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MYHockey Rankings Terms of Service Version 2.0 This Agreement contains the complete terms and conditions that apply to an individual's, family's or entity's usage privileges for MYHockeyRankings.com. This includes, but is not limited to, our membership service. As used in this Agreement, "we", "us", or "our" means MYHockeyRankings.com (aka MYHockey or MHR) or any of our affiliate companies, as the case may be, and "you" means the member. “MYHockeyRankings.com Sites” means, collectively, the MYHockeyRankings.com web site and the MNHockeyRankings.com web site, as applicable (i.e., depending on the context, MYHockeyRankings.com may mean both or only one of those sites), which have their primary home pages identified by the URLs www.myhockeyrankings.com and www.mnhockeyrankings.com, respectively." Overview This Subscriber Agreement/Terms of Service governs your use of MYHockeyRankings.com, and unless other terms and conditions expressly govern, any other electronic services from MYHockeyRankings.com that may be made available from time to time (each, a "Service"). If you agree to be bound by the terms of this Agreement, you should click on the "I AGREE" button. If you do not agree to be bound by the terms of this Agreement, you should leave the "I AGREE" button unchecked. If you do not click on the "I AGREE" button you will not be able to proceed with the registration process for the respective Service and become a subscriber. To the extent you have access to, or are using, a Service without having completed our registration process or clicked on an "I AGREE" button, you are hereby notified that your continued use of a Service is subject to many of the terms and conditions of this Agreement. 1. Changes to Terms of Service We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Service that the terms have been "updated"). The changes also will appear in this document. You signify that you agree to be bound by such changes by using a Service after changes are made to this Agreement. 2. Privacy and Your Account Registration data and other information about you are subject to our Privacy Policy. Your information may be stored and processed in the United States and by subscribing to a Service, you consent to the transfer of information outside of your country. If you access a Service using a password, you are solely responsible for maintaining the confidentiality of that password. If you provide someone else with access to your password to a Service, they will have the ability to view information about your account and make changes through the website for the Service. You agree to notify us promptly if you change your email so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice. 3. Fees and Payments You agree to pay the membership fees and any other charges incurred in connection with your user name and password for a Service at the rates in effect when the charges were incurred. We will bill all charges automatically to your credit card through the use of our third party credit card processing service, unless you chose to pay using PayPal funds. Membership fees will be billed at the beginning of your subscription or any renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service. Your membership will incur a one-time charge. We will not keep your credit card on file and we will not automatically rebill you without explicit consent. 4. Length of Service Upon registration and payment of services, you will have access to the service until the end of the fall/winter hockey season, currently identified as May 31 of each year. On August 1st of each year a new service season will begin where you will have a choice to renew your service or let it expire. Should you let your service expire, you must save any information that you have contributed to the services prior to your service expiration. Access to this information after the end of your service agreement will require a renewal to gain access to said information. 5. Renewal Your membership will not automatically renew. You will be notified of your service expiration, but no membership charge will processed except when explicitly executed manually by you. This is not a "subscription" service. 6. Limitations on Use a. Only one immediate family may access a Service at the same time using the same user name or password, unless we agree otherwise. An "immediate family", for purposes of this agreement refers to related members living in the same dwelling. Unrelated persons living in the same dwelling are not considered family nor are related family members living in different dwellings. b. The text, graphics, images, video, metadata, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (the "Content") available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our written consent, you may not sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to anyone, including, if applicable, your fellow team members or their parents. c. You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display our content for use on another web site or service (other than headlines from our RSS Feed with active links back to the full article on the Service). You agree not to post any content from the Services (other than headlines from our RSS Feed with active links back to the full article on the Service) to weblogs, newsgroups, mail lists or electronic bulletin boards, without our written consent. d. You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive. 7. User Generated Content a. User Name. We require you to register to have access to contribute content to our service. We require that you use your own first and last name as your user name for community. With certain exceptions, when you register, we will prefill your user name with your own name. It is your responsibility to choose your password wisely. If you have concerns or believe that someone is using your password without your authority, please contact Membership Services. We reserve the right to disclose any information about you, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate our systems properly, to protect our property or rights, and to safeguard the interests of others. b. User Content. We offer you the opportunity to comment on and engage in discussions regarding articles, companies and various topics. Any content, information, graphics, audio, images, and links you submit as part of creating your profile or in connection with any of the foregoing activities is referred to as "User Content" in this Agreement and is subject to various terms and conditions as set forth below. c. Cautions Regarding Other Users and User Content. You understand and agree that User Content includes information, views, opinions, and recommendations of many individuals and organizations and is designed to help you gather the information, provide another perspective or entertain you. We do not endorse any recommendation or opinion made by any user. We do not routinely screen, edit, or review User Content. However, we reserve the right to monitor or remove any User Content from the Services at any time without notice. You should also be aware that other users may use our Services for personal gain. As a result, please approach messages with appropriate skepticism. User Content may be misleading, deceptive, or in error. d. Grant of Rights and Representations by You. If you upload, post or submit any User Content on a Service, you represent to us that you have all the necessary legal rights to upload, post or submit such User Content and it will not violate any law or the rights of any person. You agree that upon uploading, posting or submitting information on the Services, you grant us, and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, and create derivative works from your User Content in any and all media, in any manner, in whole or part, without any duty to compensate you. You also grant us the right to authorize the use of User Content, or any portion thereof, by users and other users in accordance with the terms and conditions of this Agreement, including the rights to feature your User Content specifically on the Services and to allow other users or users to request access to your User Content, such as for example through an RSS Feed. e. We may also remove any User Content for any reason and without notice to you. This includes all materials related to your use of the Services or membership, including email accounts, postings, profiles or other personalized information you have created while on the Services. f. Rules of Conduct. You understand that user contributed content must adhere level of decency. Content may be removed if it contains:
8. Termination of Services We retain the right to terminate the services of any member who violates the Rules of Conduct after one or more written warning. Notification of the termination of services will be conducted in writing or electronically (including without limitation, by email or by posting a notice on the Service that the membership has been terminated upon attempted login). Termination of services will result in the immediate loss of services. Access to contributed content will lost. You may appeal the loss of services by contacting our membership department directly. 9. Third Party Web Sites, Services and Software We may link to, or promote, web sites or services from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software. 10. Disclaimers of Warranties and Limitations on Liability You agree that your access to, and use of, the services and the content available through the services is on an "as-is", "as available" basis and we specifically disclaim any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability or fitness for a particular purpose. MYHockeyRankings.com and its subsidiaries, affiliates, shareholders, directors, officers, employees and licensors ("The MYHockeyRankings.com parties") will not be liable (jointly or severally) to you or any other person as a result of your access or use of the services for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits and lost revenues (collectively, the "excluded damages"), whether or not characterized in negligence, tort, contract, or other theory of liability, even if any of the dow jones parties have been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose of a limited remedy. If any applicable authority holds any portion of this section to be unenforceable, then the MYHockeyRankings.com parties' liability will be limited to the fullest possible extent permitted by applicable law. 11. General This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Pennsylvania, United States of America applicable to contracts made entirely within Pennsylvania and wholly performed in Pennsylvania, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Pennsylvania. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. |