eMedia Interactive Inc. ("eMedia") operates a suite of Websites including http://www.emedia.com/ ("eMedia Website") and
any other eMedia-owned sites provided to you by eMedia (the eMedia Website and other
eMedia-owned sites are together referred to as the "Website").
These terms of use govern your use of the website. By accessing, browsing, and/or
using the website, you agree to be bound by all of the terms and conditions of
these Terms of Use. If you elect to be a registered member (described below) by
registering, you further confirm by such registration that you are bound by this
agreement.
If you do not agree to these Terms of Use, then do not register to become a registered
member and do not browse the website. eMedia may also modify these Terms of Use
at any time, without notice in its sole discretion. Your continued use of the website
after any modification will constitute your acknowledgement and acceptance of the
Terms of Use as modified. Please consult these Terms of Use regularly.
Access to this Website
Subject to these Terms of Use, you may use the Website as a "Visitor" (which means
you are just browsing the Website) or a "Registered Member" (which means you have
registered as a member of the Website). Visitors may register their identifying
information and become a Registered Member. As a Registered Member, you may have
a personalized profile page consisting of content and services that you develop,
manage and maintain and such other functionality made available to you on the Website.
The Website is not available to persons under the age of 13 (with parental or guardian
consent recommended for those persons between the ages of 13 and 18) or to any previously
Registered Members suspended or removed from the service by eMedia for any reason.
It is a condition of your use of this Website that all the information you provide
on this Website will always be correct, current, and complete.
Use of Service
Your use of the Website is governed by these Terms of Use. eMedia may refuse service
without prior notice to any user for any or no reason. You may not use this Website
for any other purpose without eMedia's express prior written consent. For example,
you may not (and may not authorize any other party to) (i) co-brand this Website,
or (ii) frame this Website, or (iii) hyper-link to this Website in a manner inconsistent
with these Terms of Use or in an inappropriate manner as determined by eMedia in
its sole discretion, without the express prior written permission of an authorized
representative of eMedia.
Registered Member Passwords / Account Access
If you are a Registered Member, you are responsible for maintaining the confidentiality
of your password and account, and are fully responsible for all activities that
occur under your password or account with or without your knowledge. You may change
your password at any time by updating your profile on the applicable Website. You
agree to immediately notify eMedia of any unauthorized use of your password or account
or any other breach of security. eMedia cannot and will not be liable for any loss
or damage arising from your failure to comply with this section.
You agree that eMedia may, in its sole discretion, immediately terminate your eMedia
account and access to the Website without prior notice. Without limiting the foregoing,
the following will lead to a termination by eMedia of a user's use of the Website:
(a) breaches or violations of these Terms of Use or other incorporated agreements
or guidelines, (b) requests by law enforcement or other government agencies, (c)
a request by you (self-initiated account deletions), (d) unexpected technical issues
or problems, and (e) extended periods of inactivity.
Termination of your eMedia account includes removal of access to all offerings within
the Website and may also bar you from further use of the Website. You understand
that such termination may result in permanent loss of all information and content
associated with your account. Consequently, you should maintain your own copies
of all of your information and content. Furthermore, you agree that eMedia shall
not be liable to you nor any third-party for any termination of your account or
access to the Website.
Privacy Policy
eMedia's policies and procedures with respect to its collection and use of your
personally identifiable information are governed by our Privacy Policy. To view
the eMedia Privacy Policy, please visit http://www.hockey.com/about/privacy.aspx.
Property Information and Trademarks
The Website is intended to be an Internet destination where individuals may exchange
diverse viewpoints and ideas and engage in a rich content experience. The Website
includes proprietary information (including copyrighted works, trademarks, service
marks, logos) owned by eMedia and its licensors, which we refer to as "eMedia Content".
