User Agreement

PLEASE READ THE FOLLOWING CAREFULLY.

BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE.

Welcome to the User Agreement (the “Agreement”) for kidsplayhockey.com. Kidsplayhockey.com is an interactive website for kids and their parents in Canada and the United States who are involved in hockey and would like to share their experiences. This Agreement describes the terms and conditions applicable to your use of our products and services available under the domain and sub-domains of http://kidsplayhockey.com/ (the “Site”). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our Site or services.

You must read, agree with and accept all of the terms and conditions contained in this Agreement and the Privacy Policy (the “Agreements”), which include those terms and conditions expressly set out below and those incorporated by reference, before you may use or become a member of the Site. This is a legally binding agreement between you and Kids play Hockey Inc. (“KPH”) and applies to you whether you are a registered user of the Site ("Member") or a non-registered user just browsing or exploring our Site (“Users"). For the purposes of the Agreements, all Members are Users. You confirm you are legally able to accept these Agreements and that you are either 16 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Agreements, and to abide by and comply with these Agreements.

This Site is owned and operated by KPH, a company incorporated in the Province of Ontario, from its offices at 1171 Maple St., P.O. Box #278, Manotick ON K4M 1A3. KPH may amend this Agreement at any time by posting the amended terms on the Site. KPH reserves the right, at any time, to modify, alter, or update this Agreement, without notice, and your continued use of the Site following such changes shall indicate your acknowledgement and agreement to be bound by such modifications, alterations or updates.

1. Electronic Communications

When you visit the Site or send e-mails to KPH, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
By joining kidsplayhockey.com, user acknowledges and agrees that KPH will send member e-mails relating to their member account, transactions and KPH promotions. You can opt out of your subscription to KPH e-mail services at any time by notifying us at support@kidsplayhockey.com, or by following unsubscribe links in e-mail messages you receive. You can also unsubscribe to special promotional e-mails at any time by clicking on the unsubscribe link in any of our e-mail communications.

2. Proprietary Rights

All materials on this Site, including, without limitation, text, data, information, images, illustrations, audio clips, video clips, special games, surveys and special promotions, are protected by intellectual property rights owned and controlled either by KPH or its affiliates and subsidiaries, or by third parties who have licensed their material to KPH. Material from the Site may not be copied, downloaded, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of KPH or except as specifically permitted on this Site. Modification of material or use of material for any purpose other than your own personal, non-commercial, institutional or home use is a violation of copyrights and other intellectual property rights. The use of any such material on any other web site or networked computer is prohibited.
The trade marks, logos and service marks that you see on this Site are registered and unregistered marks of KPH or its affiliates and subsidiaries, or third parties who have licensed the use of such marks to KPH. Nothing in this site grants any licence or right to use any marks displayed on this site without the written permission of the owner of the mark. Your misuse of the marks displayed on this Site or any other content on this site is strictly prohibited.
KPH makes no representation that materials on the Site are appropriate or available for use in locations other than Canada. Those who choose to access this Site from locations outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws apply.
KPH welcomes your comments on our services, including the Site. However, any notes, messages, messageboard postings, ideas, suggestions or other material that you post on or submit to kidsplayhockey.com will become property of KPH. KPH is entitled to use any material that you submit for any type of use forever in any media whether known now or developed later. When you submit material to the Site, you agree that KPH has the right to publish the material for any use as outlined above including, but not limited to, promotional and advertising purposes, without compensation to you of any kind.
KPH respects the intellectual property of others and we ask and require you to do the same. If you are a copyright owner or an owner's agent and find content that infringes upon your copyrights under the Copyright Act, you may submit a notification to us at info@kidsplayhockey.com.

3. Account

You will need to register with KPH by creating a Member account on the Site in order to create a profile, track your stats, or publish content on the Site. If you register a Member account with us or choose to create a profile with us, you agree to provide only complete and accurate registration information, and you are responsible for keeping that data up-to-date. You are also responsible for preventing unauthorized use by any other entity or person using you’re your registration information.

If you previously had a Member account which was terminated by KPH, you may not register for a Member account, nor may you designate any individuals to use your Member account on your behalf. KPH reserves the right to block, restrict, suspend, or terminate your access to the Site in our sole and absolute discretion. You must notify KPH immediately if you become aware that your account is being used without permission. KPH also reserves the right to block, restrict, suspend or terminate your access to the services in our sole and absolute discretion. Any other person or entity is not authorized to access the Site using your account and you agree to take reasonable steps to prevent unauthorized access. You acknowledge that KPH relies on your account for identification purposes and you agree that you are responsible for any use of your account.

