years of age or older to vote in the 2011 ASFB by text or on Facebook.
After the first time you vote, we will send you a message confirming your vote. You will not receive any communication from us with respect to subsequent votes. If voting by text message, your confirmation message will provide you with an opportunity to opt-in for the receipt of general alerts from NHL. If you opt-in, you may opt-out at any time by following the instructions in the confirmation message and texting STOP to cancel. Message and data rates may apply to send votes by text, to receive the confirmation message, and to receive general alerts. Please consult your wireless service provider regarding its pricing plans.
8. Notices of Copyright Infringement
If you believe in good faith that your copyrighted work has been reproduced on or linked from the Services without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:
We do not make
representations or warranties as to the security of 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
You agree to indemnify, defend, and hold the NHL Parties harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred in connection with any claim resulting from or otherwise relating to your download or other use of the Services or Materials or any breach by you of these Terms. We reserve the right to assume the exclusive defense and control of any claim otherwise subject to indemnification by you. You agree to use your best efforts to cooperate with us in the defense of any such claim and agree not to settle or resolve any such claim without our written consent.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR GROSS 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, DAMAGES, 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 SERVICES.
12. Choice of Law; Venue
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, as if entered into by residents of New York and fully performed therein. 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 the State and County of New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
These Terms are effective until terminated by either party. You may terminate this agreement between you and NHL ICE at any time by discontinuing use of the Services, and destroying all Materials and all related documentation and all copies and installations thereof, whether made under these Terms or otherwise, and by contacting us at firstname.lastname@example.org. We may terminate our agreement with you under these Terms with or without notice to you; if we notify you, you must cease use of the Services and destroy all Materials and all copies thereof, whether made under these Terms or otherwise.
Sections 8 through 14 of these Terms will survive any termination of this agreement.
14. General Provisions
Our failure to enforce any provision(s) of these Terms or respond to a breach by any party in no way waives our right to subsequently enforce any provision of the Terms against any party or to respond to any breaches.
No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.
If any provision of these terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms, shall be deemed replaced with an enforceable provision that most closely reflects the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions.
If you have questions about these Terms or your use of the Services, please contact us by phone at email@example.com. Information regarding support for specific mobile services covered by these Terms is described on the Mobile Support Page gclsupport.nhl.com.
collection and use practices of NHL Interactive CyberEnterprises, LLC (“NHL
ICE”). NHL ICE operates mobile sites for the National Hockey League
you visit a mobile site or use mobile services operated by or on behalf of NHL
ICE (collectively, the “mobile sites”).
Collection of Information
When you visit the NHL mobile sites using a mobile device, we may collect certain types of information that are unique to the mobile environment. For example:
• Your service provider may assign you a unique identifier for your mobile device, and we may receive and collect that unique mobile device identifier and associate it with other information we have collected about you.
• We may collect information about your device type, your carrier, your phone number, and basic usage information about your device.
• We also may obtain information about your location, including your IP address, the billing postal code or zip code provided by your service provider or carrier, and information derived from pinpointing technology such as GPS and cell tower information.
While the above information is unique to the mobile environment, we may also collect information when you visit the NHL mobile sites that are similar to the information that we collect on our NHL.com website. For example:
• We may collect contact information from you such as name, home address, e-mail address, and phone number, if you choose to use our subscription services or otherwise choose to provide this information.
• We may collect information about your activities on the mobile sites, including the information that you view.
As we expand our mobile service offerings, we may collect additional categories of information. This could include:
• Your age and date of birth and other demographic information, such as gender.
• Information about your activities when you search, shop for items, bid on auctions, or participate in other promotions and interactive online activities.
• Communications that you make through the mobile sites.
We also may collect information about you from other sources, including through interactive applications and commercially available sources. Additionally, certain third parties (such as companies that may run services on the mobile sites, such as shopping or online auction features, fantasy games, and certain public forums like NHL Connect) may collect personal information from you and share some of the personal information with us. These companies, and not NHL ICE, are responsible for their handling of the information that they collect about you.
