Hockey Community Terms and Conditions
OKI Technologies Inc.
OKI Technologies Inc. is a company that was incorporated in Vancouver, British Columbia in 2012 andoperating under the name of “Hockey Community” at the following address: 201-4501 Kingsway, Burnaby, B.C., Canada,V5H 0E5. Its primary purpose is to develop software solutions to make hockey more accessible.
Acceptance of Terms
Hockey Community (hereinafter “Hockey Community”, “we” or “us”) is the owner and operator ofhttps://hockeycommunity.com, upon which it runs a service called Hockey Community. Hockey Community services consist of one or more of the following:
- Connect hockey players together through a social network features, discussions, events and a marketplaceto buy/sell second-hand equipment
- Provide a paid and free version of a league and tournament software
- Provide a team management software
- Provide advertising opportunities to third-parties
These conditions are made between any user of this website (referred as User) and the website hockey communityoperated by Decathlon SA (referred as Site or Hockey Community). OKI Technologies Inc. is part of DECATHLON Group. DECATHLON Group is defined as any DECATHLON SA subsidiary held directly or indirectly to an extent of at least 10% of the voting rights cast in the annual general meeting, alone or jointly with any other company that is itself owned.
The Site contains text, pictures, graphics, logos, images, works of authorship, computer code, look and feel,technical information, and other content, as well as available features or services discussed, referenced, provided or offered through or on the Site (collectively with all information and material about Hockey Community and its Products and Services, “Content”). The Site is intended for use only by users who are at least 18 years of age.
Acceptable Use Policy
This Acceptable Use Policy describes actions that Hockey Community prohibits when you use the Services. By using Hockey Community’s Services, you consent to this Acceptable Use policy. If you do not agree to comply with this policy, please do not use the Services. We may in our sole discretion determine whether you are in violation of this Acceptable Use Policy. Services may be used only for lawful purposes and may not be used for any illegal activities. Using the Services in an illegal, abusive or any other manner that interferes with or diminishes others’ use and enjoyment of the Services is prohibited.
In particular, but without limiting the generality of the foregoing, you agree that your use of the Site or Services shall not include any of the following which shall be collective defined as (“Misuse”). This is not an exhaustive list:
- Attempting to break or bypass any security mechanism in our Services;
- Using our Services in any manner that may subject Hockey Community or any third party to liability, damages, and violations of law or danger;
- Engaging in fraud, either with Hockey Community or with any third party;
- Promoting or engaging in illegal activities;
- Using our Services in a manner not authorized by Hockey Community or in violation of law;
- Sending unsolicited marketing messages or broadcasts (i.e. spam);
- Harvesting, or otherwise collecting information about others, without their consent;
- Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies or procedures of such networks;
- Attempting to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means;
- Post, upload, display or otherwise make available Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that advocates harassment or intimidation of another person;
- Post any incomplete, false, misleading, or inaccurate Content about yourself and/or your profile, including impersonating, or otherwise misrepresenting affiliation, connection or association with, any person or entity;
- Post any Content that is not entirely your own or for which you do not have full rights to use;
- Post or sending material that exploits minors in a sexual or violent manner, or solicits personal information from anyone under 18;
- Solicit gambling or engage in any gambling or similar activity;
- Engaging in, or encouraging other users of the Site to engage in, any activity that Hockey Community believes could subject it to criminal liability or civil penalty/judgment; or
- Engaging in any behavior or activity that Hockey Community deems to be improper, harassing, abusive, or a nuisance towards any other user of Hockey Community’s services.
Hockey Community expressly disclaims any liability for your Misuse of the Services. We reserve the right to monitor any Content you post on the Site or as part of the Services. We will have the right to remove any Content that in our sole opinion (i) violates, or may violate any applicable law or either the letter or spirit of this Agreement, (ii) may harm our reputation, or (iii) upon the request of any other Site user or third party. We will have the right to investigate and take appropriate legal action if a user violates any provisions herein, including removal from the App and the Services. We reserve the right to change the Acceptable Use Policy from time to time without notice by posting changes to our Site.
Limited License and Site Access; All Rights Reserved
We hereby grant you a limited, non-exclusive and revocable license to access and make personal use of this Site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Hockey Community. This license does not include any resale or commercial use of this Site or the Content; any collection and use of any pages; any derivative use of this Site or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. Neither this Site nor any portion of this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Hockey Community. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hockey Community without our express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Hockey Community or any third party’s name(s) or service marks without the express written consent of their respective owners. We (or the respective third party owners of Content) retain all right, title, and interest in this Site and any Content, features and services offered on this Site, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Hockey Community.
Except as otherwise expressly stated, all Content appearing on this Site is the copyrighted work of Hockey Community, its users or its third party content suppliers and are protected by Canadian and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Hockey Community and is protected by Canadian and international copyright laws.
