Please read this agreement carefully. Your use of the HockeyBarn website is subject to the following terms:
EligibilityUse of and membership in HockeyBarn is void where prohibited. This site is intended for users who are (13) years or older, and users between the ages of (13) and (18) that have received full parental/guardian permission to use our site. By using this site you warrant that (a) you satisfy the age requirements of this site, (b) all registration information and information posted on your HockeyBarn profile is accurate and truthful, (c) you are committed to maintaining the accuracy of all of your information, (d) will maintain the security of your password and identification, (e) are fully responsible for all use of your account, and (f) your use of the HockeyBarn site does not violate any applicable laws or regulations.
Proprietary RightsAll site content including designs, photos, information, software, text, graphics, music, applications, sound, video, and other files ("Site Content") is the property of Interactive Sports Network, LLC. All rights are reserved. Site Content may not be modified, framed, reproduced, repurposed, republished, downloaded, displayed, posted, transmitted, copied, distributed, or sold in any way, shape, or form without the Company's prior written consent. Except where explicitly authorized by a user, HockeyBarn does not claim ownership of any text, information, photos, videos, sounds, or other works or files ("User Generated Content") that you post, publish, upload, or display on HockeyBarn. By posting User Generated Content on HockeyBarn you grant HockeyBarn and its affiliates a non-exclusive, fully-paid, royalty-fee, sub-licensable, worldwide limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Generated Content.
User Generated Content & User ConductYou are solely responsible for User Generated Content that you post on HockeyBarn. HockeyBarn maximizes its efforts to moderate all content posted by users, but does not guarantee that all content submitted by users will be reviewed and deleted if deemed inappropriate. HockeyBarn does not endorse or have any control over the content submitted by our users. HockeyBarn assumes no responsibility for prohibited content, no obligation to modify or remove any prohibited content, and no responsibility for the conduct of the user submitting any such content. The following is a partial list of the type of content that is considered prohibited ("Prohibited Content"):
|(a)||Is discriminatory, threatening, or exploitive in nature or advocates the maltreatment or harassment of others|
|(b)||Contains explicit subject matter such as nudity, violence, expletive language or refers to any other website with explicit subject matter|
|(c)||Is solicitous. Solicitous content includes content that seeks passwords or other personally identifying information|
|(d)||Aims at commercial interests. Without the expressed written consent of HockeyBarn, all content and usage of the Site shall be for non-commercial purposes only. Commercial activities include, but are not limited to, advertisements, contests, sweepstakes, bartering, pyramid schemes.|
|(e)||Includes information about or media of any third party or person that is posted without the third party or person consent|
|(f)||Aids, abets, or promotes any criminal activity or information that is false or criminal in nature|
|(g)||Is impersonating, accusatory, false, misleading, or unfair|
|(h)||Uses sexually suggestive imagery or any other misleading content intended to draw traffic to a Profile, Group Page, Team Page, or any other section of the site|
|(i)||Involves "spamming," "junk-mail," "chain letters," "mass instant messaging," or other mass means of communication|
|(j)||Solicits any personal information from anyone under 18|
Reserve the right to remove, alter, delete, amend all Prohibited Content as outlined in this list or deemed inappropriate and prohibited by the representatives of the Company. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
Furthermore, the following list contains, but is not limited to, activities/user conduct that are considered illegal and prohibited on HockeyBarn ("Prohibited Activity"). HockeyBarn reserves the right to take the appropriate legal action against anyone or group who commits any type of Prohibited Activity. Prohibited Activity is activity that: (1)Is criminal. Criminal activity includes, but certainly is not limited to, child pornography, fraud, trafficking, theft, gambling, drug dealing, prostitution, copyright infringement, transmission of viruses, harassment, stalking, verbal abuse, spamming, or any content or conduct that demonstrates these activities (2)Is commercial, non-authorized use of the HockeyBarn site (3)Alters the appearance or functionality of the Site in any way, shape, or form, through the transmission of any code, virus, or other means (4)Is intentional overuse of the site with the expressed purpose of slowing site latency and loading (5)automated use of the site. This includes the use of automated scripts (6)Uses the account of any other HockeyBarn member or permits any third party to access your account or password (7)Involves selling or transferring your profile (8)Uses information obtained on HockeyBarn to harass, abuse, harm, or obtain any competitive advantage over any other person, group, or team (9)Collects email addresses or other contact information for the purposes of solicitation (10) Uses the site in any unlawful manner (11) Uploads, transmits, posts, or shares any software viruses or computer code, or files or programs designed to debilitate or interrupt the Site
Copyright Policy & TrademarksUsers may not upload, post, reproduce, distribute, or transmit in any way materials that violate another party's intellectual property rights. In accordance with the Digital Millennium Copyright Act, HockeyBarn will terminate the accounts of members who repeatedly infringe the copyrights of others. At its sole discretion, HockeyBarn may also terminate the memberships of any users who infringe the intellectual property rights of others whether or not there is repeat infringement. If you believe your intellectual property has been infringed on HockeyBarn, please notify and address your concerns to "Copyright Agent" at firstname.lastname@example.org and provide the following information:
|(a)||Identify the work or material that you claim is infringed. You must also provide reasonably sufficient information to allow HockeyBarn to locate the alleged infringing material. This includes the material's URL.|
|(b)||Provide the electronic or physical signature of the owner of the copyright. Alternatively you may provide the electronic or physical signature of the person authorized to act on the owner's behalf.|
|(c)||Include a statement made by you that you, in good faith, believe that the material in question is an unauthorized copyright infringement. You must also testify that the information you are providing is accurate and that you are either the copyright owner or are authorized to act on the owner's behalf.|
|(d)||Include your contact information (Name, Address, Email, Phone Number)|
HockeyBarn™ and "Where Hockey Hits the 'Net"™ are proprietary marks of Interactive Sports Network, LLC. HockeyBarn.com's trademarks may not be used in connection with any product or service that is not provided by HockeyBarn.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HockeyBarn.com.
