20Skaters Hockey Inc. ("20Skaters") provides a web-based service that facilitates the organizing of pick-up hockey games by helping game organizers connect with interested players (the "Service"). The Service is offered via the 20Skaters website located at www.20Skaters.com (the "Site"). You may register for and use the Site and the Service provided that you accept unconditionally all of the terms and conditions contained herein (the "Agreement") as well as any revisions to such terms and conditions as may be published on this webpage from time to time by 20Skaters ("20Skaters").
This Agreement is subject to revision by 20Skaters in its sole discretion at any time, with or without notice to you. You should check this webpage from time to time to keep informed of any changes. Your continued use of the Site or the Service subsequent to the posting of any revisions hereto shall constitute your acceptance of the Agreement as revised. Please refer periodically to the date affixed hereto to determine when this Agreement was last revised.
In this Agreement:
"Game" (also "Games") means any hockey game arranged by an Organizer;
"Organizer" (also "Organizers") means a User who arranges a hockey game using the Service;
"Player" (also "Players") means any User who is invited or assigned to a Game;
"User" (also "Users") means any individual registered with the Service.
You must be at least 18 years of age (or the age of majority in your jurisdiction, if that is greater than 18 years of age) to register for the Service.
As an Organizer you understand and agree that each Player that you add to your list of Players for whom you add an email address must be a person:
You understand that 20Skaters is unable to guarantee the accuracy of information provided to 20Skaters by Users, and that 20Skaters is unable to confirm the true identity of any Player or any other User. As an Organizer it is your responsibility to verify the identity of any Player assigned to any Game of which you are the Organizer. 20Skaters makes no representations, warranties or conditions, whether express, implied or collateral, regarding the skill level or appropriateness of any Player assigned to any Game of any Organizer and that you, as an Organizer, understand and agree that you assume all risks associated with your interaction, whether online or offline, with any Player including any Player or Players assigned by 20Skaters to any Game or Games of which you are the Organizer. You understand and agree that 20Skaters shall not be responsible for any claims that arise as a result of your use of the Service including, but not limited to, claims that arise as a result of the actions or conduct of any Player including any Player or Players assigned by 20Skaters to any Game or Games of which you are the Organizer.
While 20Skaters does what it reasonably can to ensure that disreputable Players are kept out of the game, 20Skaters cannot and does not guarantee that such Players will not be assigned to any Games. You understand and agree that 20Skaters is not responsible for ensuring that Players adhere to the Conduct Rules for Players.
You understand and agree that you are required to have a minimum of $10 million in liability insurance coverage for each of your Games.
While 20Skaters does what it reasonably can to ensure that you will have a full roster for each of your Games, 20Skaters cannot and does not guarantee that you will have a full roster for your Games or that Players who have been assigned to a Game will in fact participate in such Game. For this reason 20Skaters cannot and does not guarantee that you will save money by using the Service.
20Skaters makes no representations, warranties or conditions, whether express, implied or collateral, regarding the skill level or compatibility of the other Players in any Game that you have opted to join or to which you have been invited or assigned or that any such Game will actually take place and you understand and agree that you assume all risks associated with your participation in any Game and for your interaction, whether online or offline, with any Player or Organizer.
20Skaters makes no representations, warranties or conditions, whether express, implied or collateral, as to the safety of any Game, that Games will be conducted in a safe and responsible manner, that Games will be officiated, that Games will be held in a safe and suitable venue, or that the Organizer of any Game, or the Owner/Operator of the facility at which any Game is played, will have a valid insurance policy in place covering the Game and its Players.
You acknowledge that there is an inherent risk of injury when playing the game of hockey and you understand and agree that 20Skaters shall not be responsible for any harm suffered by you or anyone else that results from your use of the Service or your participation in any Game including, but not limited to, harms that are the result of the actions or conduct of any Player or Organizer or your involvement in any Game including any Game to which you were assigned by 20Skaters.