You may download information from this Site and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Hockey Community or any applicable third party suppliers. The use of Content by you, or anyone else authorized by you, is prohibited unless specifically permitted by Hockey Community. Any unauthorized use of Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes. Hockey Community does not warrant or represent that your use of Content or any other materials displayed on this Site will not infringe rights of third parties. If you believe that any Content on this Site violates or infringes upon your intellectual property rights, please notify us immediately with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
Trademarks and Service Marks
Hockey Community, Hockey Community.com, and all other trademarks, service marks, graphics and logos used in connection with Hockey Community.com, or the Site are trademarks or registered trademarks of Hockey Community or Hockey Community’s licensors. The domain name for this Site, all page headers, custom graphics, and button icons are service marks, trademarks, and/or logos of Hockey Community. All other trademarks, service marks, names of Products and Services, company names or logos, whether registered or not, on the Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Site without the prior written authorization of their owners.
Property rights are held in the content on the Website, which is protected as intellectual property, in particular as copyright, design rights, trademarks, domain names, patents, know-how, software or databases. All content and associated rights of the Website will remain the property of the Website and any partners it may have.
The Website grants Internet Users a limited, non-exclusive, revocable and non-sublicensable right to simply access, browse and use this content in connection with the Website. This licence does not grant Users any other right, in particular any right to exploit this content for commercial purposes. Users are not permitted to copy, reproduce, translate, record, retrieve, modify, transfer or market all or any part of the components of the Website content and its features.
Ownership of information submitted via this Site
Password Accounts, Passwords, and Security
If you have been given the option to open an account on this Site that will provide you with access to password protected portions of the Site and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, which includes: (i) your name, (ii) your business name and mailing address (iii) primary administrator information for the account, and (v) billing and related information, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify Hockey Community of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Hockey Community will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Hockey Community or another party due to someone else using your account or password. You may not use anyone else’s account at any time.
Right to Monitor
No Editorial Control of Third Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the Site is provided by users or third party content providers, Hockey Community has no editorial control or responsibility over such Content. Therefore, any opinions, statements, services or other information expressed or made available by third party suppliers on this Site are those of such users or third party suppliers. Hockey Community does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any user or third party, or represent or warrant that your use of the Content displayed on this Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Hockey Community.
Links to Third Party Sites
Applicability of Other Terms
In addition to this Agreement, additional or different terms and conditions (“Other Terms”) may apply in connection with certain types of available features, Content, or the purchase of Products and Services from Hockey Community, its subsidiaries or its affiliates. If applicable, these Other Terms will be set forth (i) where you are permitted to access such available features and Content, or purchase Products and Services or (ii) in a link adjacent to where you are permitted to access such available features, Content, or purchase Products and Services. You should carefully review all Other Terms, as applicable, before accessing and using such available features and Content. These Other Terms are incorporated into and made a part of this Agreement by reference. In the event this Agreement conflicts with the Other Terms, the Other Terms shall control with respect to the subject matter to which such Other Terms apply.
Reservation of Rights
Hockey Community reserves the right in its sole discretion and at any time (i) to deny any account creation request, (ii) to terminate your account and subscription to the Site, (iii) to remove any Content from the Site, and (iv) to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the Site or any subscription to the Site, in whole or in part, including, but not limited to, as Hockey Community deems necessary for purposes of maintenance, upgrades and the like, to maintain the Site or to comply with applicable law. Hockey Community shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the Site or subscriptions to the Site and shall have no obligation to refund any fees paid pursuant to this Agreement.
Limited Warranty and Warranty Disclaimer
Content and other information contained on this Site has been prepared by Hockey Community as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Hockey Community has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to this Site or any other Site maintained by Hockey Community. Users relying on Content or other information from this Site do so at their own risk.
The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to purchases of Products and Services, but are provided solely for general informational purposes. Should you purchase any product or service from Hockey Community or purchase products or services from a third party, the terms and conditions applicable to that transaction will govern such purchase, as applicable, and your use of this Site does not affect that purchase in any manner.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND HOCKEY COMMUNITY EXPRESSLY disclaims all warranties and conditions with respect to the SITE, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of third-party rights, quiet enjoyment and accuracy. HOCKEY COMMUNITY MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability
In addition to the above warranty disclaimers, in no event will (A) HOCKEY COMMUNITY BE LIABLE FOR ANY CONSEQUENTIAL, Exemplary, special, OR incidental damages, including any damages for LOST PROFITS, arising from or relating to your use or the inability to use the SITE or content, OR YOUR USE OF THE PRODUCTS OR Services, EVEN IF HOCKEY COMMUNITY knew or should have known of the POSSIBILITY of such DAMAGES, and (B) Hockey Community’s total cumulative liability arising from or related to the Site OR YOUR USE OF THE PRODUCTS OR SERVICES, whether in contract or tort or otherwise, exceed the GREATER OF one hundred dollars ($100.00) or the purchase price or fees paid by you to HOCKEY COMMUNITY, its subsidiaries or its affiliates IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES.
Compliance with All Laws
Neither party shall be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
Governing Law; Jurisdiction; Venue; Severability of Provisions
No Agency Relationship
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