TERMS & CONDITIONS
ACCESS TO SITE
The Providence Bruins (“we” or “us”) and PSE Agency may refuse, restrict or suspend access to the Site at any time, without warning or notice, for any reason, in our sole discretion. The Providence Bruins reserve the right to modify, suspend or terminate the Site or any feature or portion thereof at any time, without warning or notice, for any reason, in our sole discretion. The Providence Bruins shall not be liable to you or any third party for modification, suspension or termination of your access to the Site, or any modification, suspension or termination of the Site or any feature or portion thereof.
The Providence Bruins grant you a limited, revocable, non-exclusive license (with no right to sublicense) to use, access and display material provided on the Site, including the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Site Content”) solely for your non-commercial, personal use. You may not copy, reproduce, distribute, broadcast, publish, collect into a database, publicly display, perform, modify, create derivative works of, sell, license, transmit by any means, method, or process now known or later developed, or in any way exploit any part of the Site or Site Content, without the express written consent of the Providence Bruins.
Site Content may include certain text, files, images, photos, video, sounds, musical works, works of authorship, messages, notes, and other content that is provided by you or other Site users through the message boards and other interactive features of the site (collectively, “User Content”). You understand and agree that User Content is the sole responsibility of the user providing such content and that the Providence Bruins bear no responsibility or liability for any such User Content. The Providence Bruins do not endorse and have no control over User Content and have no obligation to review such content. User Content may not reflect the opinions or policies of the Providence Bruins.
You will use the Site and its contents only for lawful purposes and only in accordance with applicable law and this Agreement. Other than connecting to the Site using a Web browser, you may not attempt to gain access to the Providence Bruins’ servers or the servers operating this Site by any means, including, without limitation, by using administrator passwords or by representing yourself as an administrator while using the Site or otherwise.
You agree not to upload, post, transmit, share, store or otherwise make available any content that is or may be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, indecent, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You further agree not to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
We reserve the right in our sole and absolute discretion, but are not obligated, to investigate and take appropriate action, including, but not limited to, removing any content or User Content from the Site for any reason, suspending or canceling any Member’s membership status, and/or commencing legal action against any user who violates this Agreement or otherwise misuses the Site.
(T) THIRD PARTY LINKS
PROSHOP / ONLINE STORE
The Providence Bruins online store (the “ProShop”) is hosted by an independent merchandise vendor, Shopify.
When placing an order on the Store, you will be providing personal information, including payment information, directly to the Providence Bruins. You agree to pay the Providence Bruins all amounts accrued in your account, including sales tax and shipping and handling charges, when due. Your purchase may be subject to additional terms and conditions of sale, including return policies, established by Infinity. The Providence Bruins may, in their sole discretion, decline service to or terminate your account without notice.
Questions relating to the Store, merchandise, order status and payment should be directed to [email protected].
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE PROVIDENCE BRUINS, ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES OR LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCURRED AS A RESULT OF YOUR USE OF THIS SITE, ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE, YOUR RELIANCE ON THIS SITE OR ANY SITE CONTENT, OR ANY STATEMENTS, WARRANTIES, REPRESENTATIONS, OFFERS, EVENTS OR ADVERTISEMENTS OF ANY THIRD PARTY COMPRISING SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PROVIDENCE BRUINS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify and hold harmless the Providence Bruins, its members, managers, officers, directors, partners, shareholders, parents, subsidiaries, affiliates, agents, employees and licensors, from and against any and all claims, actions, suits, losses, expenses, damages, obligations, liabilities, and costs, including reasonable attorneys fees, arising from or related to: (a) your use of and access to the Site; (b) your violation or breach of any of the terms of this Agreement and/or your representations or warranties; (c) your placement or transmission of any User Content on or through the Site; or (d) your violation of the rights of any third party, including but not limited to any copyright, property, or privacy right. This defense and indemnification obligation will survive your use of the Site. We reserve the right to take over the exclusive defense of any claim for which we or any of the indemnitees listed above are entitled to indemnification hereunder. In such event, you shall pay all fees and costs for such defense and shall provide us with such cooperation at no charge as is reasonably requested by us.
LOCATION/CONSENT TO TRANSFER
If any provision of this Agreement is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
TRANSFER OF RIGHTS
You may not transfer or assign any of rights, obligations or licenses granted to you hereunder. However, the Providence Bruins may transfer or assign the rights, obligations and licenses hereunder at any time and without restriction.
LAW AND VENUE
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Rhode Island, as they are applied to agreements entered into and performed entirely within Rhode Island. Any action you, any third party or the Providence Bruins may bring to enforce this Agreement or in connection with any matters related to the Site shall be brought only in the state or federal courts located in Providence County, Rhode Island, and you expressly consent to the exclusive jurisdiction of said courts over yourself and any such matters.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.
For questions about the Terms & Conditions, ProvidenceBruins.com, the Providence Bruins, or PSE Agency and its affiliates, please contact:
Dunkin' Donuts Center
1 La Salle Sq, Providence RI 02903