[Revised through 4/17/12]
WELCOME TO THE OFFICIAL WEBSITE OF THE ALBANY DEVILS (“Website”). ALBANY DEVILS (“Devils”) IS A MEMBER CLUB OF THE AMERICAN HOCKEY LEAGUE (“AHL”).
In order to access and use the Website, you must obtain access to the World Wide Web and pay any applicable access fees. 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. Access to the Website is subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.
2.) OWNERSHIP: All of the content of this Website (“Content”), which includes without limitation all graphics, text, images, photographs, illustrations, trademarks and logos and the design, coordination, selection and arrangement thereof, and any images or files incorporated in or generated by the software and data accompanying the software (“Software”), is protected by copyright and/or trademark and/or other proprietary intellectual property rights that are directly or indirectly owned by or licensed to the Devils and/or Devils’ licensees, tenants, sponsors and advertisers and may not be reproduced without the prior written consent of the Devils, and the applicable licensee, tenant, sponsor and advertiser.
The names and logos identified with the Devils, including without limitation the Devils logo and Devils name, are trademarks of the Devils and may not be reproduced without the prior written consent of the Devils.
The Albany Devils word mark and logo are registered trademarks of Devils affiliates and may not be reproduced without the prior written consent of the Devils.
The Devils and its agents are solely responsible for the Content of the Website. References to “we,” “our,” “us” and the “Devils” shall mean Albany Devils LLC and its affiliated entities.
3.) LIMITED LICENSE; RESTRICTIONS: You are granted a limited license to download the materials contained on this Website to a single personal computer and to print a hard copy of the materials contained on this Website, solely for personal, non-commercial use, provided all copyright, trademark and other proprietary notices are left intact. Systematic retrieval of all or any part of the Content or Content data to create or compile, directly or indirectly, a collection, compilation, database or directory of information is prohibited without the prior written permission of the Devils, including without limitation the use of any engine, software, tool, agent or other device or mechanism such as browsers, spiders, robots, avatars or intelligent agents to navigate or search the Website to harvest or collect such information. The Devils does not authorize the downloading or exportation of any software or technical data from the Website to any jurisdiction prohibited by the United States Export Laws. In all cases, this Website must be acknowledged as the source of the material. Use of the materials contained on this Website on any other Internet site is strictly prohibited.
You may not “frame” the Content of this Website within another website. You may not use any meta tags or any other “hidden text” utilizing any Devils trademarks without the express written consent of the Devils.
4.) FORUMS AND PUBLIC COMMUNICATION RELATED TO THE WEBSITE: “Forum” means a chat area, message board or e-mail function offered as part of the Website. If you participate in any Forum within the Website or furnish any material or information to the Website (“User Content”), you must not and User Content shall not:
- defame, abuse, harass or threaten others;
- make any bigoted, hateful or racially offensive statements;
- advocate illegal activity or discuss illegal activities with the intent to commit them or cause injury or property damage to any person;
- post or distribute any material that infringes and/or violates any right of a third party or any law;
- post or distribute any vulgar, obscene, discourteous or indecent language or images;
- advertise or sell to or solicit others;
- use the Website or Forum for commercial purposes of any kind;
- post or distribute any software or other materials that contain a virus, worm or any computer code, file, program, routine or other harmful component or device to interrupt, destroy, damage or limit the functionality of this Website or any other website, or any computer hardware, software or telecommunications apparatus;
- post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
- restrict or inhibit any other user from using and enjoying the services or features of the Website;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content displayed by, or transmitted over, the Website;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
- use the Website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- interfere with or disrupt any servers or networks used to provide the Website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Website;
- gain, or attempt to gain, unauthorized access to the Website, or any account, computer system or network connected to this Website, by means such as hacking, password mining, decompiling or reverse engineering to access source code, or other illicit means;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website; or
- gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Website.
In order to access or use certain Content or services, you may be required to register and provide certain information, with respect to which you agree that: (i) the information you provide will be true, accurate and current; (ii) if at any time such information is not true, accurate or current, your access to or use of the Content or services may be terminated; (iii) you are responsible for maintaining the confidentiality of any password and/or username designated with regard to your registration and you are solely responsible for all activities that occur by use of such password or username; (iv) you will notify the Devils immediately in the event of unauthorized use of your password or account; and (v) the Devils shall have no liability for any loss or damage arising from your failure to comply with this provision and any other requirements applicable to any Website registration.
You must be thirteen (13) years of age or older to register for and receive certain membership benefits.
You acknowledge and agree that your username may be associated with any User Content that you post. You represent and warrant that you own or otherwise control all rights to any User Content you post on the Website. You agree that you will indemnify, defend and hold harmless the Devils for all claims resulting from User Content you post.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board or other User Content area. Information obtained in a Forum may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.
