Welcome to mapleleafs.com, the official Web Site of the Toronto Maple Leafs (the "Web Site"). The following terms and conditions apply to your use of the Web Site, including access to the Services (as defined below) and Content (as defined below) available through the Web Site.
We hope you enjoy mapleleafs.com!
- SERVICES AND CONTENT MLSE currently provides users with various features and services, including fan forums, player chats 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 MLSE (collectively, the "Services"). In addition, MLSE also provides 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"). Unless stated otherwise, the Web Site, Services and Content are subject to the TOU. You understand and agree that the Web Site, Services and Content are provided "as-is" and that MLSE assumes no responsibility in connection with your use of the Web Site, the Services or the Content. The Web Site, the Services and the Content are provided for your non-commercial entertainment and enjoyment. Under the TOU, you may download certain Content and Services available on the Web Site to a single personal computing device for your personal use and entertainment. You many not use any of the Content or Services for commercial purposes. Further, you may not distribute, modify, republish or publicly display any of the Content or Services unless you have the prior, written permission of MLSE, which permission may be withheld in MLSE's sole discretion.
- RESTRICTIONS ON USE OF MATERIALS All material, information and content (collectively "Content") available on mapleleafs.com, including the manner in which such Content is presented, and the Services are: Copyright © Maple Leaf Sports & Entertainment Partnership ("MLSE"), its affiliates and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. MLSE grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices.
- ACCESS TO SERVICES In order to use the Web Site or the Services or access the Content, you must obtain access to the World Wide Web and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
- REGISTRATIONS, ACCOUNTS and PASSWORDS
Certain of the Services and related features made available on mapleleafs.com may require registration or subscription. Should you choose to register or subscribe for any such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for:
- maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on mapleleafs.com; and
- all activities that occur under such password or account. Further, you agree to notify MLSE of any unauthorized use of your password or account. MLSE shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.
- SUBSCRIPTION/FEE BASED SERVICES
- you are of the age of majority in the jurisdiction in which you reside;
- all information you submit is true and correct (including without limitation all credit card information); and
- you are the cardholder of the credit card you designated for your Pay Service Account.
Certain of the Services made available on mapleleafs.com may be offered by MLSE on a payment basis (a "Pay Service"). Pay Services may be offered by MLSE on a prepaid usage basis or on a periodic subscription ("Subscription") basis. Should you choose to purchase a Pay Service, you will be required to register as described above, and you will be assigned an account for such Pay Service (the "Pay Service Account") based on the information you provide as part of the registration process. You agree to pay all the fees applicable for such Pay Service you incur through your Pay Service Account, including any fees associated with the use of such Pay Service together with all applicable taxes (the "Fees"). Unless otherwise indicated on the relevant Pay Service description page (the "Pay Service Description"), the Fees for a Pay Service purchased through your Pay Service Account are chargeable immediately (and at the beginning of each renewal period for periodic Subscription Pay Services) to the credit card you designated for the particular Pay Service Account or though such other billing process as applicable. All Fees are non-refundable. MLSE reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages related to the use of the Pay Service. Please note that Subscription Pay Services renew automatically at the end of the relevant period as set out in the applicable Pay Service Description and Fees in respect of each such renewal shall be based on the then current rate for the particular Subscription Pay Service. You may terminate your subscription at any time, which termination will only be effective at the end of your subscription period. By registering for a Pay Service, you warrant that: In consideration of the availability, and your use, of Pay Service, you acknowledge and agree:
- to these Terms and Condition, including without limitation the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant Pay Service Description;
- that you are solely responsible for all acts or omissions that occur through your Pay Service Account;
- that the Pay Service is for your personal, non-commercial use and you agree not to resell, distribute, transfer, share or otherwise use any Pay Service, including any coupons or credits related to same for any commercial purposes whatsoever;
- that MLSE reserves the right to specify an expiry date for the use of any coupons or credits purchased in connection with any Pay Service; and
- that MLSE reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service at any time, including without limitation, where MLSE has determined, in its sole discretion, that your use of the Pay Service is, or was, in breach of these Terms and Conditions. Any such termination by MLSE shall be in addition to and without prejudice to such rights and remedies as may be available to MLSE, including injunction and other equitable remedies. Your ability to use the Pay Service is also subject to any limits established by MLSE or by your credit card issuer. If Fees cannot be charged to your credit or your charge is returned for any reason, including chargeback, MLSE reserves that right to either suspend or terminate your Pay Service Account and your access to the Pay Service.
