Terms of Use Agreement
Welcome to Hockey54.com, The Face of the Game™. The site primes itself to be the “Facebook of hockey,” with the addition of original video and editorial content. It will encourage and provide access to NHL players and alumni through social networking, and will also provide fresh editorial and multimedia content. Users can create profiles, add friends, send messages, blog in forums, and provide user-generated content. The site is designed to be the perfect community to manage and build one’s hockey identity online, while networking globally with other hockey fans, players, and NHL hockey heroes.
Hockey54.com and all other Hockey54 URL's registered under other domain extensions (collectively "Hockey54," "the Site," or "the Service") is operated by H-54 Productions (collectively "us", "we", "our", or "the Company"). The Service includes the Hockey54 Web site located at www.Hockey54.com, Hockey54 Web sites located at any URL registered under another domain extension (ie: Hockey54.ca, and any other features, content, functionality, applications, or other services offered from time to time by Hockey54. By accessing and using our site you (collectively "you," "Member," or the "User") acknowledge that you have read, understood, and are bound by the Terms of Use ("Terms of Use" or "Agreement"). You are bound by this agreement whether you are an unregistered visitor on the Site or are a registered member of Hockey54. The term "User" refers to both unregistered visitors and registered Site members. The Company reserves the right to change, modify, or in any way alter this Terms of Use agreement. By continuing to use the Site you acknowledge that you accept any updates to this agreement. The date of the last update of this Agreement will always be found at the top of the Agreement, directly underneath the Terms of Use heading. It is your responsibility to check for any updates in this Agreement. If you do not agree to any of the terms set forth do not use the Site.
Please read this agreement carefully. Your use of Hockey54.com is subject to the following terms:
Eligibility
Use of and membership in Hockey54 is void where prohibited. This site is intended for users who are thirteen (13) years or older, and users between the ages of thirteen (13) and eighteen (18) who have received full parental/guardian permission to use our site. By using this site you warrant that:
1. You satisfy the age requirements of this site;
2. All registration information and information posted on your Hockey54 profile is accurate and truthful;
3. You are committed to maintaining the accuracy of all of your information; (d) you will maintain the security of your password and identification;
4. You are fully responsible for all use of your account; and,
5. Your use of Hockey54.com does not violate any applicable laws or regulations.
Term
This Agreement shall remain in full force and effect while you are a registered user. You may terminate your registration at any time, or Hockey54 may terminate your registration at any time for any reason or no reason at all. Regardless of the reason for account termination, this Agreement will remain in full effect. Member acknowledges that without limiting the foregoing rights of Company, any violation of any of these Terms of Use may result in termination of this Agreement in Company's sole discretion.
Proprietary Rights
All site content including designs, photos, information, software, text, graphics, music, applications, sound, video, and other files ("Site Content") is the property of H-54 Productions. All rights are reserved. Site Content may not be modified, framed, reproduced, repurposed, republished, downloaded, displayed, posted, transmitted, copied, distributed, or sold in any way, shape, or form without the Company's prior written consent. Except where explicitly authorized by a user, Hockey54 does not claim ownership of any text, information, photos, videos, sounds, or other works or files ("User Generated Content") that you post, publish, upload, or display on Hockey54. By posting User Generated Content on Hockey54 you grant Hockey54 and its affiliates a non-exclusive, fully-paid, royalty-fee, sub-licensable, worldwide limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Generated Content.
You are solely responsible for User Generated Content that you post on Hockey54. Hockey54 maximizes its efforts to moderate all content posted by users, but does not guarantee that all content submitted by users will be reviewed and deleted if deemed inappropriate. Hockey54 does not endorse or have any control over the content submitted by our users. Hockey54 assumes no responsibility for prohibited content, no obligation to modify or remove any prohibited content, and no responsibility for the conduct of the user submitting any such content. The following is a partial list of the type of content that is considered prohibited ("Prohibited Content"):
Content that:
- Is discriminatory, threatening, or exploitive in nature or advocates the maltreatment or harassment of others.
- Contains explicit subject matter such as nudity, violence, expletive language or refers to any other website with explicit subject matter.
- Is solicitous. Solicitous content includes content that seeks passwords or other personally identifying information.
- Aims at commercial interests. Without the expressed written consent of Hockey54, all content and usage of the Site shall be for non-commercial purposes only. Commercial activities include, but are not limited to, advertisements, contests, sweepstakes, bartering, pyramid schemes.
- Includes information about or media of any third party or person that is posted without the third party or person consent.
- Aids, abets, or promotes any criminal activity or information that is false or criminal in nature.
- Is impersonating, accusatory, false, misleading, or unfair.
- Uses sexually suggestive imagery or any other misleading content intended to draw traffic to a Profile, Group Page, or any other section of the site.
- Involves "spamming," "junk-mail," "chain letters," "mass instant messaging," or other mass means of communication.
- Solicits any personal information from anyone under 18.
Hockey54 reserves the right to remove, alter, delete, and amend all Prohibited Content as outlined in this list or deemed inappropriate and prohibited by the representatives of the Company. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
Furthermore, the following list contains, but is not limited to, activities and/or user conduct that are considered illegal and prohibited on Hockey54 ("Prohibited Activity"). Hockey54 reserves the right to take the appropriate legal action against anyone or group who commits any type of Prohibited Activity. Prohibited Activity includes, but is not limited to, the following activities:
1. Criminal activity, which includes, but certainly is not limited to, child pornography, fraud, trafficking, theft, gambling, drug dealing, prostitution, copyright infringement, transmission of viruses, harassment, stalking, verbal abuse, spamming, or any content or conduct that demonstrates these activities.