5.) DISCLAIMER: THIS WEBSITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE DEVILS DISCLAIMs ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, THE DEVILS DOes NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA THIS WEBSITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THIS WEBSITE OR ANY SOFTWARE ON THIS WEBSITE WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES, worms, OR OTHER HARMFUL ELEMENTS that may damage or destroy your computer hardware or software or telecommunications apparatus. THE USER OF THIS WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THIS WEBSITE.
While the Devils tries to provide accurate information on this Website, the Devils explicitly disclaims any responsibility for the accuracy, Content, or availability of information found on sites that link to or from this Website. The Devils 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 Website or third-party content on our Website. The Devils does not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any information contained in such third-party sites or content. The Devils does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. The Devils strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Please advise the Devils (at the contact information provided below) if you discover any inaccuracy in this Content.
6.) Limitations of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER THE DEVILS NOR ANY OF ITS DIRECTORS, MEMBERS, SHAREHOLDERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF THE Devils has BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF the Devils OR ANY OF ITS DIRECTORS, MEMBERS, SHAREHOLDERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS AFFLIATES OR OTHER REPRESENTATIVES FOR ALL DAMAGES, LOSSES AND CLAIMS (WHETHER IN CONTRACT or TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
8.) LINKS FROM THIS WEBSITE: This Website contains links to other Internet sites on the World Wide Web. We provide such links for your convenience only, and we are not responsible for the content in any site linked to or from this Website. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such site, and that such sites will be free of viruses or other harmful elements.
LINKS TO THIS WEBSITE: The following restrictions apply to all links to this Website from any on-line, cable, wireless, or other Internet website, service or browser:
(a) All permitted links to this Website must be to the Devils Website home page (www.thealbanydevils.com), and no link to the Website may be “framed” if the “frame” contains any advertising or other commercial text or graphics.
(b) Any on-line cable, wireless, or other Internet website, service or browser (other than as described in paragraph (c) below) that promotes any product (e.g., automobile or soft drink), or brand (e.g., Ford or Pepsi), or service (e.g., AOL Internet Service), or public or nonprofit institution (e.g., State of New Jersey or the United Way) may not link to this Website without the prior written permission of the Devils, even though the page/area where the link originates does not promote a product, brand, service or institution.
(c) Except as prohibited above, any on-line cable, wireless, or other Internet website, service, or browser (such as fan websites, search engines and directory websites), may link to this Website without the permission of the Devils if: (i) it is an on-line cable, wireless or other Internet website, service, or browser that does not contain any content or service (or link to any on-line cable, wireless or other Internet website, service, or browser that does not contain any content or service) that, in the sole opinion of the Devils, is distasteful, offensive or may reflect adversely upon the reputation and good will of the Devils; (ii) the link is a plain text link and does not include any mark or logo directly associated with the Devils; and (iii) the link is spatially separated from and not otherwise associated with any sponsorship advertising or other commercial text or graphics that may be on the page/area containing such plain text link.
NO ENDORSEMENT: Links to and from the Website to and from other on-line cable, wireless, or other Internet website, service or browser, maintained by third parties (“Linked Services”), and the existence of such links do not constitute an endorsement by the Devils of the Linked Services or the content thereof. The Linked Services are not under the control of the Devils and accordingly the Devils is not responsible for the Linked Services or their content, or availability of such content, or the products and services provided at the Linked Services.
9.) SUBMISSIONS: The Devils must ask that you not submit to the Website any email, message, information, material or data which contains any creative expressions, ideas, designs, artwork, inventions, know-how, techniques, or suggestions for products, services, plans or programs (collectively, “Unsolicited Submissions”), and the Devils neither assumes any responsibility for reviewing Unsolicited Submissions nor any liability as a result of any similarities between your Unsolicited Submissions and future Devils creative expressions, ideas, designs, artwork, inventions, know-how, techniques, products, services, plans or programs.
10.) TICKETS: From time to time, tickets for events to be held at the Times Union Center arena may be offered for sale at the Website. Such ticket offerings may be changed or withdrawn at any time without prior notice, and the Devils reserves the right to limit ticket order quantities or refuse to fulfill any order. In the on-line processing of credit card transactions, the Website incorporates reasonable safeguards to protect the security of your personal information. However, it is always possible that any personal information transmitted or disclosed on-line can be intercepted by others and used unlawfully. Accordingly, the Devils cannot warrant the security of your personal information.
Albany Devils Website
25 Lafayette Street
Newark, NJ 07103
(973) 757-6550 (fax)