Terms & Conditions
Terms of Service
Welcome to the official website of the PPG Paints Arena. The following terms of service (“TOS”) apply to your use of the consolenergycenter.com. Please read the TOS carefully before using or accessing the Websites, the Services or the Content. By using or accessing the Websites, the Services or the Content, you signify your agreement to the TOS. Your use of or access to the Websites, the Services or the Content is also subject to all applicable laws and regulations. If you do not agree to any of the terms or conditions in the TOS, you should not use or access the Websites, the Services or the Content.
1. TERMS OF SERVICE
We encourage you to review the TOS from time to time for possible changes. Your continued use of or access to the Websites, the Services or the Content after any amendment of the TOS signifies your agreement to the amended TOS. In addition, when using or accessing any Services or any Content, you will be subject to any additional posted guidelines or rules applicable to such Services or Content. All such additional guidelines or rules are hereby incorporated by reference into the TOS.
2. SERVICES AND CONTENT
Unless stated otherwise, the Websites, the Services and the Content are subject to the TOS. You understand and agree that the Websites, the Services and the Content are provided “AS-IS” and that Pittsburgh Arena Operating, LP assumes no responsibility in connection with your use of the Websites, the Services or the Content. The Websites, the Services and the Content are provided for your personal, non-commercial use, entertainment and enjoyment. Under the TOS, you may download or stream certain Content and Services available on the Websites to a single personal computing device for your personal use and entertainment. You may not use any of the Content or Services for commercial purposes. The Services may not be viewed in areas open to the public or in commercial establishments where multiple people can view it at the same time. Further, you may not copy, distribute, modify, republish, broadcast, retransmit or publicly display any of the Content or Services, create derivative works of them, charge admission for their viewing, or transmit or distribute running accounts of them. The Content is provided for your reference only, and you should not rely upon it for any purpose. Pittsburgh Arena Operating, LP is not responsible for the Content’s accuracy and reliability. It is your responsibility to impose any viewing restrictions on other family members or guests, as you think appropriate. Pittsburgh Arena Operating, LP is not responsible to you or anyone else based on the content of the Content or Services.
4. USER CONDUCT
You agree that in connection with your use of the Website, the Services and the Content you will not:
a. 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 NHL Parties 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 Pittsburgh Arena Operating LP to any harm or liability of any type, in each case as determined by Pittsburgh Arena Operating LP;
b. 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);
c. 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 Pittsburgh Arena Operating LP or its affiliates, or on other Website members; or otherwise attempt to sow discord;
d. harm or attempt to harm minors in any way;
e. impersonate any person or entity, including, but not limited to, a National Hockey League official, an NHL member club official, a current or former NHL member club player or a Website forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
f. 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);
g. upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party;
h. upload, post, email or otherwise transmit any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
i. 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;
j. 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;
k. 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
l. intentionally or unintentionally violate, or encourage the violation of, any applicable local, state, national or international law.
The NHL Parties reserve the right, but have no obligation, to become involved in any way with disputes between you and other Website members, and to resolve said disputes any way in which the NHL Parties see fit.
Do not forget that when using any public forum offered via any Website (e.g. NHL 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.
Notwithstanding any other term of this Agreement you agree to indemnify, defend and hold harmless Pittsburgh Arena Operating, LP from and against any claim or demand, including reasonable attorneys’ fees, arising out of (i) Messages you post to, submit or transmit through the Websites or the Services (including any links to other World Wide Web sites or resources contained in such Messages), (ii) your use of the Websites or the Services, (iii) your participation in any activities arising from the Websites, (iv) your connection to the Websites or the Services, (v) your violation of, or failure to perform your obligations under, the TOS or (vi) your violation of any rights of another.
6. MODIFICATIONS TO WEBSITES, INCLUDING THE SERVICES
Pittsburgh Arena Operating, LP 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 Pittsburgh Arena Operating LP shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Websites or the Services;
7. PITTSBURGH ARENA OPERATING, LP 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 Pittsburgh Arena Operating LP 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, shall be at your sole risk.
8. THIRD PARTY MATERIALS, SERVICES AND EXTERNAL LINKS
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. 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. PITTSBURGH ARENA OPERATING, LP 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.
b. PITTSBURGH ARENA OPERATING, LP 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.
c. 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.
d. 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.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PITTSBURGH ARENA OPERATING, LP 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 PITTSBURGH ARENA OPERATING, LP 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 PITTSBURGH ARENA OPERATING, LP, 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.
11. 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 PITTSBURGH ARENA OPERATING, LP SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE TERMS OF SECTION 17 ABOVE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE NHL ENTITES TO YOU EXCEED THE FEES PAID BY YOU (IF ANY) FOR THE SERVICE OR CONTENT GIVING RISE TO SUCH LIABILITY.
12. 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.
13. GENERAL PROVISIONS
The TOS constitute the entire agreement between you and Pittsburgh Arena Operating, LP and govern your use of the Websites, the Services and access to the Content, superseding any prior agreements between you and Pittsburgh Arena Operating, LP. 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 failure of Pittsburgh Arena Operating, LP to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS shall 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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
14. CHOICE OF FORUM AND GOVERNING LAW
SUBSCRIBERS FROM OUTSIDE THE UNITED STATES SHOULD PAY PARTICULAR ATTENTION TO THE FOLLOWINg: THE TOS AND THE RELATIONSHIP BETWEEN YOU AND PITTSBURGH ARENA OPERATING, LP SHALL BE GOVERNED BY THE LAWS OF THE STATE OF PENNSYLVANIA WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. REGARDLESS OF YOUR PLACE OF RESIDENCE OR THE LOCATION FROM WHICH YOU USE THE WEBSITE, THE SERVICES OR THE CONTENT, THIS TOS CONSTITUTES AN AGREEMENT MADE IN THE STATE OF PENNSYLVANIA, USA. YOU AND PITTSBURGH ARENA OPERATING, LP AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE COURTS LOCATED WITHIN THE COUNTY OF ALLEGHENY, PENNSYLVANIA.