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HockeyLink.Ca Terms of Use
Thank you for visiting HockeyLink.Ca,
the official website of the CHML (the "Web
site"). The following terms and conditions
apply to your use of the Web site, including
access to the Services (as defined below)
and Content (as defined below) available
through the Web site. Please read these
terms and conditions carefully before using
the Web site, accessing the Content and/or
using the Services. By using the Web site,
the Services or the Content, you are consenting
to the terms and conditions in this Terms
of Use agreement as they apply to you and
your usage and access. Your use of the Web
site, the Content and the Services is also
subject to all applicable laws and regulations.
If you do not agree to any of the terms
of use in this agreement (the "TOU"),
you should not use the Web site, the Services
or the Content. Your use of the Web site,
the Content and the Services is also governed
by our Privacy Policy, which is available
through a link on our homepage.
Thank you for visiting HockeyLink.Ca!
1. TERMS OF USE
Canadian Hockey Media Ltd (CHML) provides
the Web site, the Content and the Services
to you subject to the following TOU. The
TOU may be updated by us from time to time
without notice to you. You can review the
most current version of the TOU at any time
at: http://www.hockeylink.ca/termsofuse.html.
We suggest that from time to time, you review
the TOU for possible changes. In addition,
when using any Services or accessing any
Content, you will be subject to any posted
guidelines or rules applicable to such Services
or Content. All such additional guidelines
or rules are hereby incorporated by reference
into the TOU.
2. SERVICES AND CONTENT
CHML currently provides users with various
features and services, including fan forums,
player chats and other interactive and non-interactive
features, all of which may be updated, deleted
or otherwise modified from time to time
at the discretion of CHML (collectively,
the "Services"). In addition,
CHML also provides access to certain footage
(video and audio), photographs, text, images,
statistics, logos and other media and intellectual
property related to or otherwise associated
with the National Hockey League, its member
clubs and the sport of hockey (collectively,
the "Content"). Unless stated
otherwise, the Web site, Services and Content
are subject to the TOU. You understand and
agree that the Web site, Services and Content
are provided "as-is" and that
CHML assumes no responsibility in connection
with your use of the Web site, the Services
or the Content. The Web site, the Services
and the Content are provided for your non-commercial
entertainment and enjoyment. Under the TOU,
you may download certain Content and Services
available on the Web site to a single personal
computing device for your personal use and
entertainment. You many not use any of the
Content or Services for commercial purposes.
Further, you may not distribute, modify,
republish or publicly display any of the
Content or Services unless you have the
prior, written permission of CHML, which
permission may be withheld in CHML's sole
discretion.
3. ACCESS TO SERVICES
In order to use the Web site or the
Services or access the Content, you must
obtain access to the World Wide Web and
pay any service fees associated with such
access. 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.
4. BACKGROUND INFORMATION
In order to use certain elements of
the Services, you will be required to register
with CHML by providing certain information
about yourself, including your name and
e-mail address. In consideration of your
use of the Services, you agree to: (a) provide
true, accurate, current and complete information
about yourself as requested in connection
with the provision of and/or registration
for any of the Services, subject, of course,
to all applicable laws. If you provide any
information that is untrue, inaccurate,
not current or incomplete, or CHML has reasonable
grounds to suspect that such information
is untrue, inaccurate, not current or incomplete,
CHML has the right to suspend or terminate
your password and refuse any and all current
or future use of the Services.
5. ACCESS BY CHILDREN
If you are age 13 or under, your parent
or guardian must give us his or her consent
before you register to use the Services.
To give us consent, your parent or guardian
must complete and send to us the parental
consent form, which can be obtained upon
request by sending us an e-mail at webmaster@hockeylink.ca.
You agree to provide correct and accurate
information concerning your age in connection
with the registration for any Services,
subject, of course, to all applicable laws.
6. PRIVACY POLICY
All information collected about you
during registration for use of the Services
will be used in accordance with our Privacy
Policy and all applicable laws. You may
view our privacy policy at http://www.hockeylink.ca.
7. MEMBER PASSWORD AND SECURITY
You may receive a password upon completing
the registration process for use of some
of the Services. You are responsible for
maintaining the confidentiality of the password,
and are fully responsible for all activities
that occur under your password. CHML cannot
and will not be liable for any loss or damage
arising from your failure to comply with
this Section 7.