- BACKGROUND INFORMATION In order to use certain elements of the Services, you will be required to register with MLSE by providing certain information about yourself, including your name and e-mail address. In consideration of your use of the Services, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for any of the Services, subject, of course, to all applicable laws. If you provide any information that is untrue, inaccurate, not current or incomplete, or MLSE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MLSE has the right to suspend or terminate your password and refuse any and all current or future use of the Services.
- ACCESS BY CHILDREN If you are age 13 or under, your parent or guardian must give us his or her consent before you register to use the Services. To give us consent, your parent or guardian must complete and send to us the parental consent form, which can be obtained upon request by sending us an e-mail at email@example.com. You agree to provide correct and accurate information concerning your age in connection with the registration for any Services, subject, of course, to all applicable laws.
- DOWNLOADS AND SHAREWARE Mapleleafs.com may allow you to download software applications or other forms of Content, including files, images and/or data incorporated therein (collectively, the "Software"). The Software is made available to you by MLSE or third parties subject to the terms and conditions made available to you during the software installation process. Additionally, you agree that the Software is licensed to you by MLSE or third parties for your personal and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that MLSE or the designated third parties retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, dissemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that MLSE, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications.
- MEMBER CONDUCT
You agree that in connection with your use of the Web Site, the Services and the Content you will not:
- upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of anyone's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm or attempt to harm minors in any way;
- impersonate any person or entity, including, but not limited to, a National Hockey League official, an NHL member club team official, a current or former NHL member club player, an MLSE forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any content that infringes any patent, trade-mark, trade secret, copyright or other intellectual property right of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Web Site, the Services, the Content or servers or networks connected to the Web Site, the Services or the Content, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site, the Services and/or the Content; and
- intentionally or unintentionally violate any applicable local, provincial, national or international law.
- USER MESSAGES
- 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 Web Site and/or in connection with any of the Services (each, a "Message") you are, by transmitting or uploading such Message, granting MLSE a perpetual, royalty-free, sub-licensable, non-exclusive, worldwide and irrevocable right and license to use, reproduce, modify, publish, 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, MLSE may solicit Messages from users. Your provision of any such Messages in response to a solicitation by MLSE shall be subject to a grant of a license to MLSE as specified above.
- When any user posts any Message to the Web Site or any of the Services, MLSE shall have the right, but not the obligation, in its sole discretion, to review, edit or delete any Message for any reason in MLSE's sole discretion. It is MLSE's policy to fully cooperate with law enforcement authorities and court orders which request or require MLSE to disclose personal information or the postings of anyone posting Messages to the Web Site or any of the Services. Although MLSE may monitor and/or review Messages from time to time, it is under no obligation to do so and MLSE does not assume any liability or responsibility with respect to any Messages, including those that contain errors, defamatory content, pornography, profanity or inaccuracies.
- You acknowledge and agree that MLSE 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:
- comply with legal process;
- enforce the TOU;
- respond to claims that any Message violates the rights of third parties; or
- protect the rights, property, or personal safety of MLSE, its users and the public. You understand that the technical processing and transmission of the Services, including Messages, may involve:
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
- VOTING MLSE may offer you the opportunity to vote in connection with various polls and possible event opportunities. By casting your vote, you are agreeing to abide by the TOU and any and all voting guidelines posted on the Web Site.
- INDEMNITY You agree to indemnify, defend and hold harmless MLSE, the National Hockey League and its member clubs, NHL Enterprises Canada L.P., NHL Enterprises L.P., NHL Enterprises B.V,, 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 ("Entities") from and against any claim or demand, including reasonable legal fees and disbursements, arising out of Messages you post to, submit or transmit through the Web Site or the Services, your use of the Web Site or the Services, your connection to the Web Site or the Services, your violation of the TOU, or your violation of any rights of another.
