- ADDRESS VERIFICATION
HockeyClan.com seeks to allow users of the Site to communicate amongst themselves. Persons who register to use the Site (referred to herein as “Members”) must identify their place of residence. Although we attempt to verify Members’ residency, please do not assume that our verification processes are perfect.
- YOUR ACCOUNT AND USE OF THE SITE
As a condition to accessing certain parts of the Site, you may be required to create an account (“Account”) and select a password and username. You should provide accurate, complete and updated registration information, including your email and home mailing address; failure to do so may result in suspension or termination of your Account.
You agree that you will not select or use, in conjunction with your HockeyClan.com Account, a name of another person or entity with the intent to impersonate that person or entity or with the intent to otherwise cause confusion as to the origin or provenance of your Account. HockeyClan.com reserves the right, in its sole discretion, to refuse registration of, suspend, terminate, or modify any user Account. You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you agree to notify HockeyClan.com immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
Your use of the Site is at your own risk. You understand that when using the Site you will be exposed to content from a variety of sources, and that HockeyClan.com is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against HockeyClan.com with respect thereto.
As a general matter, we do not control or vet user-generated content for accuracy. HockeyClan.com assumes no responsibility for the accuracy or reliability of any information provided by Members on or off the Site. Nor is HockeyClan.com responsible for the conduct, whether online or offline, of any Member, advertiser or other user of the Site. HockeyClan.com assumes no liability, and expressly disclaims any liability, that may result from the use of information provided on the Site. All users, including Members and advertisers, hereby expressly agree not to hold HockeyClan.com (or HockeyClan.com’s officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers) liable for the actions or inactions of any Member, advertiser or other third party or for any information, instruction, advice or services that originated through the Site, and, to the maximum extent permissible under applicable law, HockeyClan.com expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise therefrom, whether known or unknown at the time of use.
- PERSONAL OPINIONS
Opinions, advice, statements, offers, or other information or content that is made available on the Site but that is not authored directly by HockeyClan.com are those of their respective authors, who are solely responsible for such content. HockeyClan.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, statement, offer or other information that is not authored directly by HockeyClan.com. Under no circumstances will HockeyClan.com be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site; or b) reviews or comments made about you on the Site by any other user.
- OWNERSHIP OF CONTENT
The Site and the content accessible through the Site, and all intellectual property rights included in or associated with the Site, including but not limited to patents, copyrights, trademarks and service marks, are owned, licensed or used with permission by us, and all right, title and interest in and to the Site and such content remains with us. Material from the Site may not be copied, distributed, republished, uploaded, posted, modified, reverse engineered, or transmitted in any manner without our prior written consent. Certain content may be licensed from third parties; all such third-party content and intellectual property rights (including any trademarks or service marks) related to such content belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or in such third-party content.
- OWNERSHIP OF USER SUBMISSIONS
When you provide us with a User Submission, you grant to us, our parent, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of that User Submission or any part thereof (including, without limitation, your name, voice, likeness and other identifying information) in any form, media, software or technology of any kind, now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products.
If you delete a User Submission from the Site, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submission. In addition, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission from the Site. Termination of your account will not automatically delete your User Submissions.
We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parent, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.
- CONTENT OF USER SUBMISSIONS
You are solely responsible for your User Submissions. By using the Site and the Services, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Any User Submission that is false, inaccurate, misleading, unlawful, libelous, defamatory, abusive, profane, obscene, pornographic, indecent, lewd, suggestive, sexually oriented, harassing, threatening, invasive of privacy or publicity rights, inflammatory, fraudulent or otherwise objectionable.
- Any User Submission that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or otherwise create liability or violate any local, state, national or international law;
- Any User Submission that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse, or that gives the false impression that any content of a User Submission emanates from com.
- Any User Submission that includes any recommendation, endorsement, rating, or review of a service provider with whom or with which you have not had direct experience or a relationship as a client or customer;
- Any User Submission that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations, including, without limitation, any advertisements for professional services, professional service providers, or professional referral services;
- Private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files; and
- Any answers, responses, comments, opinions, analyses or recommendations that you are not properly licensed or otherwise qualified to provide; and
- Any User Submission that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Site, or that may expose us or our users to any harm or liability of any type.
- OUR RIGHT TO MANAGE CONTENT
- COM CLASSIFIEDS
We run HockeyClan Classified Ads (the “Ad Service”) as a service to the Web community. Users of the Ad Service must be of legal age with the ability to enter into binding contracts.
