Terms of Use

Lake Erie Monsters Terms of Use

Thank you for visiting the Monsters! Please read these terms and conditions of use carefully before using www.lakeeriemonsters.com (the "Website"). Your access to and use of the Website is subject to the following terms and conditions (including the Privacy Policy of the Website) and all applicable laws. By accessing and using this Website, you signify your assent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the Website. These Terms of Use may be amended or modified, or new conditions may be imposed, at any time. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes to these terms (including the Privacy Policy ) will mean you accept those changes.

TABLE OF CONTENTS
1. OWNERSHIP AND USE RESTRICTIONS 
2. MESSAGE FEATURES
3. SUBMISSIONS 
4. DIGITAL MILLENNIUM COPYRIGHT ACT
5. VOTES, CONTESTS AND SWEEPSTAKES 
6. LINKS 
7. LAKE ERIE MONSTERS TEAM SHOP 
8. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY 
9. THIRD PARTY CONTENT 
10. NOTICE 
11. INDEMNIFICATION 
12. TERMINATION OF SERVICE 
13. SOFTWARE 
14. CHOICE OF LAW 
15. MISCELLANEOUS

1. OWNERSHIP AND USE RESTRICTIONS
Lakeeriemonsters.com is owned by Cavaliers Hockey Holdings, LLC ("CHH") and shall be referred to herein as the "Operator." The content and materials contained within the Website (including, but not limited to, video, audio, photos, text, images, statistics, updated scores, logos and other intellectual property related to the Lake Erie Monsters, the AHL and its member teams) ("Content") are either owned by or licensed to CHH. No Content from the Website may be reproduced, republished, uploaded, posted, transmitted, reproduced, distributed, copied, publicly displayed or otherwise used except as provided in these Terms of Use without the written permission of CHH.

The Operator maintains this Website for your personal entertainment, information, education, and communication. Please feel free to browse the Website. You may download material displayed on the Website to any single computer only for your personal, noncommercial use, provided you also maintain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, reproduce, republish, display, modify, transmit, reuse, repost, or use any materials of the Website for public or commercial purposes on any other website or otherwise without the written permission of the Operator. Modification of any materials displayed on the Website is a violation of the Operator’s copyright and other proprietary rights. The names, logos, trademarks and service marks of Lake Erie Monsters and other teams (collectively, the "Trademarks") appearing on the Website are Trademarks of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of its respective owner. Your use of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms of Use, is strictly prohibited.

Images of people or places displayed on the Website are either the property of, or used with permission by, the Operator. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The Operator neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with the Operator.

2. MESSAGE FEATURES
The Website may offer opportunities for you to send messages or make public postings in connection with various features including without limitation games, polls, promotions, and the Forum (message boards) ("Message Features"). In order to participate in any Message Feature, you may be required to provide accurate and complete personal information consisting of your name and e-mail address, which shall be collected pursuant to the Privacy Policy of this Website. In addition, you may be required to register with a third party administrator of any such Message Feature and will be subject to any applicable terms and conditions of use.

You must use Message Features in a responsible manner and in accordance with specific posted rules, including without limitation, Guidelines for Posting. You must not transmit any message ("Message") on the Website that: (i) restricts or inhibits any other user from using and enjoying the Website; (ii) is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; or (ix) contains material irrelevant to the subject matter of the Message Feature.

The Operator shall have the right, but not the obligation, in its sole discretion to review, edit or delete any Message transmitted in any Message Feature that: (i) violates any term of these Terms of Use; or (ii) is otherwise illegal, offensive or inappropriate. Depending on the nature of the violation, the Operator shall have the sole discretion to terminate your access to the Website. Please be advised that the Operator will fully cooperate with any law enforcement authorities or court order requesting or directing the Operator to disclose personal information of anyone who submits a Message that violates the foregoing terms in accordance with the Privacy Policy of the Website.

Although the Operator may from time to time monitor or review Messages submitted in discussions, chats, postings, transmissions, bulletin boards, and the like on the Website, the Operator is under no obligation to do so and assumes no responsibility or liability arising from the content of any Message nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Message in any Message Feature does not constitute approval or endorsement by the Operator.

Messages submitted to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like are, and will be treated as, nonconfidential and nonproprietary. By submitting a Message to the Website, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and the Operators other than pursuant to these Terms of Use; and (iv) is subject to the grant of rights to the Operator described in paragraph 3 below.