8. MEMBER CONDUCT
You agree that in connection with your
use of the Web site, the Services and the
Content you will not:
a. upload, post, email or otherwise transmit
any content that is unlawful, harmful,
threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous,
invasive of anyone's privacy, hateful,
or racially, ethnically or otherwise objectionable;
b. harm or attempt to harm minors in
any way;
c. impersonate any person or entity,
including, but not limited to, a National
Hockey League official, an NHL member
club team official, a current or former
NHL member club player, an CHML forum
leader, guide or host, or falsely state
or otherwise misrepresent your affiliation
with a person or entity;
d. 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, proprietary and confidential
information learned or disclosed as part
of employment relationships or under nondisclosure
agreements);
e. upload, post, email or otherwise transmit
any content that infringes any patent,
trade-mark, trade secret, copyright or
other intellectual property right of any
party;
f. upload, post, email or otherwise transmit
any unsolicited or unauthorized advertising,
promotional materials, "junk mail",
"spam", "chain letters",
"pyramid schemes", or any other
form of solicitation;
g. upload, post, email or otherwise transmit
any material that contains software viruses
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;
h. interfere with or disrupt the Web
site, the Services, the Content or servers
or networks connected to the Web site,
the Services or the Content, or disobey
any requirements, procedures, policies
or regulations of networks connected to
the Web site, the Services and/or the
Content;
i. intentionally or unintentionally violate
any applicable local, provincial, national
or international law.
9. USER MESSAGES
a. With respect to any messages, information,
data, graphics, photographs, images, creative
ideas, concepts, know-how, techniques, suggestions
or improvements or other content that you
transmit, submit, post or upload to the
Web site and/or in connection with any of
the Services (each, a "Message"),
you are, by transmitting or uploading such
Message, granting CHML a perpetual, royalty-free,
sub-licensable, non-exclusive, worldwide
and irrevocable right and license to use,
reproduce, modify, publish, translate, prepare
derivative works based upon, and distribute
such Message for any purpose and in any
form. This license is granted automatically
and no payment of any kind will be due to
you. At times, CHML may solicit Messages
from users. Your provision of any such Messages
in response to a solicitation by CHML shall
be subject to a grant of a license to CHML
as specified above.
b. When any user posts any Message to the
Web site or any of the Services, CHML shall
have the right, but not the obligation,
in its sole discretion, to review, edit
or delete any Message for any reason in
CHML's sole discretion. It is CHML's policy
to fully cooperate with law enforcement
authorities and court orders which request
or require CHML to disclose personal information
or the postings of anyone posting Messages
to the Web site or any of the Services.
Although CHML may monitor and/or review
Messages from time to time, it is under
no obligation to do so and CHML does not
assume any liability or responsibility with
respect to any Messages, including those
that contain errors, defamatory content,
pornography, profanity or inaccuracies.
c. You acknowledge and agree that CHML
may preserve Messages and may also disclose
Messages if required to do so by law or
in the good faith belief that such preservation
or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce
the TOU; (c) respond to claims that any
Message violates the rights of third parties;
or (d) protect the rights, property, or
personal safety of CHML, its users and the
public. You understand that the technical
processing and transmission of the Services,
including Messages, may involve (i) transmissions
over various networks; and (ii) changes
to conform and adapt to technical requirements
of connecting networks or devices.
10. VOTING
CHML may offer you the opportunity to
vote in connection with various polls and
possible event opportunities. By casting
your vote, you are agreeing to abide by
the TOU and any and all voting guidelines
posted on the Web site.
11. INDEMNITY
You agree to indemnify, defend and hold
harmless CHML, the National Hockey League
and its member clubs, NHL Enterprises Canada
L.P., NHL Enterprises L.P., NHL Enterprises
B.V., 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 ("Entities") from and
against any claim or demand, including reasonable
legal fees and disbursements, arising out
of Messages you post to, submit or transmit
through the Web site or the Services, your
use of the Web site or the Services, your
connection to the Web site or the Services,
your violation of the TOU, or your violation
of any rights of another.
12. MODIFICATIONS TO WEB SITE, INCLUDING
THE SERVICES CHML reserves the right
at any time and from time to time to modify
or discontinue, temporarily or permanently,
the Web site or Services (or any part thereof)
with or without notice. You agree that the
Entities shall not be liable to you or to
any third party for any modification, suspension
or discontinuance of the Web site or the
Services.
13. TERMINATION
You agree that CHML, in its sole discretion,
may terminate your password or use of the
Web site and/or the Services, and remove
and discard any Message within the Services,
for any reason, including, without limitation,
for lack of use or if CHML believes that
you have violated or acted inconsistently
with the letter or spirit of the TOU. CHML
may also in its sole discretion and at any
time discontinue providing the Web site
or the Services, or any part thereof, with
or without notice. You agree that any termination
of your access to the Services under any
provision of this TOU may be effected without
prior notice, and acknowledge and agree
that CHML may immediately deactivate or
delete your password and all related information
and/or files corresponding to your password
and/or bar any further access to such files
or the Services. Further, you agree that
the Entities shall not be liable to you
or any third party for any termination of
your access to the Services.
