Terms of Use
OKANAGAN HOCKEY GROUP INC. (“OHG”) WEBSITE
TERMS AND CONDITIONS OF USE
May 1, 2017
ACCEPTANCE OF TERMS AND CONDITIONS OF USE
The OHG website, located at https://www.okanaganhockey.com/ and including any related software, apps, webpages, websites and associated products and services, including without limitation the OHG Home, About, Academies, Camps, Combines, Showcases, Social Media, and Camp Registration, (collectively, the “Website”), is provided, owned and/or operated by OHG. The Website shall include any new related software, apps, webpages, websites and associated products or services which may be added from time to time.
This page states the Terms and Conditions of Use under which you may access and use the Website and all information, material, original works and other subject-matter or content, including, without limitation, the underlying HTML, articles, text, data, photographs, images, illustrations, designs, icons, audio clips, video clips, documents, products, services and software, on the Website (the “Material”).
By accessing and/or using the Website and/or the Material, you agree to be bound by these Terms and Conditions of Use. If you do not accept or agree with any or all of these Terms and Conditions of Use, do not access or use the Website or the Material.
Changes to these Terms and Conditions of Use
The OHG may amend these Terms and Conditions of Use at any time by posting new Terms and Conditions of Use on the Website in place of these ones. The date on which the Terms and Conditions of Use were last amended is indicated at the beginning of this webpage. The amended Terms and Conditions of Use shall automatically be effective when posted. Amendments may include, without limitation, additions, deletions or modifications to these Terms and Conditions of Use.
OHG will post notice that the Terms and Conditions of Use have been amended on the fronting webpage of the Website located at https://www.okanaganhockey.com/ for a period of 30 days.
You must visit this webpage and review these Terms and Conditions of Use each time that you visit the Website in order to ensure that you are aware of any amendments and that they are acceptable to you.
Your continued access and/or use of the Website and/or the Material following the posting of amended Terms and Conditions of Use and the related notice means that you accept to be bound by the Terms and Conditions of Use, as amended. If you do not agree with any of the terms or conditions in the amended Terms and Conditions of Use, then you agree to immediately cease all access and/or use of the Website and/or the Material, which shall be your sole recourse and remedy in the event you are dissatisfied with the amended Terms and Conditions of Use. These Terms and Conditions of Use may not otherwise be amended.
PERSONAL INFORMATION AND PRIVACY
Your access and/or use of the Website and the Material is subject to OHG Website Personal Information and Privacy Policy, which is available at [NTD: insert link to OHG Privacy Policy webpage].
INTELLECTUAL PROPERTY
All or parts of the Website and the Material may be protected by applicable copyright, trademark, patent and other intellectual property laws under both Canadian and foreign laws which may be violated by unauthorized access and/or use of the Website or the Material. Users of the Website or the Material are solely responsible for ensuring that they comply with any applicable copyright, trademark, patent and other intellectual property laws.
COPYRIGHT
All or parts of the Material are protected by the Copyright Act, RSC 1985, c C-42 of Canada. Copyright in the Material is either owned or licensed by the OHG.
Except as expressly provided in these Terms and Conditions of Use, none of the Material may be copied, reproduced, distributed, republished, downloaded, displayed, modified, posted, presented, transmitted or otherwise exploited in any form or by any means (“Use”) without prior express written consent from the OHG.
To inquire about obtaining consent to Use any Material on the Website, please send a request to: OHG at tysongiuriato@okanaganhockey.com
By sharing information, material, original works or other subject-matter or content on the Website, including without limitation by uploading a photograph, video and/or story to the Website, you agree that you are the author of that information, material, original work or other subject-matter or content and agree to waive and release all copyright and/or moral rights which may exist in that information, material, original work or other subject-matter or content.
TRADEMARKS AND OFFICIAL MARKS
Names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website or in the Material may constitute registered or unregistered trademarks or official marks of the OHG. Nothing on the Website may be interpreted as granting any license to Use any trademark or official mark of the OHG without the express prior written consent of the OHG.
To inquire about obtaining consent to Use trademarks or official marks, please send a request to the OHG at nataliepreston@okanaganhockey.com
NON-COMMERCIAL OR EDUCATIONAL USE
All Material on the Website has been posted to provide you with direct access to information about the products, programs and services offered by the OHG. Such Material has been posted with the intent that it may also be used for personal and public non-commercial or educational purposes.
Except where otherwise prohibited in these Terms and Conditions of Use or by law, you are granted a limited, non-transferable and non-exclusive license to access, view, and Use the Material contained on the Website, in whole or in part and by any means, for non-commercial and educational purposes, without charge or further consent from the OHG, provided that the following conditions are complied with:
Users must not modify or alter the Material. This includes, without limitation, the obligation to retain all copyright, trade-mark, patent or other proprietary notices contained in the Material or any copy of the Material;
Users must exercise due diligence in ensuring that the Material is accurately reproduced;
Users must identify the OHG as the source of the Material; and
Users must not represent any reproduction of the Material as an official version, nor as having been made in affiliation with or with the endorsement of the OHG.
