|TERMS & CONDITIONS
I. Visitor Postings and Submissions
From time to time, we may enable visitors to our site to post materials on our site. For example, from time to time we may elect to include as a service of our site a chat room or message board, and visitors will be able to post materials on the pages comprising such service. The following will apply to you whenever you post materials on our site:
o You may not transmit or otherwise post materials to our site that are vulgar, obscene, harmful, threatening, abusive, hateful, fraudulent, libelous, or defamatory; or that may otherwise violate the rights of others (including, without limitation, property, copyright, trademark, privacy or publicity rights); or that misrepresent the origin or source of any information or statement; or that may violate any applicable laws.
o You may not interfere with other visitors’ use and enjoyment of our site.
o You may not use our site to conduct any activity that is illegal or that violates the rights of others.
o You may not use our site to sell products, advertise, or market products or services to others or otherwise engage in commercial activities.
o By posting materials on our site, or by voluntarily submitting any personally-identifiable information to us, you represent and warrant that you are age 18 or over.
o In order to post materials on our site you will be asked to register by providing accurate and complete personal information, which may include your name, e-mail address and any other data which we may require you to provide. You will also be asked to select a password and screen name.
o Your password will enable you to access the particular website service on future occasions. You are solely responsible (1) for maintaining the confidentiality of your password and (2) for all activities which take place under your password.
o While your screen name is used to identify you when you post materials on our site, it need not include any personally identifiable information. (For example, a screen name, if not previously selected by someone else, could be “BuffaloSportsFan#1”.) We strongly recommend that you do not include personally identifiable information as part of your screen name. Because your screen name will be posted on our site, you may not select or use a screen name in a manner that would violate any of these Terms and Conditions.
o Please remember that any time you post materials in public areas on the internet (whether on a message board, chat room or otherwise) such materials (including any personally identifiable information which you have included as part of such materials) can be collected and used by third parties who you do not know. We strongly recommend that you do not include any personally identifiable information as part of any material which you post on our site. If we observe a posting which includes personally identifiable information, we may collect that information for the purpose of contacting you concerning such posting although we shall have no obligation to do this. In accordance with (and without limiting) the terms set forth in Section III below, you acknowledge that neither we nor any of the other Site-Related Persons and Entities (defined below) shall be responsible or liable for (or in connection with) any third party’s collection and use of your posted materials, and, accordingly, if you elect to post materials on our site, then you do so solely at your own risk.
o Visitors are encouraged to notify us immediately if they have reason to believe that another is infringing any copyrighted materials or is otherwise in violation of these Terms and Conditions. (See Section VII below, “Copyright Policy” for the procedures to be followed if you believe your copyrighted material is being infringed upon by materials appearing on our site.)
o If you do post materials on our site, then we shall have the permanent right to use these materials without any limitations or restrictions. Specifically, you grant to us the irrevocable, non-exclusive, royalty-free, perpetual, transferable, and sub-licensable right and license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such materials (in whole or part) worldwide and/or to incorporate them in other works in any form, media or technology in existence, or developed at a later date.
o Further, we reserve the right (but in no event do we take on the obligation), among other things, to: (1) monitor, edit or remove any materials that a visitor submits or that appears on our site, and (2) refuse access to our site to any visitor that violates these Terms and Conditions or for any other reason.
II. Links to Other Sites and Advertiser Sites
There may be links from our site to other websites and from other websites to our site. (Each such other website is referred to in these Terms and Conditions as a “linked site”.) If you click on a link which appears on our site, then you will arrive at the website of, or associated with, that link. Also, if you click on any advertising material which appears on our site, then you may arrive at the website of, or associated with, the relevant advertiser. (Each such website is referred to in these Terms and Conditions as an “advertiser site”.) No linked site or advertiser site is both owned and controlled by us. Links which appear on our site are for convenience only. In accordance with (and without limiting) the terms set forth below in Section III, you acknowledge that neither we nor any of the other Site-Related Persons and Entities (defined below) shall be responsible or liable for the content or conduct of, or associated with, or related to any linked site or advertiser site, and, accordingly, your access and use of any linked site or advertiser site shall be solely at your own risk.
III. Disclaimer and Limitation of Liability
YOU MAY ACCESS AND USE OUR SITE ONLY AT YOUR OWN RISK, AND YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY LAWS THAT MAY APPLY. WE DISCLAIM ALL WARRANTIES - EXPRESS AND IMPLIED - WITH REGARD TO INFORMATION, SERVICES AND MATERIALS APPEARING ON OUR SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
ACCESS TO OUR SITE MAY BE DELAYED OR INTERRUPTED, AND INFORMATION, SERVICES, AND MATERIALS MAY NOT BE ERROR-FREE AND MAY NOT BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOR PURPOSES OF THESE TERMS AND CONDITIONS, THE TERM “SITE-RELATED PERSONS AND ENTITIES” SHALL MEAN (1) US; (2) ANY OTHER ENTITY OR PERSON INVOLVED IN DEVELOPING, PRODUCING, OR MAKING AVAILABLE OUR SITE, OR THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON OUR SITE; (3) OUR AND THEIR RESPECTIVE AFFILIATED AND RELATED ENTITIES AND (4) THE RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES OF US AND EACH OF THE OTHER PERSONS OR ENTITIES SET FORTH ABOVE. NEITHER WE NOR ANY OTHER SITE-RELATED PERSONS AND ENTITIES SHALL BE LIABLE OR RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, SERVICES AND MATERIALS PROVIDED ON OUR SITE.