14. CHML 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 Web site, 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 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 Web
site or in connection with the Services.
All of your business dealings with vendors
and advertisers appearing on the Web site
or in connection with the Services, shall
be at your sole risk.
15. LINKING
The Web site and/or Services may provide,
or third parties may provide, links to other
World Wide Web sites or resources. Because
the Entities have no control over such sites
and resources, you acknowledge and agree
that the 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
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.
16. PROPRIETARY RIGHTS
You acknowledge and agree that (i) HockeyLink.Ca,
Canadian Hockey Media Ltd and any associated
logo marks, are registered trade-marks of
CHML and/or their respective owners. National
Hockey League; and (ii) all Maple Leafs
and NHL logos and marks and NHL member club
logos and marks as well as all other proprietary
materials depicted on the Web site, the
Services and Content are the property of
CHML and/or their respective owners are
licensed to CHML and may not be reproduced
without the prior written consent of CHML
and their respective owners. You further
acknowledge and agree that (i) any necessary
software used in connection with the Web
site, the Services and the Content (the
"Software") contains proprietary
and confidential information that is protected
by applicable intellectual property and
other laws and are either owned by or licensed
to CHML; and (ii) content contained in sponsor
advertisements or information presented
to you through the Web site, the Services
and the Content or advertisers is protected
by copyrights, trade-marks, service marks,
patents or other proprietary rights and
laws. Except as expressly authorized by
the Entities or advertisers, you agree not
to reproduce, republish, upload, post, transmit,
distribute, copy, publicly display or otherwise
use any Content or any derivative works
based on the Web site, Services, Content
or the Software, in whole or in part. You
agree not to modify the Software in any
manner or form, or to use modified versions
of the Software, including (without limitation)
for the purpose of obtaining unauthorized
access to the Services. You agree not to
access the Services by any means other than
through the interface that is provided by
CHML for use in accessing the Services.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE WEB SITE, THE SERVICES
AND THE CONTENT IS AT YOUR SOLE RISK. THE
WEB SITE, THE SERVICES AND THE CONTENT ARE
PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE"
BASIS. THE ENTITIES EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. THE ENTITIES MAKE NO WARRANTY THAT (i)
THE WEB SITE, SERVICES OR THE CONTENT WILL
MEET YOUR REQUIREMENTS, (ii) THE WEB SITE,
THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM YOUR USE
OF THE WEB SITE, THE SERVICES OR THE CONTENT
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE WEB SITE, THE SERVICES
OR THE CONTENT WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE OPERATING
ON THE WEB SITE WILL BE CORRECTED. c. ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE WEB SITE 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 WEB SITE OR THROUGH OR FROM THE
SERVICES OR THE CONTENT SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOU.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
THE ENTITIES SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF THE ENTITIES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE
THE WEB SITE, THE SERVICES OR THE CONTENT;
(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 WEB SITE,
THE SERVICES OR THE CONTENT; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE WEB SITE, THE SERVICES
OR IN THE CONTENT; OR (v) ANY OTHER MATTER
RELATING TO THE WEB SITE, THE SERVICES OR
THE CONTENT.
19. 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 17
AND 18 MAY NOT APPLY TO YOU.
20. NOTICE
Notices to you may be made via either
email or regular mail. The Web site may
also provide notices of changes to the TOU
or other matters by displaying notices or
links to notices to you generally on the
Services.
21. LINKING TO THE WEB SITE
No link to the Web site may be "framed"
to the extent such frame contains any sponsorship,
advertising, or other commercial text or
graphics. All links to the Web site must
be to www.hockeylink.ca, the Web site home
page. "Deep Linking" to internal
pages of the Web site is expressly prohibited.
22. GENERAL PROVISIONS
The TOU constitute the entire agreement
between you and CHML and governs your use
of the Web site, the Services and access
to the Content, superseding any prior agreements
between you and CHML. 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 TOU and the relationship between you
and CHML shall be governed by the laws of
the Province of Ontario without regard to
its conflict of law provisions. You and
CHML agree to submit to the personal and
exclusive jurisdiction of the courts located
within the Province of Ontario. The failure
of CHML or any of the other Entities to
exercise or enforce any right or provision
of the TOU shall not constitute a waiver
of such right or provision. If any provision
of the TOU 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 TOU 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 TOU must be filed within one (1)
year after such claim or cause of action
arose or be forever barred. The section
titles in the TOU are for convenience only
and have no legal or contractual effect.
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