Privacy Policy

All information collected about you during your registration for or use of the Websites or Services will be used in accordance with all applicable laws and with the  H3NetworkMedia.com Privacy Policy (the terms of which are hereby incorporated into these TOS by reference), except that any information collected about you during your registration for or use of a H3 Network Media member club’s Website will be used by the applicable H3 Network Media member club in accordance with the Privacy Policy of the applicable H3 Network Media member club Website, not the H3 Network Media.com Privacy Policy. You agree to provide correct and accurate information concerning your age in connection with the registration for any Services, subject to all applicable laws. Some of the Services may not be available to children under age 13 without the permission of a parent or guardian. You may view our privacy policy at http://www.H3NetworkMedia.com.  You may view any H3 Network Media Website’s Privacy Policy through a link on the home page of the H3 Network Media Website.  The H3 Network Media Entities have no control of, or responsibility or liability for, a H3 Network Media use, disclosure, storage or transmission of any information collected through any H3 Network Media  Website, other than the H3 Network Media that operates such Website. 6. USER PASSWORD AND

SECURITY
You will receive a password upon completing the registration process for use of the specific Services that require registration. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password. You acknowledge and agree that the H3 Network Media Entities and their vendors have no responsibility or liability for any loss or damage arising from your failure to comply.
 
USER CONDUCT
You agree that in connection with your use of the Website, the Services and the Content you will not:
 

• upload, post, email or otherwise transmit or link to any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of anyone's privacy, hateful, fraudulent, pornographic, profane, offensive, or racially, ethnically or that the H3 Network Media  judge to be otherwise objectionable, or that discloses personal or private matters concerning any person, restricts or inhibits any other person from using or enjoying any Website, or may expose the H3 Network Media Parties or their users to any harm or liability of any type, in each case as determined by the H3 Network Media Parties;

• intimidate or harass another through either affirmative or passive means (offenders risk suspension and/or banishment from the Websites, as each member is solely responsible for his or her interactions with other members);

• post topics with the sole purpose of starting a dispute; visit team forums to cheer against or demean that specific team or cheer for their opponents; wish illness or injury on any member of the H3 Network Media or its affiliates, or on other Website members; or otherwise attempt to sow discord among any of the H3 Network Media Parties’ properties;

• 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 H3 Network Media official, a current or former H3 Network Media or a Website 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 or proprietary or 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, trademark, trade secret, copyright or other intellectual property right of any party;

• upload, post, email or otherwise transmit any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;

• harvest or collect email addresses or other contact information of other users from the Services or the Websites by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

• upload, post, email or otherwise transmit any material that contains software viruses, worms, "Trojan Horses," 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 Websites, the Services, the Content or servers or networks connected to the Websites, the Services or the Content, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites, the Services or the Content; or

• intentionally or unintentionally violate, or encourage the violation of, any applicable local, state, national or international law.

 

Do not forget that when using any public forum offered via any Website (e.g. H3 Network Media Connect), your profile and posts of any kind (e.g. blogs, photos, videos, comments) are public. Refrain from posting anything you wouldn't want the world to know (e.g. your phone number, address, IM screen names, or specific whereabouts), and keep in mind that anything you post can be viewed by anyone - parents, extended family, teachers, boss, etc.

MODIFICATIONS TO WEBSITES, INCLUDING THE SERVICES
H3 Network Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Websites or the Services (or any part thereof) with or without notice. You agree that the H3 Network Media Entities shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Websites or the Services; provided that the applicable H3 Network Media Party will provide a pro-rata refund for any Pay Services which are discontinued or otherwise cancelled prior to the conclusion of the term for which payment has been received.
 
H3 Network Media  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 Websites, 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 H3 Network Media 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 Websites or in connection with the Services. All of your business dealings with vendors and advertisers appearing on the Websites or in connection with the Services, including shop. H3NetworkMedia.com, shall be at your sole risk.
 
THIRD PARTY MATERIALS, SERVICES AND EXTERNAL LINKS
The Websites and/or the Services may provide, or third parties may provide, links to other World Wide Web sites or resources; other World Wide Web sites or resources may provide links to the Website. Because the H3 Network Media Entities have no control over such sites and resources, you acknowledge and agree that the H3 Network Media 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 H3 Network Media 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, or the actions of the operators of any such site or resource.

You further understand and acknowledge that in some cases, it may be necessary or desirable to use third party services, software, technology, data, and/or other content (collectively, "Third Party Materials") either independently or in connection with various programs, features or functions available through the Websites and/or the Services. Such Third Party Materials may be downloaded to and/or stored on your computer or otherwise employed in connection with the functions and features of the Websites and the Services and you may or may not be notified of the same. Your use of Third Party Services may be subject to terms of use other than these TOS and as may be set forth by third party providers, as applicable. Further, Third Party Materials may appear to be sourced either through a Website or through a third party website. In any event, you agree and acknowledge that the H3 Network Media Entities assume no liability with respect to your use of such Third Party Materials whether you are aware of their use or not and whether or not the use of such Third Party Materials are endorsed or recommended for use by the H3 Network Media Entities.


DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
 
YOUR USE OF THE WEBSITES, THE SERVICES, THE CONTENT AND ANY THIRD PARTY MATERIALS IS AT YOUR SOLE RISK. THE WEBSITES, THE SERVICES, THE CONTENT AND ANY THIRD PARTY MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE H3 Network Media ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
 
THE H3 Network Media ENTITIES MAKE NO WARRANTY THAT (i) THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES, THE SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE WEBSITES, THE SERVICES, THE CONTENT, OR THE THIRD PARTY MATERIALS WILL BE CORRECTED, AND (vi) THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
 
ANY MATERIAL DOWNLOADED, STREAMED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES 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, STREAM OR ACCESS OF ANY SUCH MATERIAL.
 
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITES OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
 
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE H3 Network Media ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE H3 Network Media ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS; (ii) 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 WEBSITES, THE SERVICES OR THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS POSTED BY, OR THE CONDUCT OF, ANY THIRD PARTY ON THE WEBSITES, THE SERVICES OR IN THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE POSTING OR TRANSMISSION BY THIRD PARTIES OF DEFAMATORY, OFFENSIVE OR ILLEGAL MATERIAL; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY ERROR, OMISSION OR OTHER FAILURE OF PERFORMANCE BY THE H3 Network Media ENTITIES, THEIR AFFILIATES AND BUSINESS PARTNERS; ANY INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, INCLUDING COMMUNICATION LINE FAILURE; ANY COMPUTER VIRUS; AND ANY THEFT, DESTRUCTION OR ALTERATION OF, OR UNAUTHORIZED ACCESS TO OR USE OF, ANY ELECTRONIC RECORDS.
 
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 16 AND 17 MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE H3 Network Media ENTITIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE TERMS OF SECTION 18 ABOVE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE H3 Network Media ENTITES TO YOU EXCEED THE FEES PAID BY YOU (IF ANY) FOR THE SERVICE OR CONTENT GIVING RISE TO SUCH LIABILITY.
 
NOTICE
The H3 Network Media Parties may provide notices to you via email or postal mail. The H3 Network Media Parties may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Websites or by posting an amended TOS on the Websites. You may provide notices regarding all Websites that are not H3 Network Media Websites to H3 Network Media  by email at admin@H3NetworkMedia.com or by postal mail at H3 Network Media , 120 Eglinton Ave East, Toronto, Ontario M4P 1E9.  You may provide notices regarding all H3 Network Media Websites to the applicable H3 Network Media, at the address set forth on the applicable H3 Network Media Website.
 
LINKING TO THE WEBSITES AND EMBEDDING CONTENT
No link to any of the Websites may be "framed" to the extent such frame contains any sponsorship, advertising or other commercial text or graphics. All links to the Websites must be to the applicable Website's home page. "Deep Linking" to internal pages of the Websites is expressly prohibited.
 
Certain Services may provide you with the ability to embed Content into other web pages, such as features of the H3 Network Media Network Online at H3NetworkMedia.com that enable you to embed H3 Network Media video into your blog, fan site or other web page. All use of embedded Content must be for non-commercial purposes only, and may be disabled by the H3 Network Media Parties at any time. Prohibited commercial uses include any of the following actions taken without the express approval of the H3 Network Media Parties:
selling access to embedded Content on another website;
using embedded Content for the primary purpose of gaining advertising or subscription revenue;
creating a website that does nothing more than aggregate a collection of embedded Content and intentionally trying to generate ad revenue from them;
using embedded Content that the H3 Network Media Parties find, in their sole discretion, to use H3 Network Media Party resources with the effect of competing with or displacing the market for Content.
Prohibited commercial uses do not include using embedded Content to show H3 Network Media videos on an ad-enabled blog or fan website, provided the embedded Content is not used to gain advertising revenue or compete with the Websites or the H3 Network Media Parties
 
H3 Network Media STORE
You may order products and services online from shop.H3NetworkMedia.com, the Official H3 Network Media Store (the "H3 Store"). By placing an order through the Store, you agree to pay all amounts payable for such order, including taxes and shipping and handling expenses, and to be bound by the other terms applicable to such services as described at the H3 Store. Our third-party provider is solely responsible for the fulfillment of orders placed through the Store, for shipping products and for billing for products and services ordered through the Store. Visit the H3 Store to find out how you may contact our third-party provider.
 