- MODIFICATIONS TO WEB SITE, INCLUDING THE SERVICES MLSE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web Site or Services (or any part thereof) with or without notice. You agree that the Entities shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web Site or the Services.
- TERMINATION You agree that MLSE, in its sole discretion, may terminate your password or use of the Web Site and/or the Services, and remove and discard any Message within the Services, for any reason, including, without limitation, for lack of use or if MLSE believes that you have violated or acted inconsistently with the letter or spirit of the TOU. MLSE may also in its sole discretion and at any time discontinue providing the Web Site or the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TOU may be effected without prior notice, and acknowledge and agree that MLSE 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 Entities shall not be liable to you or any third party for any termination of your access to the Services.
- MLSE ADVERTISERS AND VENDORS Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Services or the Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that the Entities shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Web Site or in connection with the Services. All of your business dealings with vendors and advertisers appearing on the Web Site or in connection with the Services, including the MAPLELEAFS.COM Team Store, shall be at your sole risk.
- LINKING The Web Site and/or Services may provide, or third parties may provide, links to other World Wide Web Sites or resources. Because the Entities have no control over such sites and resources, you acknowledge and agree that the 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 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.
- PROPRIETARY RIGHTS
You acknowledge and agree that:
- the Toronto Maple Leafs, Maple Leafs, Leafs and associated logo marks, the NHL, the NHL Shield, the word mark and image of the Stanley Cup, and NHL Conference logos are registered trademarks of MLSE and/or the National Hockey League; and
- all Maple Leafs and NHL logos and marks and NHL member club logos and marks as well as all other proprietary materials depicted on the Web Site, the Services and Content are the property of MLSE and/or the NHL and the respective NHL member clubs or are licensed to MLSE and may not be reproduced without the prior written consent of MLSE and NHL Enterprises, L.P. (or its designee).
You further acknowledge and agree that:
- any necessary software used in connection with the Web Site, the Services and the Content (the "Software') contains proprietary and confidential information that is protected by applicable intellectual property and other laws and are either owned by or licensed to MLSE; and
- content contained in sponsor advertisements or information presented to you through the Web Site, the Services and the Content or advertisers is protected by copyrights, trade-marks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Entities or advertisers, you agree not to reproduce, republish, upload, post, transmit, distribute, copy, publicly display or otherwise use any Content or any derivative works based on the Web Site, Services, 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 MLSE for use in accessing the Services.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE WEB SITE, THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK. THE WEB SITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS-IS" AND 'AS-AVAILABLE" BASIS. THE ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- THE ENTITIES MAKE NO WARRANTY THAT:
- THE WEB SITE, SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS;
- THE WEB SITE, THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEB SITE, THE SERVICES OR THE CONTENT WILL BE ACCURATE OR RELIABLE;
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE, THE SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE OPERATING ON THE WEB SITE WILL BE CORRECTED;
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEB SITE OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE WEB SITE, THE SERVICES OR THE CONTENT;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE, THE SERVICES OR THE CONTENT;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE, THE SERVICES OR IN THE CONTENT; OR
- ANY OTHER MATTER RELATING TO THE WEB SITE, THE SERVICES OR THE CONTENT.
- 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 17 AND 18 MAY NOT APPLY TO YOU.
- NOTICE Notices to you may be made via either email or regular mail. The Web Site may also provide notices of changes to the TOU or other mailers by displaying notices or links to notices to you generally on the Services.
- LINKING TO THE WEB SITE No link to the Web Site may be 'framed" to the extent such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Web Site must be to www.MAPLELEAFS.com, the Web Site home page. "Deep Linking" to internal pages of the Web Site is expressly prohibited.
- SUBMISSION OF IDEAS AND/OR SUGGESTIONS MLSE is always improving its websites and Services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them - but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO MLSE BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO MLSE, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO MLSE THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT MLSE IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY MLSE, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
- GENERAL PROVISIONS The TOU constitute the entire agreement between you and MLSE and governs your use of the Web Site, the Services and access to the Content, superseding any prior agreements between you and MLSE. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third- party software. The TOU and the relationship between you and MLSE shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. You and MLSE agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario. The failure of MLSE or any of the other 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 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.