All other trademarks displayed on HockeyBarn.com's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors.
User DisputesEach user is solely responsible for his or her interaction with other users. HockeyBarn reserves the right, but has no obligation, to monitor disputes between users.
Third Party DisclaimersHockeyBarn is not responsible or liable for any content posted on the HockeyBarn website by any third party user. We do not control what other users post, transmit, or share on HockeyBarn and are not responsible for any inappropriate content posted by any third party user. The Company is also not responsible for the conduct of any user of the Site.
From time to time, HockeyBarn produced articles, videos, photos, graphics, files, or other programs may contain links to other websites ("Linked Sites"). Additionally, User Content may contain links to Linked Sites. HockeyBarn is not responsible for the content, accuracy, opinions expressed on such Linked Sites. We do not monitor these Linked Sites nor do we endorse them. Accessing these Linked Sites should be done at your own risk.
Additionally HockeyBarn is not responsible for any third party advertisements posted on the Site, and does not endorse any companies, products, or services associated with advertisements shown on HockeyBarn.com.
General DisclaimersThe Site may be temporarily unavailable from time to time. HockeyBarn assumes no responsibility for any interruptions of service, technical malfunction, email failure, deletion of service, theft, destruction, or unauthorized access to the service, or any alteration to User communications on the Site. Under no circumstances will HockeyBarn be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site, any interaction between Users of the Site, whether online or offline, or any Content or applications displayed on the Site.
The Site and all services associated with the Site are provided "AS-IS" and HockeyBarn expressly disclaims any representations and warranties, whether expressed or implied, including any warranty of fitness for a particular purpose or non-infringement. HockeyBarn.com does and cannot guarantee any specific results from use of the Site.
Exercise caution when using HockeyBarn.com. HockeyBarn does not warrant that any content, applications, user information, or software is accurate, complete, reliable, or error-free, or that any applications are free of Viruses or are in any way harmful to your computer. You understand that you may download Site Content and run Site applications at your own discretion and risk and that you will be solely responsible for any harmful effects that may result.
HockeyBarn reserves the right to change any part of the site at any time without notice and at the Company's sole discretion.
Limitation on LiabilityHOCKEYBARN.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR HOCKEYBARN.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF HOCKEYBARN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
IndemnificationMember agrees to indemnify and hold HockeyBarn.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
Compliance with LawsMember assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
ArbitrationMember agrees that any claim, action, demand, or assertion of liability of any kind, other than claims for infringement of intellectual property rights or misappropriation of trade secrets, that Member may have against Company, or any of Company's officers, directors, shareholders, agents, or employees, arising out of acts or omissions related to their work for Company, shall be brought exclusively in arbitration to be held before the American Arbitration Association ("AAA"), in New York, New York, under the AAA's Commercial Arbitration Rules, or, in the case of consumer-related disputes, the AAA Supplemental Procedures for Consumer Disputes, and that any award rendered in any such arbitration shall be enforceable by and entered as a judgment in any court of competent jurisdiction. Member agrees that it shall not be entitled to initiate or participate in any class arbitration proceedings against Company.
Communications with HockeyBarnYou agree that all questions, suggestions, ideas, comments, and other feedback provided by you to HockeyBarn shall become the sole property of the Company ("Communications"). All right, including intellectual property rights, shall be owned exclusively by HockeyBarn and all work product resulting from these Communications may be used without acknowledgement or compensation to you.