Additionally the Website includes the ability for Visitors and Registered Users
to add "User Content" to personalized areas or "profiles" and to add comments, messages
and other communications in various areas of the Website; we define and refer to
"User Content" below.
eMedia Content
The eMedia Content is the proprietary information of eMedia or the party that provided
the eMedia Content to eMedia, and eMedia or the party that provided the eMedia Content
to eMedia retains all right, title, and interest in the eMedia Content. Accordingly,
the eMedia Content may not be copied, distributed, republished, uploaded, posted,
or transmitted in any way without the prior written consent of eMedia, except that
you may print out a copy of the eMedia Content solely for your personal use. In
doing so, you may not remove or alter, or cause to be removed or altered, any copyright,
trademark, trade name, service mark, or any other proprietary notice or legend appearing
on any of the eMedia Content. Modification or use of the eMedia Content except as
expressly provided in these Terms of Use violates eMedia's or other third party's
intellectual property rights. Neither title nor intellectual property rights are
transferred to you by access to this Website. eMedia makes no guarantee regarding
the reliability, accuracy, or quality of any eMedia Content.
Trademarks, service marks, and logos appearing in this Website are the property
of eMedia or the party that provided the eMedia Content to eMedia. eMedia and any
party that provided the eMedia Content retain all rights with respect to any of
their respective copyrights, trademarks, service marks, or other proprietary rights
in the eMedia Content.
User Content
We refer to the ideas, suggestions, opinions, comments, observations and recommendations
about any issue (including about the quality, appropriateness of any use, price,
description or other information about any good [which includes any materials or
content] and service), and including all text, data, photographs, video, music,
sound, chat, messages, blogs, files and any other material provided to us by eMedia
Visitors and Registered Members as "User Content.”
The interactive nature of the Website makes it impossible for us to assume responsibility
for any of the User Content that may be accessible to Visitors or Registered Members,
or otherwise may be publicly displayed or copied. Similarly, no eMedia Content is
endorsed by eMedia, we make no guarantee regarding the reliability, accuracy, or
quality of any User Content. All User Content posted to the Website is the sole
responsibility of the person who originally posted the User Content, and your sole
recourse for any damage you may suffer as a result of User Content shall be to such
person. You acknowledge that eMedia may or may not pre-screen User Content, but
that eMedia and its designees shall have the right (but not the obligation) in their
sole discretion to pre-screen, refuse, move or remove any User Content from the
Website, with or without notice.
eMedia requires certain rights to User Content to operate the Website. You hereby
grant to eMedia the royalty-free, perpetual, irrevocable, worldwide, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate, create derivative
works from, sublicense, distribute, perform, and display all User Content solely
on and through the Website and other eMedia-branded products and services and to
advertise, promote, market, demonstrate, or provide instructional materials and
services using commercially reasonable portions of the User Content in any form,
media or technology now known or later developed. eMedia will not be required to
treat any User Content as confidential, and may use any User Content in its business
in a manner consistent with the foregoing license without incurring any liability
for royalties or any other consideration of any kind, and will not incur any liability
as a result of any similarities that may appear in future eMedia operations.
eMedia hopes to consistently improve and add to the Website and business. If the
foregoing license is determined by eMedia to be inadequate to appropriately provide
such improvements or additions, eMedia will amend these Terms of Use to grant eMedia
such additional license rights to User Content, provided that such terms will only
apply to User Content submitted by you prior to the amendment, if you do not remove
the User Content within thirty (30) days after the amendment is first published
on the Website.
You represent and warrant that: (i) you own the User Content posted by you on or
through the Website or you otherwise have the right to grant the license set forth
in this section, (ii) the "posting" (that is, the displaying, publishing or transmitting
(such as by email or otherwise) of your User Content on or through the Website does
not violate any law or regulation; and (iii) the posting of your User Content on
or through the Website does not violate the privacy rights, publicity rights, patents,
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
User Content posted by you to or through the Website.
You may not infringe upon the User Content of others. Which means you may not remove
or alter, or cause to be removed or altered, any copyright, trademark, trade name,
service mark, or any other proprietary notice or legend appearing on any of the
third party's User Content.