Cookies and Mobile Sites
Use of Information
We will use the information we collect from you and your mobile device for the following general purposes:
• Provide customer service and support for your use of our products and services;
• Provide and enhance our services, including location-based services, subscriptions, forums, and surveys;
• Respond to your requests for services and information;
• Provide you with special offers, promotional materials and tailored advertising, including location-based advertising, in accordance with applicable law;
• Analyze the use of the mobile sites and information about visitors to the sites, including to determine what content we should offer on the mobile sites;
• Customize the content you see when you visit a mobile site;
• Manage and administer our activities; satisfy legal, regulatory, insurance, security and processing requirements; and otherwise with consent or as permitted or required by law;
• Prevent potentially prohibited or illegal activities and otherwise in accordance with our Terms of Service; and
• For any other purposes disclosed to you at the time we collect your information or with your consent.
Disclosure of Information
We are committed to maintaining your trust and we want you to understand when and with whom we may share information collected about you.
• Authorized third-party service providers. We provide information to agents who perform services for us or supply goods, including companies within or outside the United States and Canada. These agents are contractually prohibited from using the personal information they receive from us for any purposes other than as we direct, subject to requirements in relevant jurisdictions, including foreign jurisdictions, applicable to those organizations. For example, we may employ other companies and individuals to perform functions such as analyzing data, providing marketing research or assistance, and providing customer service, and we may share your personal information with these companies and individuals for these purposes.
• NHL entities and NHL member teams. We may share your information amongst the NHL family of entities and with the member teams of the National Hockey League, including for internal audit, management, marketing, billing or administrative purposes. While most of our fans appreciate receiving marketing communications and having their personal information shared with NHL teams, we respect the right of each fan to control how his or her personal information is used. If you do not want us to provide your personal information to our teams, or if you do not wish to receive marketing communications from us, you can opt out when the personal information is collected. In addition, if you are receiving marketing communications from us and wish to unsubscribe, you can do so by following the opt out instructions contained in the marketing communications you receive from us. The NHL teams also have informed us that they will enable you to opt out of receiving information from them.
• NHL business partners. The NHL may from time to time work with reputable third-party business partners with whom we may share your personal information so they can send you information about products and services that may interest you in accordance with applicable law. We will give you a choice about whether you want us to share your personal information with business partners for our partners’ marketing purposes at the time your personal information is collected, and you can request that we not share your information with business partners for these purposes at no cost.
• Legal requirements. We may disclose information about our users, including contact information, to respond to subpoenas, court orders, legal process, government inquiries, and other law enforcement measures, and to comply with our legal obligations.
• Protect our users. We may disclose information to protect and defend the legal rights, interests, and safety of NHL ICE, other NHL entities, National Hockey League teams, and any of their employees, agents, and contractors (including enforcing our agreements); to protect the safety and security of others; to investigate possible violations of our Terms of Service or any law; and as otherwise disclosed in our Terms of Service.
If you would like more information on our personal information sharing practices or the choices you have with regard to your data, please email firstname.lastname@example.org.
We have adopted reasonable security measures, appropriate to the sensitivity of the personal information, against unauthorized access, disclosure, or loss or destruction of personal information. These measures may include technological, physical and organizational methods of security.
Access and Correction
To the extent we collect any contact information from you, such as name, email, phone number or address, we will maintain a file of the information. Upon written request, you may review the contact information that we have collected about you and may request correction of any erroneous or out-of-date contact information that is in our possession or control. In some limited circumstances, we may not be able to grant you access to your information, for example, if doing so would threaten the security of another individual. If you wish to access your contact information in our file or request corrections to it, please send an e-mail to email@example.com.
United States Privacy and Data Protection Laws Govern
Children's Privacy Statement (users under 13 years old)
We do not knowingly collect personal information from children under 13 via mobile sites, and if we learn that we have collected such information we will remove it from our database.
Last Updated: 10/14/2011