3. SUBMISSIONS 
If you have a great idea, the Monsters want to hear it! Feel free to share your thoughts and ideas on how the Monsters can create the absolute best hockey fan experience. Note that anything submitted by you to Lakeeriemonsters.com, whether solicited or not, will be owned by CHH and may be used by CHH for any purpose, now or in the future, without any payment to, or further authorization by, you. We reserve the right to use your name in connection with the broadcast, print, online or other use or publication of your submission. Note that we assume no responsibility for reviewing such submissions and we will not incur any liability as a result of any similarities between your submissions and future CHH or AHL products or programs.

4. DIGITAL MILLENNIUM COPYRIGHT ACT
You may not upload, post or otherwise distribute on this Website anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express authorization for such uploading, posting or distribution on the web.

The unauthorized use, uploading, posting, and/or distribution of Content protected by copyright or other proprietary rights is illegal and subjects the malfeasant to civil penalties and criminal prosecution. CHH, its affiliates, officers, directors, employees, agents or any such similarly situated persons or entities are not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary right protected material.

CHH, pursuant to the Digital Millennium Copyright Act, designates Sarah Jamieson to receive complaints and notices of suspected copyright infringements. If you believe that your work has been copied and is accessible on the Website in a way that constitutes infringement, you may notify CHH by providing the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 
2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e. web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; 3. Identification of the URL or other specific location on the Website where the material that you claim is infringing is located; 
4. Your address, telephone number and e-mail address; 
5. 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; 
6. 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.

Sarah Jamieson can be reached via e-mail at webmaster@lakeeriemonsters.com and by regular mail at Cavaliers Hockey Holdings, 1 Center Ice, Cleveland, Ohio 44115.

5. VOTES, CONTESTS AND SWEEPSTAKES 
The Website may offer you opportunities to vote in connection with certain events and also to enter contests and sweepstakes. By casting a vote or entering contests or sweepstakes, you signify your agreement to all special terms set forth on the Website applicable to the balloting, contest or sweepstakes, as well as to the terms set forth in these Terms of Use.

6. LINKS
The following restrictions apply to all links to the Website from any on-line, cable, wireless or other website, service or browser:

A. On-line, cable, wireless or other sites, services or browsers created by, licensed by or substantially associated with any entity that regularly promotes any product (e.g., apparel or computers), brand (e.g., Nike or Gatorade) or service (e.g., Internet service providers or ticket sellers) (a "Commercial Website") may not link to Lakeeriemonsters.com without the written permission of CHH, even if the page/area where the link originates does not promote a product, brand or service.

B. Sites, services or browsers other than Commercial Websites (e.g., fan sites, chamber of commerce sites, search engines, widely available Internet browsers) ("Permissible Sites") may link to Lakeeriemonsters.com without the express written permission of CHH if such link is: (i) a "word" (as opposed to a "logo") link (e.g., "Lakeeriemonsters.com," or "The Official Website of the Monsters"); and (ii) 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 word link.

C. The Lake Erie Monsters logo or any other logo of the AHL or its teams (a "logo" link) may not be used to link to Lakeeriemonsters.com without the written permission of CHH.

D. No link to the Website may be "framed" by the Permissible Website where the link originated if such "frame" contains any sponsorship, advertising or other commercial text or graphics.

E. All links to Website from a Permissible Website must be to the Website's home page. Links to internal pages within the Website (e.g., a player page, a photo gallery or a feature article) are not permitted.

F. The posting or creation of any link to the Website signifies that you have read these linkage restrictions and agree to abide by their terms.

7. LAKE ERIE MONSTERS TEAM SHOP ON LAKEERIEMONSTERS.COM 
A. The Lake Erie Monsters Team Shop on Lakeeriemonsters.com (the "Store") allows you to order products (the "Merchandise") subject to conditions posted in the Customer Service section of the Store.

B. Questions relating to the Store, Merchandise and its fulfillment should be directed to either by: (i) e-mail to monstersteamshop@lakeeriemonsters.com or (ii) telephone at (800) 252-6061.

8. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY 
While the Operator uses reasonable efforts to include accurate and up to date information in the Website, the Operator makes no warranties or representations as to its accuracy. The information contained in or made available through the Website (including, but not limited to information contained on Message Features or text files) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. The Operator assumes no liability or responsibility for any errors or omissions in the content of the Website.

The Operator and its respective affiliates, owners, employees, directors, officers or shareholders (collectively, the "Operator Parties") make no representation that the materials contained in the Website are appropriate or authorized for use in all countries, states, provinces, county or any other jurisdictions. If you choose to access the Website, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.