You must refrain from doing any of the following while accessing the Service, while interacting, whether online or offline, with any other User, or while participating in any Game:
While 20Skaters does what it reasonably can to exclude disreputable players from using the Service, 20Skaters cannot and does not make any guarantee that Games will be free of disreputable Players including Players previously identified as such and Players whose prior registration with the Site had been terminated on account of their having been identified as such a Player
For the purposes of helping to ensure that disreputable individuals are excluded from the Service and from participating in any Games 20Skaters may create and maintain a record of your involvement in any hockey games which may include a record of any disciplinary action taken against you as a participant in such games or any allegations or complaints made against you in connection with your participation in such games. 20Skaters reserves the right to share any information contained in any such record as well as certain personal information of yours with 3rd parties including, but not limited to, the Canadian Adult Recreational Hockey Association. Other than what personal information of yours that may be contained in any such record kept in respect of you, you understand and agree that the contents of any such record is the property of 20Skaters and that you have no rights whatsoever in respect to any such record.
You understand and accept that the Organizer of a Game may refuse to allow you to participate in such Game or may eject you from such Game and may do so for any reason or no reason at all, and that neither such Organizer nor 20Skaters shall have any obligation to you in respect of any payments made or costs incurred by you in respect of such Game.
20Skaters acts as a conduit through which payments from Players to Organizers may be made. However, 20Skaters plays no part in and accepts no responsibility for the resolution of disputes between Players and Organizers or among Users generally. You understand and agree that disputes that arise between Players and Organizers or between Users generally are a private matter between the Player and the Organizer in question and that 20Skaters bears no responsibility for the resolution of such disputes.
You understand and agree that it is the right of the Organizer of a Game to refuse to admit any Player to such Game or to eject any Player from a Game, even after payment for such Game has been accepted by such Organizer, and where such refusal occurs 20Skaters shall not be responsible for any refunding of payment or any such reconciliation of payments.
In order to use the Service, you must accept this Agreement and provide your name, email address and other contact information as indicated on the registration page. You will then need to create a username and a password. Your personal information is stored by 20Skaters in accordance with 20Skaters' Privacy Policy (the "Privacy Policy") which you should read carefully to help make decisions about how you use the Service. The Privacy Policy is incorporated by reference into this Agreement and by using or continuing to use the Service you consent to the collection and use of your personal information as outlined in the Privacy Policy.
20Skaters grants to you a strictly limited license to display on your computer, download, print and use a single copy of the underlying HTML, text, audio clips, video clips and other information on the Site ("Content"), for non-commercial (personal or educational) purposes only, provided that:
No other use of the Site or the Services or the Content is permitted. Without limiting the generality of the foregoing, you may not:
Notwithstanding the above, nothing contained in this license shall be construed as conferring any right under any copyright of 20Skaters or any other person who owns the copyright in any of the Content accessible via the Site. Any unauthorized use of the Service will terminate the license granted to you under this Agreement and may violate applicable law.
All right, title, and interest in and to the Service, the Site and the Content are and will remain the exclusive property of 20Skaters and its licensors. The software and graphical user interface that comprise the Service are protected by copyright, trademark, and other laws of both Canada and foreign countries. Nothing in this Agreement gives you a right to use the 20Skaters name or any of 20Skaters' trademarks, logos, domain names, or other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding 20Skaters' business, the Site or the Service more generally is entirely voluntary and 20Skaters will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to you.
20Skaters.com is a trademark of 20Skaters Hockey Inc. This Site contains various other 20Skaters trademarks. The names of all products and services mentioned on our Site are the trademarks of their respective owners. The display of trademarks or trade names on this Site does not convey or create any license or other rights in these marks or names. Any unauthorized use of them is strictly prohibited.
You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that 20Skaters is not responsible for third party access to your account that results from the sharing by you or the theft or misappropriation of your user name and password.
The Site and Services are intended for use in Canada. The Services may not be used where prohibited by law. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, provincial, territorial, federal, national and international laws and regulations. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services.