2. Commercial, non-authorized use of the Hockey54 site.
3. Altering the appearance or functionality of the Site in any way, shape, or form, through the transmission of any code, virus, or other means.
4. Intentional overuse of the site with the expressed purpose of slowing site latency and loading.
5. Automated use of the site. This includes the use of automated scripts.
6. Use of the account of any other Hockey54 member or permitting any third party to access your account or password.
7. Selling or transferring your profile.
8. Using information obtained on Hockey54 to harass, abuse, harm, or obtain any competitive advantage over any other person, group, or team 9. Collecting e-mail addresses or other contact information for the purposes of solicitation.
10. Using the site in any unlawful manner.
11. Uploads, transmits, posts, or shares any software viruses or computer code, or files or programs designed to debilitate or interrupt the Site.
Copyright Policy & Trademarks
Users may not upload, post, reproduce, distribute, or transmit in any way materials that violate another party's intellectual property rights. In accordance with the Digital Millennium Copyright Act, Hockey54 will terminate the accounts of members who repeatedly infringe the copyrights of others. At its sole discretion, Hockey54 may also terminate the memberships of any users who infringe upon the intellectual property rights of others whether or not there is repeat infringement. If you believe your intellectual property has been infringed upon Hockey54, please notify and address your concerns to "Copyright Agent" at This e-mail address is being protected from spambots. You need JavaScript enabled to view it and provide the following information:
1. Identify the work or material that you claim is infringed. You must also provide reasonably sufficient information to allow Hockey54 to locate the alleged infringing material. This includes the material's URL.
2. Provide the electronic or physical signature of the owner of the copyright. Alternatively you may provide the electronic or physical signature of the person authorized to act on the owner's behalf.
3. Include a statement made by you that you, in good faith, believe that the material in question is an unauthorized copyright infringement. You must also testify that the information you are providing is accurate and that you are either the copyright owner or are authorized to act on the owner's behalf.
4. Include your contact information (name, address, e-mail, phone number).
Hockey54.com, The Face of the Game™ is proprietary marks of H-54 Productions. Hockey54.com's trademark may not be used in connection with any product or service that is not provided by Hockey54.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hockey54.com.
All other trademarks displayed on Hockey54 are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors.
User Disputes
Each user is solely responsible for his or her interaction with other users. Hockey54 reserves the right, but has no obligation, to monitor disputes between users.
Privacy Policy
The Hockey54 Privacy Policy is considered an extension of this agreement. Refer to our Privacy Policy page to view the entire policy.
Third Party Disclaimers
Hockey54 is not responsible or liable for any content posted on the Hockey54 Web site by any third party user. We do not control what other users post, transmit, or share on Hockey54 and are not responsible for any inappropriate content posted by any third party user. The Company is also not responsible for the conduct of any user of the Site.
From time to time, Hockey54 produced articles, videos, photos, graphics, files, or other programs may contain links to other Web sites ("Linked Sites"). Additionally, User Content may contain links to Linked Sites. Hockey54 is not responsible for the content, accuracy, opinions expressed on such Linked Sites. We do not monitor these Linked Sites nor do we endorse them. Accessing these Linked Sites should be done at your own risk.
Additionally Hockey54 is not responsible for any third party advertisements posted on the Site, and does not endorse any companies, products, or services associated with advertisements shown on Hockey54.com.
General Disclaimers
The Site may be temporarily unavailable from time to time. Hockey54 assumes no responsibility for any interruptions of service, technical malfunction, e-mail failure, deletion of service, theft, destruction, or unauthorized access to the service, or any alteration to User communications on the Site. Under no circumstances will Hockey54 be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site, any interaction between Users of the Site, whether online or offline, or any Content or applications displayed on the Site.
The Site and all services associated with the Site are provided "AS-IS" and Hockey54 expressly disclaims any representations and warranties, whether expressed or implied, including any warranty of fitness for a particular purpose or non-infringement. Hockey54.com does and cannot guarantee any specific results from use of the Site.
Exercise caution when using Hockey54.com. Hockey54 does not warrant that any content, applications, user information, or software is accurate, complete, reliable, or error-free, or that any applications are free of Viruses or are in any way harmful to your computer. You understand that you may download Site Content and run Site applications at your own discretion and risk and that you will be solely responsible for any harmful effects that may result.
Hockey54 reserves the right to change any part of the site at any time without notice and at the Company's sole discretion.
Limitation on Liability
HOCKEY54.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR HOCKEY54.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF HOCKEY54.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Indemnification
Member agrees to indemnify and hold Hockey54.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
Applicable Laws. This site is administered by H-54 Productions from its offices in Toronto, Ontario. These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of laws.
Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable provincial, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, provincial, national, or international law or regulation.
Communications with Hockey54
You agree that all questions, suggestions, ideas, comments, and other feedback provided by you to Hockey54 shall become the sole property of the Company ("Communications"). All right, including intellectual property rights, shall be owned exclusively by Hockey54 and all work product resulting from these Communications may be used without acknowledgement or compensation to you.
Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Hockey54.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
This Privacy Policy was last updated 09/01/2009.
