Hockey Community Terms and Conditions

About OKI Technologies Inc.

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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: 450 Southwest Marine Drive, 18th Floor, Vancouver, BC V5X 0C3. Its primary purpose is to develop software solutions to make hockey more accessible.

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Acceptance of Terms

Hockey Community (hereinafter “Hockey Community”, “we” or “us”) is the owner and operator of https://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, and events
• 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 community operated by OKI Technologies Inc. (referred as Site or Hockey Community).

These Terms of Use apply to your use of our website, located at https://hockeycommunity.com and also shall apply to the mobile applications developed by Hockey Community. For the purposes of these Terms and Conditions the term Site shall include reference to the mobile application and both shall collectively be referred to as the (“Site”).

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.

PLEASE NOTE: Your access to and use of this Site are subject to these terms of use (“Terms of Use”), as well as all applicable laws and regulations. Only entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law are permitted to use the Site and/or establish a Site account where applicable.

Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use this Site or any information or Content contained on this Site.This is a contract in electronic form, and your access to and use of this Site constitutes your acceptance of and agreement to abide by these Terms of Use. These Terms of Use may be changed, modified, supplemented or updated by us from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms of Use if you continue to use this Site after such changes are posted. Unless otherwise indicated, any new Content added to this Site will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Site and these Terms of Use periodically for updates and changes.

Please contact us as indicated in the“How to Contact Us” section below if you have any questions or would like additional information regarding these Terms of Use.

HC Content Policy ('House Rules')

This is a place for hockey players and fans. We want to hear from you and encourage comments, critiques,questions, and suggestions related to Hockey Community's mission to make hockey more accessible. We simply ask that you stay on topic, respect other people’s opinions, avoid offensive statements, illegal content, and anything else that might otherwise violate our Terms of Service. Please understand that we reserve the right to delete material found to be off topic, inappropriate, objectionable, or for any other reason we deem appropriate.

We reserve the right to monitor any Content you post on the Site or as part of the HC Content Policy. We will have the right to remove any Content that in our sole opinion isn't in the spirit of this Agreement. We reserve the right to change the HC Content Policy from time to time without notice by posting changes to our Site.

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.

Copyright

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.

Intellectual Property

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

With the exception of any personal information you submit (which shall be maintained in accordance with our Privacy Policy), any information you transmit to us via this Site, whether by direct entry, submission, e-mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and nonproprietary and will become the property of Hockey Community. Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Hockey Community shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us via this Site or by any other means for any purpose whatsoever. When you submit any material or information protected by intellectual property rights (e.g., photos, videos, articles, etc.) to the Site, you represent, warrant and covenant to Hockey Community that you have the necessary rights to copy and display such information. Furthermore, you covenant and specifically grant to us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such content that you post on or in connection with the Site. This license ends when you delete such content or your account unless your content has been shared with others and they have not deleted it.

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

Hockey Community neither actively monitors general use of this Site under normal circumstances nor exercises editorial control over the content of any third party’s Site, e-mail transmission, news group, or other material created or accessible over or through this Site. However, Hockey Community does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in our sole discretion, may be illegal, may subject Hockey Community to liability, may violate these Terms of Use, or are, in the sole discretion of Hockey Community, inconsistent with Hockey Community’s purpose for this Site.

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

This Site may contain hyperlinks to other sites owned and operated by parties other than Hockey Community. Such hyperlinks are provided only for ready reference and ease of use. We do not control such Sites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event this Site provides hyperlinks to other Sites that are not owned, operated or maintained by Hockey Community, you acknowledge and agree that we are not responsible for and are not liable for the content, products, services or other materials on or available from such Sites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party Sites or for any action you may take as a result of linking to any such Site. Any such Sites are likely to set forth specific terms of use and privacy policies that you should review. Hockey Community is under no obligation to maintain any link on this Site and may remove a link at any time in its sole discretion for any reason whatsoever. Hockey Community shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such Site. Hockey Community is not responsible for the privacy practices of any other 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.

Privacy Policy

Our Privacy Policy describes Hockey Community’s information practices and procedures for personal information we collect at this Site. We strongly urge you to read our Privacy Policy, which is accessible through the home page of the Site.

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

You represent and warrant that your use of the Site and the Services will be in accordance with the Hockey Community Privacy Policy, with these Terms and Conditions, with any other applicable laws and regulations, including without limitation any local laws or regulations in your country, province, state, city, or other governmental area, regarding the Services, online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States, Canada or the country in which you reside, and with any other applicable policy or terms and conditions. You further represent and warrant that your collection and use of your customer’s personally identifiable information or technical data shall be in compliance with all applicable federal, provincial, and local laws, rules, and regulations as the same may be amended or supplemented from time to time, pertaining in any way to the privacy, confidentiality, security, management, disclosure, reporting, and any other obligations related to the possession or use of any of your customer’s personally identifiable information or technical data (collectively “Privacy Laws and Regulations”). Failure to comply with Privacy Laws and Regulations may result in the immediate suspension and/or termination of your account, as well as civil and/or criminal liability.

Indemnification

You agree to defend, indemnify and hold harmless Hockey Community, its members, affiliates and/or partners, and its and their officers, directors, partners, shareholders agents, licensees and employees (cumulatively “Hockey Community Indemnitees”) from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees that may, at any time, arise out of or relate to your authorized, unauthorized, lawful or unlawful use of the Site, the Products or Services or Content, your breach of the Terms of Use as stated herein or as modified from time to time in Hockey Community’s sole discretion, your inability to access the Site, the use of any linked sites, your reliance on any errors or omissions on the Site, or the propagation and/or contraction of any computer virus in connection with your use of the Site and/or the Content.

Force Majeure

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.

Notices

Any notices to you from Hockey Community regarding the Site or these Terms of Use will be posted on this Site or made by e-mail or regular mail.

Electronic Communications

When you visit this Site or send e-mails to us, you are communicating with us electronically. 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. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

Entire Agreement

These Terms of Use, the Privacy Statement and Notice of Privacy Practices and related Cookie Policy, and Other Terms or policies we may post on this Site constitute the entire agreement between us and you in connection with your use of this Site and the Content and supersedes any prior agreements between us and you regarding use of this Site, including prior versions of these Terms of Use.

Governing Law; Jurisdiction; Venue; Severability of Provisions

The Terms of Use are governed by the laws of the province of British Columbia and the laws of Canada applicable therein. All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if we cannot enforce a portion of these Terms of Use as written, then that portion will be replaced with terms that most closely match the intent of the portion that cannot be enforced to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date such cause of action arises. Any claim or dispute arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the courts of British Columbia, and you hereby consent and submit to the exclusive jurisdiction of such courts.

No Agency Relationship

Neither these Terms of Use, nor any Content, materials or features of this Site create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

Remedies

You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

How to Contact Us

If you have any questions about our privacy policy please email us at support@hockeycommunity.com or write to us at Hockey Community, 450 Southwest Marine Drive, 18th Floor, Vancouver, BC V5X 0C3.

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