4. Linked Sites

SOME LINKS IN THE KIDSPLAYHOCKEY.COM SITE LET YOU LEAVE THE KIDSPLAYHOCKEY.COM SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF KPH AND KPH IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY KPH OF THE LINKED SITE.

5. Disclaimer

The materials in the Site are provided “as is” and without warranties of any kind either express or implied, unless otherwise specifically noted herein. To the fullest extent permissible pursuant to applicable law, KPH disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the Site and any web site with which the Site is linked. KPH does not warrant the functions, information or links contained on these sites or that their contents will meet your requirements, that these sites or their contents are fit for any particular purpose or that the operations of the kidsplayhockey.com network or its contents will be uninterrupted or error-free, or that these sites or the server that makes them available are free of viruses, worms or other harmful components. By using the Site, you completely and expressively relieve us from, and waive any and all liability arising from, your use of any third party website or receipt of services from any third party.

6. Use of the Term “Partner”

The use of term “partner” on this Web site and in any other materials is not intended to indicate that the “partners” are in a legal partnership with KPH. Rather, the term is used in a marketing sense to show participation by the “partners” in KPH products and services. As appropriate, you agree to abide by all the terms and conditions of each partner.

7. Termination

These terms and conditions of use constitute an Agreement that is effective until terminated by KPH at any time without notice. KPH may terminate your right to use this Site immediately, without notice to you if, in the sole discretion of KPH, you fail to comply with any of these terms and conditions of use or engage in any fraudulent activity. In the event of termination, you are no longer authorized to access the benefits of this site; and the restrictions imposed on you with respect to material copied or downloaded, the disclaimers and limitations of liabilities set forth in these terms and conditions of use, shall survive the termination of this Agreement.

8. Governing Law

The Agreements are governed by and shall be construed in accordance with the laws of the Province of Ontario without giving effect to any principles of conflicts of law. KPH makes no representation that this Site is operated in accordance with the laws or regulations of, or governed by, other countries. If any provision of these terms of use proves unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Agreements and will not affect the validity and enforceability of any remaining provisions. Any claim or dispute between you and KPH that arises in whole or in part from KPH’s Agreements with you, including the Terms of Sale Agreement, shall be decided exclusively by a court of competent jurisdiction located in the Province of Ontario. You agree that prior to initiating any claim or proceeding against KPH (or its affiliates, partners, officers, directors, employees or subsidiaries) that you shall first provide notice of the complaint, claim, or proceeding in writing to info@kidsplayhockey.com and, in KPH's sole and absolute discretion, shall agree to non-binding mediation conducted by a mediator at the ADR Chambers in Ottawa, Ontario, Canada. Such a mediation is to be conducted within twenty-one (21) days of receipt of the complaint and shall be for a maximum of three (3) hours. The costs of the mediation shall be paid equally by the User/claimant/complainant and KPH. The mediation may be conducted via teleconference. You agree that you may not issue a claim or proceeding or file a complaint, to the extent that this restriction is permitted by law, against KPH without first participating in the mediation.

9. Compliance

You agree that your use of the Site shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the internet by their residents.
You agree to provide accurate and complete information when creating an account and to not to impersonate another person in your use of the site or the sending of any e-mail to an address listed on the site.
Your use of this Site will be in compliance with all applicable laws and regulations. You will not:
1. use this Site to post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass e-mail to individuals or entities who have not agreed to be part of such mailings;
2. omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content;
3. impersonate any individual or entity, or falsely state or otherwise misrepresent an affiliation with any individual or entity;
4. engage in any activities intended to withhold or cloak identity or contact information;
5. send harassing and/or threatening messages to others;
6. post excessive or repeated off-topic articles to the Site;
7. engage in “flooding” (sending large amounts of e-mail repeatedly to the same e-mail address);
8. alter or modify any part of the Site other than providing your own User generated content; and
You agree that you are responsible for your own communications and activity and that you will not post, disseminate or transmit any content on or through this Site that:
1. is unlawful, harassing, defamatory, abusive, threatening, obscene, pornographic, harmful, tortious, libelous, or invasive of another's privacy;
2. infringes or violates any party's copyright, trade-mark, trade secret, patent or other proprietary rights;
3. you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or
4. contains personally identifiable information not belonging to you including personal information belonging to minors.
To the extent that the following activities are prohibited by applicable law, in using this Site you will not:
1. use the Site for any illegal purpose, in violation of any applicable laws or regulations;
2. publish web pages that contain links that initiate downloads of copyright-infringing or other illegal material;
3. electronically stalk or otherwise electronically harass others; or
4. engage in any internet activities that would violate the privacy rights of others, including but not limited to, collecting, using and disclosing information about Internet users without their permission, except as permitted by applicable law.
To the extent that any of the following activities materially interfere with this Site or the network and systems of a Company service provider ("Third Party Services"), you will not:
1. post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on this Site or the Third Party Services;
2. use Internet Relay Chat (IRC) bots or other programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day;
3. hinder the ability of others to use IRC;
4. disrupt the normal flow on this Site or the Third Party Services or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
5. interfere with, disrupt, or harm in any way the servers or networks connected to this Site or the Third Party Services;
6. use this Site or the Third Party Services to access the accounts of others without permission;
7. attempt to penetrate security measures of this Site, the Third Party Services, or another entity, or obtain or bypass others' passwords; or
8. engage in denial of service attacks, or take actions designed to impair network access by flooding a site or the Internet with useless traffic.
You acknowledge and agree that you are solely responsible for your account and the security of your password relating to such account and that you will not disclose it to any third parties. In addition, you will promptly advise Company of any unauthorized use of your password.
You acknowledge and agree that KPH has the right to determine whether any of your submissions are appropriate and comply with these Agreements, remove any part thereof or all of your submissions, and terminate your account, with or without prior notice, without penalty.

