DrPepperStarCenter.com

Terms of Service

Welcome to DrPepperStarCenter.com, the official website of the Dr Pepper StarCenters (the "Website"). The following terms of services ("TOS") apply to your use of the Website, including your use of or access to the Services and the Content (each as defined below) available through the Website. Please read the TOS carefully before using or accessing the Website, the Services or the Content. By using or accessing the Website, the Services or the Content, you signify your agreement to the TOS. Your use of or access to the Website, 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 Website, the Services or the Content. Your use of or access to the Website, the Services or the Content is also governed by our Privacy Policy, which is available through a link on our home page at http://www.drpepperstarcenter.com and is hereby incorporated into the TOS.

The TOS was last modified on October 10, 2006.

We hope you enjoy DrPepperStarCenter.com!

1.       TERMS OF SERVICE
Dr Pepper StarCenters, operating by Dallas Stars, L.P. ("Dr Pepper StarCenters") provides the Website, the Content and the Services to you subject to the TOS. Dr Pepper Star Center may amend the TOS from time to time without notice to you, but if it does so, it will post the amended TOS on the Website at http://www.drpepperstarcenter.com. We encourage you to review the TOS from time to time for possible changes. Your continued use of or access to the Website, 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
Dr Pepper StarCenters currently provides users with various features and services, including information on various programs offered as part of the Dr Pepper StarCenters, all of which may be updated, deleted or otherwise modified from time to time at the discretion of Dr Pepper StarCenters (collectively, the "Content").  Unless stated otherwise, the Website, the Services and the Content are subject to the TOS. You understand and agree that the Website, the Services and the Content are provided "AS-IS" and that the Dr Pepper StarCenter Entities (as defined below) assume no responsibility in connection with your use of the Website, the Services or the Content. The Website, the Services and the Content are provided for your personal, non-commercial use, entertainment and enjoyment. Further, you may not copy, distribute, modify, republish or publicly display any of the Content or Services unless you have the prior written permission of Dr Pepper StarCenters, which permission may be withheld in Dr Pepper StarCenters’ sole discretion. The Content is provided for your reference only, and you should not rely upon it for any purpose.  Dr Pepper StarCenters is not responsible for the Content's accuracy and reliability.
 

3.       USE OF LOGOS AND OTHER TRADEMARKS

All Dr Pepper StarCenters logos and marks and Dallas Stars Hockey Club logos and marks as well as all other proprietary materials depicted herein are the property of the Dr Pepper StarCenter Entities (as defined below) may not be reproduced without the prior written consent of Dr Pepper StarCenter Entities.

4.       ACCESS TO SERVICES
In order to use the Website or the Services or access the Content, you must obtain access to the World Wide Web and pay any access fees as applicable. 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.
  

5.       PRIVACY POLICY
You may view our privacy policy at http://www.drpepperstarcenter.com.
 

6.       INDEMNITY
Notwithstanding any other term of this Agreement or any act or failure to act by the Dr Pepper StarCenters or their vendors, you agree to indemnify, defend and hold harmless Dr Pepper StarCenters, Dallas Stars, L.P., Hicks Sports Group, the National Hockey League and its member clubs, and each of their respective officers, directors, governors, owners, other officials, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns (collectively, the " Dr Pepper StarCenter Entities") from and against any claim or demand, including reasonable attorneys' fees, arising out of (i) Messages you post to, submit or transmit through the Website or the Services (including any links to other World Wide Web sites or resources contained in such Messages), (ii) your use of the Website or the Services, (iii) your participation in any activities arising from the Website, (iv) your connection to the Website 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.
 

7.       MODIFICATIONS TO WEBSITE
Dr Pepper StarCenters reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that the Dr Pepper StarCenters shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
 

8.       TERMINATION
Dr Pepper StarCenters may in its sole discretion and at any time discontinue providing the Website or the Services, or any part thereof, with or without notice.

9.       THIRD PARTY MATERIALS AND EXTERNAL LINKS
The Website 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 Dr Pepper StarCenter Entities have no control over such sites and resources, you acknowledge and agree that the Dr Pepper StarCenter 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 Dr Pepper StarCenter 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 Website. 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 Website and the Services and you may or may not be notified of the same. Further, Third Party Materials may appear to be sourced either through a Dr Pepper StarCenters branded website or through a third party website. In any event, you agree and acknowledge that the Dr Pepper StarCenter 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 Dr Pepper StarCenter Entities.

10.    DISCLAIMER OF WARRANTIES
 

a.       YOUR USE OF THE WEBSITE, THE SERVICES, THE CONTENT AND ANY THIRD PARTY MATERIALS IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES, THE CONTENT AND ANY THIRD PARTY MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE DR PEPPER STARCENTER 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.

b.       THE DR PEPPER STARCENTER ENTITIES MAKE NO WARRANTY THAT (i) THE WEBSITE, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE, 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 WEBSITE, 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 WEBSITE, THE SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE WEBSITE, THE SERVICES, THE CONTENT, OR THE THIRD PARTY MATERIALS WILL BE CORRECTED, AND (vi) THE WEBSITE, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

c.        ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE 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 OF ANY SUCH MATERIAL.

d.       NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

11.    LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE DR PEPPER STARCENTER 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 DR PEPPER STARCENTER 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 WEBSITE, 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 WEBSITE, 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 WEBSITE, 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 WEBSITE, 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 DR PEPPER STARCENTERS, ITS 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.
 

12.    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 10 AND 11 MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE NHL ENTITIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
 

13.    NOTICE
Dr Pepper StarCenters may provide notices to you via email or postal mail. Dr Pepper StarCenters may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Website or by posting an amended TOS on the Website. You may provide notices to Dr Pepper StarCenters by email at starcenterinfo@drpepperstarcenter.com or by postal mail at Dr Pepper StarCenters, 2601 Avenue of the Stars, Frisco, Texas 75034, U.S.A.
 

14.    LINKING TO THE WEBSITE
No link to the Website may be "framed" to the extent such frame contains any sponsorship, advertising or other commercial text or graphics. All links to the Website must be to http://www.drpepperstarcenter.com, the Website home page. "Deep Linking" to internal pages of the Website is expressly prohibited.