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| Terms of Use |
TERMS OF SERVICE FOR USER (“TOS”)MyHockeySpace.com is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends. The services offered by MyHockeySpace.com ("MyHockeySpace.com" or "we") include the MyHockeySpace.com website (the "MyHockeySpace Website"), the MyHockeySpace.com Internet messaging service, and any other features, content, or applications offered from time to time by MyHockeySpace.com in connection with the MyHockeySpace Website (collectively, the "MyHockeySpace Services"). The MyHockeySpace Services are hosted in Canada. This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the MyHockeySpace Services. By using the MyHockeySpace Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the MyHockeySpace Website) or you are a "Member" (which means that you have registered with MyHockeySpace.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the MyHockeySpace Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the MyHockeySpace Website and discontinue use of the MyHockeySpace Services immediately. If you wish to become a Member, communicate with other Members and make use of the MyHockeySpace Services, you must read this Agreement and indicate your acceptance during the Registration process. This Agreement includes MyHockeySpace.com's policy for acceptable use of the MyHockeySpace Services and Content posted on the MyHockeySpace Website, your rights, obligations and restrictions regarding your use of the MyHockeySpace Services and MyHockeySpace.com's Privacy Policy. In order to participate in certain MyHockeySpace Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the MyHockeySpace Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. 1. ACCEPTANCE OF TERMS 2. DESCRIPTION OF SERVICE 3. YOUR REGISTRATION OBLIGATIONS (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If any information is untrue, inaccurate, not current or incomplete, or 29 Sports has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 29 Sports has the right to limit, suspend or terminate your account and refuse any and all current or future use of the Service. Please choose carefully the information you post on MyHockeySpace.com and that you provide to other Users. Your MyHockeySpace.com profile may not include the following items: personal data, any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other MyHockeySpace.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and MyHockeySpace.com assumes no responsibility or liability for this material. If you become aware of misuse of the MyHockeySpace Services by any person, please contact info@MyHockeySpace. MyHockeySpace.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the MyHockeySpace Services at any time, for any or no reason, with or without prior notice, and without liability. You will be provided with a membership, your membership will 1. be entirely the responsibility of the User; 2. be entirely the responsibility of the User for maintaining its confidentiality and safe keeping; 3. be removed from the Site in the case of External Environment and by Licensee in the case of the Internal Environment; and 4. be an instrument of service and at all times remains the property of Licensor. Users will create their own User ID/name upon subscribing to the Internal or External Environment. Each User will then select a password. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify MyHockeySpace.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. 4. YOUR FEE OBLIGATIONS 5. PRIVACY POLICY 6. MEMBER CONDUCT 7. CONTENT SUBMITTED TO MYHOCKEYSPACE You acknowledge that 29 Sports does not pre-screen Content, but that 29 Sports and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. MyHockeySpace.com may delete any Content that in the sole judgment of MyHockeySpace.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. MyHockeySpace.com assumes no responsibility for monitoring the MyHockeySpace Services for inappropriate Content or conduct. If at any time MyHockeySpace.com chooses, in its sole discretion, to monitor the MyHockeySpace Services, MyHockeySpace.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. Without limitation, 29 Sports and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You represent and warrant that: (i) you own the Content posted by you on or through the MyHockeySpace Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the MyHockeySpace Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the MyHockeySpace Services. The MyHockeySpace Services contain Content of MyHockeySpace.com ("MyHockeySpace.com Content"). MyHockeySpace.com Content is protected by copyright, trademark, patent, trade secret and other laws, and MyHockeySpace.com owns and retains all rights in the MyHockeySpace.com Content and the MyHockeySpace Services. MyHockeySpace.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the MyHockeySpace.com Content (excluding any software code) solely for your personal use in connection with viewing the MyHockeySpace Website and using the MyHockeySpace Services. The MyHockeySpace Services contain Content of Users and other MyHockeySpace.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the MyHockeySpace Services. You are solely responsible for the Content that you post on or through any of the MyHockeySpace Services, and any material or information that you transmit to other Members and for your interactions with other Users. MyHockeySpace.com does not endorse and has no control over the Content. Content is not necessarily reviewed by MyHockeySpace.com prior to posting and does not necessarily reflect the opinions or policies of MyHockeySpace.com. MyHockeySpace.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the MyHockeySpace Services. MyHockeySpace.com reserves the right to investigate and take appropriate legal action against anyone who, in MyHockeySpace.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the MyHockeySpace Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of MyHockeySpace.com: 1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 2. harasses or advocates harassment of another person; 3. exploits people in a sexual or violent manner; 4. contains nudity, violence, or offensive subject matter or contains a link to an adult website; 5. solicits personal information from anyone under 18; 6. provides any telephone numbers, street addresses, last names, URLs or email addresses; 7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; 9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; 10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); 11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; 12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; 13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; 14. includes a photograph of another person that you have posted without that person's consent; or 15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile. The following is a partial list of the kind of activity that is illegal or prohibited on the MyHockeySpace Website and through your use of the MyHockeySpace Services. MyHockeySpace.com reserves the right to investigate and take appropriate legal action against anyone who, in MyHockeySpace.