Hyper-Links
This Website may be hyper-linked to other Websites which are not maintained by,
or related to, eMedia. Hyper-links to such Websites are provided as a service to
users and are not sponsored by or affiliated with eMedia. Such Websites are not
governed by eMedia's Terms of Use but may be governed by other terms of use. eMedia
has not reviewed any or all of such sites and is not responsible for the content
of those sites. Hyper-links are to be accessed at the user's own risk, and eMedia
makes no representations or warranties about the content, completeness or accuracy
of these hyper-links or the sites hyper-linked to this Website. Further, the inclusion
of any hyper-link to a third-party site does not necessarily imply endorsement by
eMedia of that site.
Commercial Activities
eMedia sites are solely for your and other Visitors and Registered Member's personal
use and may not be used for any commercial activities or endeavors, including by
way of example display of banners or other commercial advertisements, affiliate
links, and any other advertisement, solicitation, offer or sale of any goods or
services. Appropriate legal action will be taken for any illegal or unauthorized
use of the Website. You agree that all commercial activities (to the extent permitted
herein) shall at all times be conducted in compliance with all licensing, tax and
all other applicable laws and regulations of every governmental authority having
jurisdiction over such commercial activities.
You may market your own goods and services using the Website through the Website's
classifieds services solely for your personal use. You may not include in classifieds
banner ads, affiliate advertising or other advertisements or references to goods
and services of any third party. All classifieds and any other messages you post
or transmit on the Website, whether of a commercial or non-commercial nature (other
than personally identifiable information), will be treated as non-confidential and
non-proprietary to you. You understand and agree that any such classifieds or other
messages may be used by the Website or the Website’s affiliates, without review
or approval by you, for any purpose whatsoever. In addition to the license to User
Content (which includes classifieds), you grant the Website (and our affiliates)
the irrevocable right to distribute and use your classifieds and other messages
(which right includes changing the format of the User Content), without review or
approval by you, for any purpose whatsoever, including, without limitation, reproduction,
disclosure, transmission, publication, broadcast, posting, and advertising in any
media now or later developed in perpetuity without notice or compensation to you.
Reliance on Content and Services
eMedia presents content and services for the purpose of informing, entertaining,
and creating an enriched community among eMedia Visitors and Registered Members.
eMedia's intent is not to provide exhaustive information or advice on a particular
topic, or with respect to any advice, good or service described or otherwise identified
on the Website. You agree not to rely on information provided by eMedia to suggest
an authoritative, accurate or even appropriate course of action for any person with
respect to any subject, including by way of example, the solicitation, offer or
sale of goods or services, legal, financial, educational, medical, or mental health
issues or concerns. The information contained on the Website should not replace
a consultation with a qualified expert in any field, such as an attorney, accountant,
financial or investment advisor, teacher, physician, health care provider, or therapist.
Fees
You acknowledge that eMedia reserves the right to charge for the Website (or any
specific service offered by eMedia) and to change its fees from time to time in
its discretion. If you are a Registered Member and eMedia terminates you because
you have breached these Terms of Use, you shall not be entitled to the refund of
any unused portion of subscription fee(s) or other charged fee(s). Further, eMedia
reserves the right to discontinue the Website or any portion thereof without prior
notice.
User Conduct
The following rules of conduct apply to your use of the Website and to any and all
User Content you post on eMedia. eMedia reserves the right, in its sole discretion,
to terminate a Registered Member's account, investigate and take appropriate legal
action, and delete any or all of your User Content.