Payment terms are to be agreed upon between seller and buyer. HockeyClan.com is not involved in the transaction.
HockeyClan.com reserves the right to refuse service to anyone at any time. The offering for sale of illegal items, including counterfeit goods, is expressly prohibited. Pornographic and other offensive or illegal content will be removed immediately if we discover it or are made aware of it. However, we assume no responsibility to review the content or context of any advertisement (“Ad”) posted on the Site, either before or after the Ad is posted. We cannot and do not guarantee that we will notice or prevent any inappropriate Ads or any inappropriate use of the Site.
HockeyClan cannot guarantee preservation of records, and may expire information without notice, at its sole discretion.
If you post an Ad on the Site, or if you respond to an Ad that has been posted on the Site, you do so at your own risk. By posting or responding to an Ad, you agree to release HockeyClan.com, its owners, operators, affiliates, licensors and licensees (collectively, “the Released Persons”) from any liability for any injury, death, illness, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) your use of the Ad Service (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention with respect to any aspect of the Ad Service; (v) electronic or human error that may occur in the administration of the Ad Service. Furthermore, by posting or responding to an Ad, you agree to indemnify, defend and hold harmless the Released Persons from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) regarding all matters related to your use of the Ad Service.
- THECOM COUPON SERVICE
We provide Hockey Clan Coupons (the “Coupon Service”) as a service to the Web community. Users of the Coupon Service must be of legal age with the ability to enter into binding contracts. Payment terms are to be agreed upon between seller and buyer. Hockey Clan is not involved in the transaction. Users submitting coupons should have written authorization from their employers or company prior to doing so.
HockeyClan.com reserves the right to refuse service to anyone at any time. The offering for sale of illegal items, including counterfeit goods, is expressly prohibited. Pornographic and other offensive or illegal content will be removed immediately if we discover it or are made aware of it. However, we assume no responsibility to review the content or context of any coupon (“Coupon”) posted on the Site, either before or after the Coupon is posted. We cannot and do not guarantee that we will notice or prevent any inappropriate Coupons or any inappropriate use of the Site.
HockeyClan cannot guarantee preservation of records, and may expire information without notice, at its sole discretion.
A failure by a user of the Coupon Service or by the user’s company to ensure acceptance of properly submitted coupons may jeopardize the user’s ability to submit coupons or other listings in the future. Determinations in this regard shall be in the sole discretion of HockeyClan.com.
If you post a Coupon on the Site, or if you use a Coupon that has been posted on the Site, you do so at your own risk. By posting or using a Coupon, you agree to release HockeyClan.com, its owners, operators, affiliates, licensors and licensees (collectively, “the Released Persons”) from any liability for any injury, death, illness, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) your use of the Coupon Service (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention with respect to any aspect of the Coupon Service; (v) electronic or human error that may occur in the administration of the Coupon Service. Furthermore, by posting or responding to a coupon, you agree to indemnify, defend and hold harmless the Released Persons from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) regarding all matters related to your use of the Coupon Service.
- PROHIBITED ACTIVITIES.
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or other malicious code, intended to damage or interfere with the proper working of the Site or to surreptitiously intercept or expropriate any system, data or personal information from the Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to engaging in denial-of-service attacks, sending “spam” or engaging in any other such unsolicited overload technique. You may not use the Site or the Services as a service bureau for third parties. You agree not to use the Site or any material contained on the Site: (a) in a manner that violates any local, state, provincial, national, foreign, or international statute, regulation, rule, order, treaty, or other law, including intellectual property law; (b) to stalk, harass or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt any other websites, servers or networks connected to the Site.
Some of the services on HockeyClan.com, including without limitation Classified Advertising and Banner Advertising, require the payment of fees (the “Paid Services”). All fees are stated in United States dollars. You shall pay all applicable fees, as described in the applicable services, in connection with such services, and any related taxes or additional charges. Paid Services are limited licenses for you to use particular for-pay aspects of the Services. Usage of terms such as “sell,” “sale,” “buy,” “purchase,” or similar terms all refer to your acquisition of a license to use Paid Services, and do not represent any transfer of any right, title, or ownership interest of any kind. You may not relicense, resell, transfer, or exchange Paid Services within or outside of the Site, except as expressly allowed by HockeyClan.com.