You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Services; (ii) the information and content you post, transmit, publish, or otherwise make available through the Services; and (iii) your interactions with other Users through the Services.
20Skaters reserves the right, without obligation, to monitor the information or material you submit to the Service and 20Skaters has the right to remove any such information or material that, by its judgement alone, violates or may violate any applicable law or the letter or spirit of this Agreement or at the request of any third party.
You will not provide inaccurate, misleading or false information to 20Skaters or to any other User. If information provided to 20Skaters or to another User subsequently becomes inaccurate, misleading or false, you must notify 20Skaters of such change.
You will not advertise or solicit any User to buy or sell any products or services through the Site or Service. You may not transmit any chain letters, junk or spam e-mail to other Users. Further, you will not use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any User without such User's prior explicit consent.
The Site may contain hyperlinks to websites operated by third parties. The presence of any such hyperlinks are provided for your reference only The inclusion of any link to any third party website does not imply that 20Skaters endorses or accepts any responsibility for the content on any such web site. Your access of such third party websites, including information, material, products and services therein, is at your own risk.
Your use of the Site and the Service is at your own risk. 20Skaters is not responsible for any loss or harm including, but not limited to, harm to reputation, that may result from your use of the Site or the Service. 20SKATERS DOES NOT WARRANT THE QUALITY, ACCURACY OR COMPLETENESS OF ANY CLAIMS, STATEMENTS OR INFORMATION ON THE SITE. THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN NO EVENT SHALL 20SKATERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT OR INDIRECT DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SITE OR SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS ARRANGED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR SERVICE, WHETHER BASED IN CONTRACT, TORT, (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THERE IS A FUNDAMENTAL BREACH OR IF 20SKATERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
You agree that under no circumstances shall 20Skaters be held responsible or liable for situations where the data stored or communicated through the Service are accessed by third parties through illegal or illicit means, including situations where such data are accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to 20Skaters at the time) which may exist in the network. 20Skaters simply stores and facilitates the transmission of private electronic communications. Electronic communications made using the Service are private, and only under situations where explicitly required or allowed by law will such communications be accessed, intercepted, disclosed, or used without the consent of at least one of the parties to the communication.
Some jurisdictions do not allow the limitation or exclusion of certain warranties, conditions or damages, so some of the above exclusions may not apply to you.
You agree to defend, indemnify and hold harmless 20Skaters, its affiliates and partners, and their respective directors, officers, employees and agents from and against all claims and expenses, including lawyers' fees, arising out of your use of the Service.
Without limiting the foregoing, 20Skaters shall have the right to terminate your access to the Site and the Service at any time for any reason whatsoever without notice or obligation to you.
20Skaters' failure to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
This Agreement and any action related thereto will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to or application of any conflict of law provisions of your province, state or country of residence. All claims, legal proceedings or litigation arising in connection with your use of the Service shall be brought solely in Guelph Ontario, Canada, and you consent to the jurisdiction of such courts and waive any objection as to inconvenient forum.
20Skaters reserves the right to change or modify this Agreement at any time and in its sole discretion. The most current version of this Agreement will always be available at https://www.20skaters.com/tos/. If 20Skaters decides to change this Agreement, it will post a new version on the Site and update the effective date affixed hereto. Any changes or modifications to this Agreement will be effective upon posting of the revisions. Your continued use of the Site or Service after such revisions become effective signifies your acceptance of such revised Agreement and your agreement to be bound by the same. You should frequently review this Agreement and the effective date affixed hereto to ensure that you understand the terms and conditions that govern your use of the Site and the Service.
If you have any questions about this Agreement or about the Privacy Policy, please contact us at: brydon@20skaters.com.
This Agreement (and the terms of the Privacy Policy incorporated herein) comprise the entire and exclusive agreement between 20Skaters and you regarding your access to and use of the Site and the Service (excluding any services for which you have a separate agreement with 20Skaters that is explicitly in addition or in place of this Agreement), and this Agreement supersede and replace any prior agreements between 20Skaters and you regarding your access to and use of the Site and the Service.
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