UNDER NO CIRCUMSTANCES SHALL WE, OR ANY OF THE OTHER SITE-RELATED PERSONS AND ENTITIES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM OR ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE INFORMATION, SERVICES OR MATERIALS ON OUR SITE, EVEN IF WE OR ANY OF THE OTHER SITE-RELATED PERSONS AND ENTITIES, OR ANY OF OUR OR THEIR AUTHORIZED REPRESENTATIVES, HAVE RECEIVED NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. ALL INFORMATION, SERVICES AND MATERIALS APPEARING ON OUR SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, APPLIES.
WE WOULD NOT PROVIDE OUR SITE TO YOU WITHOUT YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. SOME STATE STATUTES CONCERNING LIMITATION OF LIABILITY MAY APPLY.
You shall indemnify, defend, and hold harmless us and all other Site-Related Persons and Entities, from any liability, loss, claim and expense (including, but not limited to, attorneys’ fees and court costs) resulting from or arising out of your access to or use of our site, your violation of these Terms and Conditions, and your posting any material to our site.
V. Site Ownership / Restrictions on Visitors’ Use of Materials on Our Site
This site is owned and operated by us, including, but not limited to, its format and layout as well as all software used to create or otherwise give effect to this site. (Such software is referred to in these Terms and Conditions as the “Site Software”.) All materials on our site are copyrighted by us. You may access, download, or print for your personal non-commercial use, one copy of these materials. You may not modify, copy, distribute, transmit, display, or publish any of the materials on our site, in whole or in part, without our prior written permission.
You may not modify the Site Software in any manner or form, or use modified versions of the Site Software, for the purpose of obtaining unauthorized access to our site or for any other purpose. You may not access our site by any means other than through the interface that is provided by us for use in accessing our site. Other than a limited right of personal use in connection with your personal, non-commercial use of our site as and in the manner described in (and limited by) these Terms and Conditions, you will have no rights to the Site Software.
VI. Changes to Our Site and to These Terms and Conditions
We reserve the right to make improvements or changes to the materials on our site (including, without limitation, information and services) and to terminate our site, at any time without notice. We may modify these Terms and Conditions at any time. Any changes shall be effective immediately upon our posting the revised Terms and Conditions. Whenever we make any change(s) to these Terms and Conditions, we will post the date on which these Terms and Conditions shall have been last updated. That posting will appear on the home page of our site next to the icon “Terms and Conditions”. Your continued access and use of our site after we post modified Terms and Conditions indicates that you agree to be bound by these Terms and Conditions as modified.
VII. Copyright Infringement Policy
1. It is our policy to respect the intellectual property rights of others. In connection with this policy, if we establish any service on our site which permits visitors to post materials on our site, then we will not knowingly permit the posting of content or other works of authorship that infringe the copyright rights of others.
2. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, you may notify us in writing by providing our copyright agent with the following information:
a. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
b. a description of the copyrighted work that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on our site including the URL or other specific information sufficient to allow us to locate the material;
d. your name, address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
3. Our agent for notice of claims of copyright infringement on our site can be reached as follows:
David S. Zygaj
Hockey Western New York, LLC
One Seymour H. Knox III Plaza
Buffalo, New York 14203
Phone: (716) 855-4100
4. Upon our receipt of a proper notice, we will take appropriate action.
All trademarks, service marks and trade names which appear on our site (including, by way of example only, any and all names, nicknames, logos, designs, and slogans of and designating the Buffalo Sabres and First Niagara Center) are federally registered or common law trademarks and service marks of their respective owners and each such trademark, service mark or trade name may be used only with the prior written permission of its owner.
These Terms and Conditions and the resolution of any dispute related to the access and use of our site shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to any principles of conflicts of law. Our site is operated and controlled in the United States. We do not represent that the site is appropriate in other jurisdictions. You are solely responsible for compliance with local laws applicable to your access to or use of our site. Our failure to insist upon strict enforcement of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Any legal action between you and us related to our site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Buffalo, New York and/or the Western District of New York.
If any part of these Terms and Conditions is deemed invalid or unenforceable according to applicable law, the remainder of these Terms and Conditions shall continue in effect.