PAY SERVICES

a. Registration and Security

• You must complete a registration form  to subscribe to all applicable Pay Services and to open a related account. As part of the registration process, you must select a user name and password. You must also provide certain registration information, all of which must be accurate and complete. You will not (i) select or use the user name of another person with the intent to impersonate that person, (ii) use a user name in which another person has rights without such person's authorization, (iii) use a user name that H3 Network Media, in its sole discretion, deems offensive, (iv) permit any third party to use or access your Pay Service accounts using your user name and password, or (v) assign, transfer or sublicense your right to use or access any Pay Services to a third party. Failure to comply with any of the foregoing shall constitute a breach of the TOS, which may result in the immediate termination of your Pay Service accounts. In such case, you may also be responsible for damages resulting from your breach of the TOS.

• By registering for a Pay Service, you warrant that: (a) you are of age of majority in the jurisdiction in which you reside; (b) all information you submit is true and correct (including without limitation all credit card information); and (c) you are the card holder of the credit card.

• You will promptly notify H3 Network Media at admin@h3networkmedia.com of any known or suspected unauthorized use of your Pay Service accounts or any known or suspected breach of the security of your Pay Service accounts, including loss, theft or unauthorized disclosure of your password or credit card information. You will promptly change your password upon any loss, theft or unauthorized disclosure of your password.

• You are responsible for maintaining the confidentiality of your password and for all usage or activity on your Pay Service accounts, including use of the Pay Services by any third party authorized by you to use your user name and password. Such responsibility expressly includes any purchases made or other charges incurred on your credit card in connection with your use (or an authorized third party's use) of the Pay Services. In the event of any fraudulent, abusive or otherwise illegal activity on your Pay Services accounts, H3 Network Media may, in its sole discretion, terminate your Pay Service accounts and refer you to appropriate law enforcement agencies. You may be responsible for damages resulting from any such fraudulent, abusive or otherwise illegal activity.

 
b. Fees and Payment

• You agree to pay all subscription fees and other charges to your Pay Services accounts, including applicable taxes, in accordance with billing terms in effect at the time each fee or other charge becomes payable.  The billing terms for H3 Network Media are posted on the Website at http://www.H3NetworkMedia.com. Such billing terms are hereby incorporated into the TOS. The billing terms may be modified from time to time. The H3 Network Media Parties reserve the right to change the amount of, or the basis for determining, any subscription fees or other charges for the Pay Services and to institute new subscription fees or other charges effective upon prior notice to you. You must provide the H3 Network Media Parties, and their billing partners, with valid credit card information. YOU (AND NOT THE H3 Network Media ENTITIES, ANY OTHER H3 Network Media ENTITY OR THEIR BILLING PARTNERS) ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY YOU OR A THIRD PARTY, WHETHER OR NOT YOU AUTHORIZED SUCH BILLING. YOU ARE ALSO RESPONSIBLE FOR PAYING ANY AND ALL TAXES AND SIMILAR CHARGES RELATING TO YOUR PURCHASE OF THE PAY SERVICES.

• In connection with some subscription options described in the billing terms, the H3 Network Media Parties or their billing partners will automatically renew your subscription and charge your Pay Services accounts with a new subscription fee on a periodic basis without further notice to you. In connection with any subscription option that provides for automatic renewal, the subscription fee for the renewal period shall be equal to the subscription fee for the preceding period unless the H3 Network Media Parties or their billing partner notifies you in advance of any change to the subscription fee.
  
  Products and Services
   
  H3 Network Media or its billing, service and fulfillment partners may provide you with certain products or services as a result of your subscription to H3 Network Media or any other Service. THE PRODUCTS AND SERVICES PROVIDED TO YOU AS A RESULT OF YOUR SUBSCRIPTION TO H3 Network Media OR ANY OTHER SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. H3 Network Media ICE, THE OTHER H3 Network Media ENTITIES AND H3 Network Media ICE'S BILLING, SERVICE AND FULFILLMENT PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCTS AND SERVICES PROVIDED TO YOU AS A RESULT OF YOUR SUBSCRIPTION TO H3 Network Media PAY SERVICES OR BASIC SERVICES.
   
  H3 Network Media - CancellationSubject to applicable laws, if you are a subscriber to the full or half season H3 Network Media  package, you may cancel your subscription to H3 Network Media  within 2 days of subscribing, and receive a refund of the subscription price; provided that if you sign up for H3 Network Media  again after cancelling, H3 Network Media reserves the right to deny further cancellation requests. You may cancel your subscription by contacting  customer support as described at (URL here) may cancel your subscription to H3 Network Media at any time without notice for conduct that H3 Network Media believes, in its sole discretion, violates the TOS, including, without limitation, conduct that H3 Network Media  believes is harmful to other subscribers, H3 Network Media business or other information providers.