HockeyClan.com may, in its sole discretion, modify the functionality of, or eliminate, Paid Services, or the terms and conditions under which Paid Services are provided. Purchases of Paid Services are final and non-refundable (particularly those Paid Services that may be used immediately, such as Promotions, as defined below), except at our sole discretion and in accordance with the rules governing each such Paid Service. Termination of your Account or your rights under this Agreement may result in forfeiture of existing Paid Services. To the extent applicable, we will provide you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Service. If you do not wish to pay the new prices, you may choose not to purchase, or to cancel, the applicable Paid Service prior to the change going into effect.
HockeyClan.com may from time to time provide certain promotional opportunities, sweepstakes and contests to Users. All such promotions will be run at the sole discretion of HockeyClan.com and can be activated, modified or removed at any time by HockeyClan.com without advance notification.
The Site may contain links to third-party websites or resources that are not under the control or operation of HockeyClan.com. We provide any such links only as a convenience. We do not own or have responsibility for content posted on, or available from, any third-party website or resource. The use of any third-party content contained on or accessed from the Site may be conditioned upon terms and conditions provided by such third-party providers. You acknowledge and agree that HockeyClan.com is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Furthermore, links to such websites or resources do not imply any endorsement by HockeyClan.com of such websites or resources or of the content, products or services available from such websites or resources. You hereby acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
DISCLAIMER OF WARRANTIES.
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “AS AVAILABLE”BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SITE, INCLUDING, WITHOUT LIMITATION, AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, DELAY IN TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS, ALTERATION OF OR USE OF CONTENT, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SITE OR SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY USER SUBMISSION OR OF ANY SERVICE MENTIONED ON THE SITE. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Applicable law may not allow exclusion of implied warranties, so the above exclusion may not apply to you.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL HOCKEYCLAN.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUES, ARISING FROM YOUR USE OR INABILITY TO USE THE SITE AND/OR THE SERVICES, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, IF IT IS DETERMINED THAT HOCKEYCLAN.COM IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY OF HOCKEYCLAN.COM EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT, IF ANY, THAT YOU PAID HOCKEYCLAN.COM IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT HOCKEYCLAN.COM HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions that may supersede the foregoing limitations. As a result, these limitations may not apply to you.
- TERMINATION OF USE
In the event HockeyClan.com determines that you are not eligible to use the Site, have violated any terms stated herein, are not suitable for participation as a Member, or have misused or misappropriated Site content, including but not limited to use on a “mirrored,” competitive, or third party site, HockeyClan.com reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in HockeyClan.com, with or without notice. HockeyClan.com also reserves the right, in its sole discretion, to terminate your access to all or part of the Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in HockeyClan.com, for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for the termination. We shall not be liable to you or any third-party for any such termination.
You may delete your account or disable your application at any time.
- DIGITAL MILLENIUM COPYPYRIGHT ACT (DMCA) NOTICES
We respect the intellectual property rights of others, and require that the people who use the Site and Services do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the e-mail address listed below (see 17 U.S.C. Section 512(c)(3) for further detail):
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe that any of your User Submissions that were subsequently removed from the Site, or to which access was disabled, were improperly removed or disabled, please provide the following counter-notification to the e-mail address listed below (see 17 U.S.C. Section 512(g) for further detail):
- your physical or electronic signature;
- a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
- DISPUTE RESOLUTION/SELECTION OR FORUM
By using the Site, you agree that any and all disputes that cannot be resolved between the parties, and any causes of action arising out of or relating to the Site, will be resolved individually, without resort to any form of class action, exclusively before a court located in Monmouth County, New Jersey. By using the Site, you specifically agree to the jurisdiction of, and venue in, the Superior Court of New Jersey, Monmouth County. In any such dispute, you hereby waive and relinquish any right to seek attorneys’ fees or treble, punitive, incidental or consequential damages, and you shall not be permitted to obtain any such award.
- GOVERNING LAW
This Agreement shall be governed in all respects by the laws of the United States of America and the State of New Jersey without regard to conflict of laws principles of any jurisdiction.
- NO AGENCY, ETC.
This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship.
- WAIVER AND SEVERABILITY
- ACCESS FROM FOREIGN COUNTRIES
The Site is hosted in the United States. HockeyClan.com makes no representation or claim that the content on the Site is appropriate or may be downloaded outside of the United States. Access to the content in certain countries may not be legal. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
- SECTION HEADINGS
Section headings contained in this Agreement are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section.
- ENTIRE AGREEMENT