THE MATERIALS IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATOR PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATOR PARTIES DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE WEBSITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATOR PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE WEBSITE AT YOUR SOLE RISK.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL THE OPERATOR PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE WEBSITE, OR THE USE OR INABILITY TO USE THIS WEBSITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL THE OPERATOR PARTIES' AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS WEBSITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS WEBSITE, IF ANY.

The Website may contain links and pointers to other World Wide Web sites, resources, and advertisers of the Website. Links to and from the Website to other sites, maintained by third parties, do not constitute an endorsement by the Operator or any affiliate of any third party website or content. The Operator is not responsible for the availability of these third party resources, or their contents. The Operator has not reviewed any or all of the sites linked to the Website and are not responsible for the content of any off-Website pages or any other sites linked to the Website. Your linking to the Website, off-Website pages or other sites is at your own risk and without the permission of the Operator. By clicking on any such link, you acknowledge that the Website has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against the Operator with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or webmaster.

9. THIRD PARTY CONTENT 
CHH may display Content supplied by visitors and other third parties on its website (“Third Party Content”). The Third Party Content supplied by visitors and other third parties belongs to the respective owners of that Content and CHH maintains no editorial control over such Content.

THE OPERATOR PARTIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY THIRD PARTY CONTENT. THE OPERATOR PARTIES DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY THIRD PARTY CONTENT.

The Operator Parties shall not, under any circumstances, be liable for any loss, damage or harm to property or person caused by your or anyone else's reliance on Third Party Content available on this Website. You are solely responsible for evaluating and acting on any Third Party Content available on this Website.

10. NOTICE 
The Operator may give notice to users of the Website by means of a general notice on the Website, electronic mail to a user's e-mail address if on record in the Operator's account information, or by written communication sent by first class mail to a user's address if on record in the Operator's account information. You may give notice to the Operator (such notice shall be deemed given when received at any time by any of the following means):

1. electronic mail to contactus@Lakeeriemonsters.com
2. letter faxed to CHH at the following fax number: (216) 420-2298;
3. letter delivered by first class postage prepaid mail or courier to CHH at the following address: 
Customer Service
Cavaliers Hockey Holdings
1 Center Ice 
Cleveland, Ohio 44115

11. INDEMNIFICATION 
You hereby agree to indemnify and hold CHH, the AHL, its member teams, vendors, business partners and each of their respective general and limited partners, members, shareholders, directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages and expenses (including attorneys' fees and court costs) arising out of or relating to: (i) your use of the Website, including, but not limited to use of any Message Feature or the Store; and (ii) any breach or alleged breach of these Terms of Use.

12. TERMINATION OF SERVICE 
The Operator may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. The Operator may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability at any time in the Operator's exclusive discretion, without prejudice to any legal or equitable remedies available to the Operator, for any reason or purpose, including, but not limited to, conduct that the Operator believes violates these Terms of Use or other policies or guidelines posted on the Website or conduct which the Operator believes is harmful to other customers, to the Operator's business, or to other information providers. Upon any termination of this agreement, you will immediately discontinue your use and access of the Website and destroy all materials obtained from it.

13. SOFTWARE 
Software and other materials from this Website may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Website may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iran, Libya, North Korea, the Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The Operator does not authorize the downloading or exportation of any software or technical data from this Website to any jurisdiction prohibited by the United States Export Laws.

14. CHOICE OF LAW 
These Terms of Use and any disputes relating to these Terms of Use or the Website will be governed by the laws of the State of Ohio, United States of America, without regard to its principles of conflicts of laws. Any claim relating to these Terms of Use or the Website shall be exclusively prosecuted in a federal or state court of competent jurisdiction located within the City of Cleveland, State of Ohio, United States of America, and you hereby consent to the jurisdiction of such court solely for such purposes and you further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient. You further agree to accept service of process by certified mail, return receipt requested at the address designated by you. The Operator will be entitled to recover their court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of these Terms of Use.

15. MISCELLANEOUS 
These Terms of Use constitute the entire agreement between the parties, and supersedes all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and the Operator. The Operator in its sole discretion may amend these Terms of Use, and your use of the Website after such amendment is posted on the Website will constitute acceptance of it by you. The section headings in these Terms of Use are for convenience only and must not be construed as legal advice to you. If any provision of these Terms of Use is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.