10. Viruses

While every effort is made to ensure that all information provided at the Site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system.

11. Security and Confidentiality

KPH will use reasonable efforts to maintain the security and integrity of information that you provide to us by using standard firewalls and internet security systems. However, you acknowledge and agree that KPH cannot fully eliminate security risks and cannot guarantee that unauthorized access to your information will never occur.

12. Service Providers

To provide and process the services you request, KPH shares your Personal Information with our authorized service providers that perform certain services or functions on our behalf. Our service providers need information about you, including your credit card information, to process and confirm your transactions. We have placed limitations on these suppliers from using or disclosing your information without your permission.

13. Our Obligations

KPH may be required by law to disclose information you have provided in obtaining our products or services. KPH may also disclose information against someone who poses a threat to KPH’s interests (such as customer fraud) or whose activities could bring harm to others. In addition, it may be necessary for KPH to provide customer information to third parties, such as credit card companies, for the purpose of resolving disputes that arise in the normal course of business.

14. Other Web Sites

There are several places throughout the Site that may link you to other web sites that do not operate under the KPH Agreements. When you click through to these web sites, kidsplayhockey.com information privacy practices no longer apply. We recommend that you examine the privacy statements for all third party web sites to understand their procedures for collecting, using, and disclosing your information.

15. Customer Support

When you request assistance with viewing your profile, logging on to the kidsplayhockey.com Site, or accessing your account, we will respond to you via e-mail.

16. Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of our Users’ privacy as very important. Our current Privacy Policy is available at kidsplayhockey.com/privacy-policy. If you object to your Personal Information being transferred or used in this way please do not use our Site. KPH may disclose your Personal Information, if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas, summonses, or warrants served on us; (b) protect and defend our rights or property, you, or third parties' rights, or (c) prevent or investigate any illegal activity. Under section 2(1) of the Personal Information Protection and Electronic Documents Act, “Personal Information” is defined as information about an identifiable individual. You hereby consent to us sharing your Personal Information under the circumstances described herein and in our Privacy Policy.

17. No Warranty

KPH, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KPH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA kidsplayhockey.com. KPH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH kidsplayhockey.com OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KPH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

18. Liability Limit

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE. Neither KPH, nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any content, information or opinions provided on the Site or from the use of, or the inability to use kidsplayhockey.com materials. You specifically agree that KPH is not liable for any defamatory, offensive, or illegal conduct of any User.

Items purchased directly from KPH are subject to the Agreements, including the Terms of Sale Agreement. You acknowledge and agree that you will not hold KPH responsible for other users' content, actions or inactions, or items they list under the “Buy & Sell Equipment” page or any other page on the Site where Users may buy and sell items, such as hockey equipment, from each other. You acknowledge that these portions of the Site are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, with a focus on hockey equipment. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of Users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

If you are dissatisfied with the kidsplayhockey.com Site or any materials on the Site, or with any of KPH’s terms and conditions of use, your sole and exclusive remedy is to discontinue using the kidsplayhockey.com Site.

19. Indemnity

You agree to indemnify and hold KPH and (as applicable) our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

20. Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our services.

21. No Agency

You and KPH are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

22. General Terms

Nothing in the Agreements creates a partnership, employment relationship or agency between KPH and any User. There are no third-party beneficiaries of the Agreements. You may not assign the Agreements, in whole or in part, to any third party without our prior, written consent, and any attempt by you to do so will be invalid. Our failure to enforce any provision of the Agreements will not be considered a waiver of the right to enforce such provision. Our rights under the Agreements will survive any termination of the Agreements.