You may not, in connection with the Website:
- Upload, post, email or otherwise transmit any User Content that:
- is libelous or defamatory, pornographic (including having nudity),sexually explicit,
unlawful or plagiarized
- infringes or violates any patent, copyright, trademark, trade secret or other intellectual
property right
- breaches a duty of confidentiality by which you are bound due to a contractual or
fiduciary relationship (such as inside information, or proprietary and confidential
information learned or disclosed as part of employment relationships or under nondisclosure
agreements)
- a reasonable person would consider harassing, abusive, threatening, harmful, vulgar,
profane, obscene, excessively violent, racially, ethnically or otherwise objectionable
or offensive in any way
- constitutes a breach of any person's privacy or publicity rights, a misrepresentation
of facts, or hate speech
- violates or encourages others to violate any applicable law, statute, ordinance
or regulation
- promotes software or services that deliver unsolicited e-mail
- disrupts the normal flow of dialog, causes a screen to scroll faster than other
users are able to type, or otherwise act in a way which affects the ability of other
people to engage in real time activities via this Website
- contains hyper-links to other sites that contain content that falls within the descriptions
set forth above or
- contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar
harmful programming routines
- Provide false or deceptive information including User Content that impersonates
or misrepresents your connection to any other entity or person or otherwise manipulates
headers or identifiers to disguise the origin of the content
- Use eMedia as a forwarding service to another Website
- Do anything to prevent the full and complete display of advertisements on eMedia
pages. These include, but are not limited to, making blog style changes, customizations,
or overrides that effectively block or substantially impair the display of advertisements
on pages within the Website
- Exceed the scope of the services that you have signed up for; for example, accessing
and using features that you do not have a right to use, or deleting, adding to,
or otherwise changing other people's entries or other Content when you have not
been granted the privileges to do so
- Allow usage by others in such a way as to violate these Terms of Use.
Copyright Infringement
If you believe that your work has been copied and posted on the Website in a way
that constitutes copyright infringement, provide our Copyright Agent with the following
information: (i) an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest; (ii) a description of the
copyrighted work that you claim has been infringed; (iii) a description of where
the material that you claim is infringing is located on the Website; (iv) your address,
telephone number, and email address; (v) a written 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; (vi) 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. eMedia's Copyright Agent
for notice of claims of copyright infringement can be reached as follows: Marketing
Department, eMedia Interactive Inc., 829 Southgate Drive, Guelph, Ontario N1G 4W6,
Canada; Facsimile: (519) 837-9256; Attn: Copyright Agent; and email: support@emedia.com
Identity
You agree to indemnify and hold eMedia and its subsidiaries, affiliate, officers,
agents, employees, partners and licensors harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of User
Content you submit, post, transmit, or otherwise make available through the Website,
your use of the Website, your connection to the Website, your violation of the Terms
of Use, or your violation of any rights of another.
You will indemnify and hold eMedia, its subsidiaries, affiliates, licensors, content
providers, service providers, employees, agents, officers, directors, and contractors
(the "Indemnified Parties") harmless from any breach of these Terms of Use by you,
including any use of User Content other than as expressly authorized in these Terms
of Use. You agree that the Indemnified Parties will have no liability in connection
with any such breach or unauthorized use, and you agree to indemnify any and all
resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees
of the Indemnified Parties in connection therewith. You will also indemnify and
hold the Indemnified Parties harmless from and against any claims brought by third
parties arising out of your use of the information accessed from this Website.
Modifications to the Website
eMedia reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Website (or any part thereof) with or without notice.
eMedia shall not be liable to you or to any third party for any modification, suspension
or discontinuance of the Website. eMedia may establish general practices and limits
concerning use of the Website. You agree that eMedia has no responsibility or liability
for the deletion or failure to store any messages and other communications or other
User Content, provided by you or otherwise, maintained or transmitted by eMedia.
Such loss may be without notice to you; consequently, you should always maintain
your own copy of your User Content.
Disclaimer of Warranties
You expressly understand and agree that:
Your use of the website is at your sole risk. The website is provided on an "as
is" and "as available" basis. eMedia and its subsidiaries, affiliates,
officers, employees, agents, partners, and licensors 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.
eMedia and its subsidiaries, affiliates, officers, employees, agents, partners and
licensors make no warranty that (1) the website (which includes all eMedia services)
will meet your requirements; (2) the website will be uninterrupted, timely, secure
or error-free; (3) the user content, eMedia content that may have been obtained
from the use of the website and any results of use of the functionality of the website
will be accurate, reliable or complete; and (4) the quality of any goods, services,
information or other material that may be offered and subsequently purchases or
obtained by you through eMedia will meet your expectations. Any material downloaded
or otherwise obtained through the use of the website is accessed at your own discretion
and risk, and 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.