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: 16. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; 17. advertising to, or solicitation of, any Member to buy or sell any products or services through the MyHockeySpace Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the MyHockeySpace Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, MyHockeySpace.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which MyHockeySpace.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the MyHockeySpace Services, you acknowledge that you will have caused substantial harm to MyHockeySpace.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay MyHockeySpace.com $50 for each such unsolicited email or other unsolicited communication you send through the MyHockeySpace Services; 18. covering or obscuring the banner advertisements on your personal profile page, or any MyHockeySpace.com page via HTML/CSS or any other means; 19. any automated use of the system, such as using scripts to add friends or send comments or messages; 20. interfering with, disrupting, or creating an undue burden on the MyHockeySpace Services or the networks or services connected to the MyHockeySpace Services; 21. attempting to impersonate another Member or person; 22. for band profiles, copying the code for your MyHockeySpace Player and embedding it into other profiles or asking other Members to embed it into their profiles; 23. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; 24. selling or otherwise transferring your profile; 25. using any information obtained from the MyHockeySpace Services in order to harass, abuse, or harm another person; 26. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the MyHockeySpace Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or 27. using the MyHockeySpace Services in a manner inconsistent with any and all applicable laws and regulations. 8. INDEMNITY 9. NO RESALE OF SERVICE NON-COMMERCIAL USE BY MEMBERS The MyHockeySpace Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by MyHockeySpace.com. Illegal and/or unauthorized use of the MyHockeySpace Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the MyHockeySpace Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the MyHockeySpace Services. 10. GENERAL PRACTICES REGARDING USE AND STORAGE 11. MODIFICATIONS TO SERVICE 12. TERMINATION 13. ADVERTISEMENTS AND PROMOTIONS 14. LINKS 15. PROPRIETARY RIGHTS 16. DISCLAIMER OF WARRANTIES (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RlSK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 29 SPORTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) 29 SPORTS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVlCE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY DOWNLOADING OR OTHER PROVISION OF MATERIAL THROUGH THE USE OF THE SERVICE 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 OR OTHER PROVISION OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SWURV OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. 17. LIMITATION OF LIABILITY 18. EXCLUSIONS AND LIMlTATIONS 19. NOTICE 21. COPYRIGHTS 22. LAW, LEGAL NOTICES AND GENERAL INFORMATION You agree to abide by Canadian and all other applicable laws, including, without limitation, applicable export control laws, and not to transfer, by electronic transmission or otherwise, any Content or software subject to restrictions under such laws to a national destination prohibited under such laws without first obtaining, and then complying with, requisite governmental authorization. You further agree not to upload through 29 Sports any data or software that cannot be exported without prior written governmental authorization, including, without limitation, certain types of encryption software. This assurance and commitment shall survive termination of this TOS. 23. VIOLATIONS 24. MEMBER DISPUTES 25. PRIVACY 26. DISCLAIMERS Please contact us at: info@MyHockeySpace with any questions regarding this Agreement. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. IMPORTANT DISCLAIMERS AND LEGAL INFORMATION General Disclaimer Trademark Information USERS GUIDELINES FOR CONDUCTMyHockeySpace is designed to allow the rich exchange of information, data, text, software, music, sound, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted. As noted in the Terms of Service ("TOS"), all Content is the sole responsibility of the person(s) originating or transmitting such Content. This means that you, and not 29 Sports, are responsible for all Content that you upload, post or otherwise transmit via the Service. You agree not to use the Service to: (a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, sexually, or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, without limitation, a 29 Sports official, forum leader, guide or host, or falsely state, or otherwise misrepresent, your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to another accessible page); (e) upload, post 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); (f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (g) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation, except that designated forms of advertising, promotional materials, or solicitations may be transmitted in areas of the Service that may designated for such use; (h) upload, post 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; (i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that adversely affects other users' ability to engage in real time exchanges; (j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (k) violate any applicable local, state, national or international law, including, without limitation, regulations promulgated by the Ontario Securities Commission, the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the Toronto Stock Exchange, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (l) "stalk" or otherwise harass another; (m) collect or store personal data about other users except in the normal course of social interaction, such as maintenance of an address book; (n) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual or property; (o) use your Site (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the 29 Sports Environment (MyHockeySpace); (p) have multiple 29 Sports Environment (MyHockeySpace) User IDs; or (q) engage in commercial activities except as authorized by 29 Sports Inc (29 Sports). This includes, without limitation, the following activities: a.) offering for sale any products or services; b.) soliciting for advertisers or sponsors; c.) conducting raffles or contests that require any type of entry fee; d.) displaying a sponsorship banner, advertisement or commercial endorsement of any kind, including those that are generated by banner or link exchange services, with the sole exceptions of 29 Sports authorized programs; and e.) displaying banners for services that provide cash or cash equivalents prizes to users in exchange for hyperlinks to their web sites. These Community Guidelines for Conduct should be read in conjunction with the 29 Sports TOS. You can review the most current version of the TOS at any time on MyHockeySpace – See User Guidelines for Conduct and Safety Tips.
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