No advice or information, whether oral or written, obtained by you from eMedia or
through or from the website shall create any warranty no expressly stated in the
Terms of Use.
Limitation of Liability
You expressly understand and agree that eMedia and its subsidiaries, affiliates,
officers, employees, agents, partners and licensors shall not be liable to you for
any direct, indirect, incidental, special, consequential or exemplary damages, including,
but not limited to, damages from loss of profits, goodwill, use, loss of user content,
data or other intangible losses (even if eMedia has been advised of the possibility
of such damages), resulting from: (1) the use or the inability to use the website;
(2) the cost of procurement of substitute goods and services resulting from any
goods, data, information or services purchased or obtained or message received or
transactions entered into through or from the website; (3) unauthorized access to
or alteration of your transmissions or data; (4) statements or conduct of any third
party on the website; or (5) any user content, eMedia content or other material
relating to the website or eMedia.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or other limitation
or exclusion of liability for incidental or consequential damages. Accordingly,
some of the above limitations of liability may not apply to you.
Security
You are prohibited from using any services or facilities provided in connection
with this Website to compromise security or tamper with system resources and/or
accounts. The use or distribution of tools designed for compromising security (e.g.,
password guessing programs, cracking tools or network probing tools) is strictly
prohibited. If you become involved in any violation of system security, eMedia reserves
the right to release your details to system administrators at other sites in order
to assist them in resolving security incidents. eMedia reserves the right to investigate
suspected violations of these Terms of Use.
eMedia reserves the right to fully cooperate with any law enforcement authorities
or court order requesting or directing eMedia to disclose the identity of anyone
posting any email or other messages, or publishing or otherwise making available
any other User Content that are believed or alleged (reasonably or not) to violate
these Terms of Use or any law or regulation. By accepting this
agreement you waive and hold harmless eMedia from any claims resulting from any
action taken by eMedia during or as a result of any investigation and/or from any
actions taken as a consequence of investigations by either eMedia or law enforcement
authorities.
Notice
eMedia may provide you with notices, including those regarding changes to the Terms
of Use, and PRIVACY POLICY, by email, regular mail, posting new versions of the
Terms of Use, Privacy Policy or other postings on the
Website.
Violations of these Terms of Use
Please report any violations of the Terms of Use, or Privacy Policy
to support@emedia.com.
Member Disputes
You are solely responsible for your interactions with other eMedia users. eMedia
reserves the right, but has no obligation, to monitor disputes between you and other
Visitors or Registered Users. You agree to cooperate with eMedia should eMedia notify
you that it has elected to exercise this right to monitor a dispute.
Disputes
If there is any dispute about or involving the Website, you agree that the dispute
shall be governed by the laws of the Province of Ontario, Canada, without regard
to conflict of law provisions and you agree to exclusive personal jurisdiction and
venue in the Province of Ontario.
If eMedia does take any legal action against you as a result of your violation of
these Terms of Use, eMedia will be entitled to recover from you, and you agree to
pay, all reasonable attorneys' fees and costs of such action, in addition to any
other relief granted to eMedia.
Other
This Agreement constitutes the entire agreement between you and eMedia regarding
the use of the Website. The failure of eMedia to exercise or enforce any right or
provision of this Agreement shall not operate as a waiver of such right or provision.
The section titles in this Agreement are for convenience only and have no legal
or contractual effect. eMedia is a service mark of eMedia Interactive Inc. This
Agreement operates to the fullest extent permissible by law. If any provision of
this Agreement is unlawful, void or unenforceable, that provision is deemed severable
from this Agreement and does not affect the validity and enforceability of any remaining
provisions. The following sections shall survive any termination of this Agreement:
"Fees", "Disputes", "Notice", "Limitation on Liability", "Indemnity", "Proprietary
Information and Trademarks", and other sections which, by their terms, survive termination.
eMedia Terms of Use Version 2007.10.22.