COMMERCIAL USE
Use of the Material on the Website, either in whole or in part, for the purpose of commercial distribution is strictly prohibited, except with express prior written permission from the OHG.
DISCLAIMER
The Material on the Website is provided “as is”, without warranties or conditions of any kind, whether express or implied. To the fullest extent possible under applicable law, the OHG disclaims all warranties and conditions, whether express or implied, statutory or otherwise, including without limitation implied warranties or conditions of merchantability and fitness for a particular purpose or use and warranties or conditions of title, non-infringement or other non-violations of rights.
The OHG does not warrant or make any other representations regarding the use, accuracy, completeness, timeliness, efficacy, applicability, performance, security, availability or reliability of the Material, the Website, any websites linked to the Website, the results from the Use of the Website or any websites linked to the Website, or otherwise regarding the Material or the information, material, original works or other subject-matter or content on any websites linked to the Website.
LIMITATION OF LIABILITY
Under no circumstances, including without limitation negligence, shall the OHG be liable to you or to any third party for any direct, indirect, compensatory (whether expectation or consequential), general, special, liquidated, pecuniary, punitive, aggravated, nominal or incidental damages or losses, or any other damages or losses of any kind whatsoever, including without limitation lost revenue, lost or damaged data or economic loss, regardless of the cause of action, arising directly or indirectly from the Website and/or the Material, including without limitation the access and/or use of, or the inability to access and/or use, any or all of the Website or the Material.
THIRD PARTY WEBSITE LINKS
The Website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by OHG. There also may be circumstances in which access to the Website may be provided by a hypertext link located at a third party website.
OHG is not responsible for and does not endorse, authorize, approve, certify, maintain, or control the content of any third party website, nor does it make any representation or warranty of any kind, express or implied, regarding any third party website, including, without limitation, (i) any representation or warranty regarding the legality, use, accuracy, reliability, completeness, efficacy, timeliness, applicability, performance, security, or availability of any information, material or content on such third party websites, (ii) any representation or warranty regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third party websites, or (iii) any representation or warranty that the operation of such third party websites will be uninterrupted or error free, that defects or errors in such third party websites will be corrected, or that such third party websites will be free from viruses or other harmful components.
OHG is not responsible for the privacy practices of such third party websites. OHG encourages users to review the privacy policies and terms of use of any linked third party websites before navigating any such website or disclosing any personal information online.
Nevertheless, OHG seeks to protect the security, integrity and reliability of the Website and therefore welcomes any feedback regarding links to third party websites contained on the Website (including without limitation if a specific link does not function).
Registration
If you opt to register for any service, including, but not limited to Hockey Camps, OHG’s mailing list, training programs, or contests you agree to provide true, current, accurate and complete information about yourself and the registrant and agree to maintain and promptly update this information as required to keep it true, current, accurate and complete. You acknowledge and agree that OHG shall have no liability associated to or arising from your failure to maintain and accurately update your information provided including, but not limited to, your failure to receive any critical information pertaining to any of OHG’s services or products offered or your account. You also agree and authorize OHG to take any further steps necessary to verify your information provided. You acknowledge and agree that we may rely on your information provided to send you important information and notices regarding your account or any of OHG’s offered services or products.
If there are reasonable grounds to suspect any or all of the information provided is untrue, inaccurate, or incomplete, we reserve the right to suspend or terminate your current and future access to and use of the Website and any online service that is offered currently or may be offered in the future.
If you opt to register for OHG’s mailing list, you acknowledge and agree that we may send you newsletters and other promotions by email. You may unsubscribe from the newsletters and other promotions by following the unsubscribe link contained in the messages at any time.
IF YOU ARE UNDER THE AGE OF 18, you must have permission from a parent or legal guardian to register for any of the services offered online.
User Messages
OHG maintains an account on the following social media sites: Facebook, Instagram, and Twitter (collectively known as the “Social Media Sites”). Any Material posted by
OHG on the Social Media Sites is owned by OHG and may not be used without the express prior written consent of the OHG.
Users accessing OHG’s Social Media Sites should review and agree to the policies, rules, and terms of use or equivalent terms that govern the access and use of the Social Media Sites. Users may access the terms of use for the Social Media Sites at the following:
Facebook: https://www.facebook.com/terms
Instagram: https://help.instagram.com/478745558852511
Twitter: https://twitter.com/tos?lang=en#intlTerms
In addition to the Social Media Sites’ own policies, users should abide by the following rules when posting user content or information on OHG’s Social Media Sites:
Do not post anything that may show violence, nudity, or cause other people to feel uncomfortable or scaredDo not bully anyone or post negative content about anyone;Do not post anyone’s private or personal information on OGH’s Social Media Sites;Do not use OGH’s Social Media Site for any illegal purposes or for any other purposes that were explicitly stated;Do not create fake accounts or use any software applications or robots to create accounts on the Social Media Sites;Do not spam or send unwanted messages to OGH Social Media Sites;Do not act in any manner that might affect how other users may use and enjoy the OGH Social Media Sites;By posting your content on OGH’s Social Media Sites, you agree that you are the owner of that content and have not broken the law with your post;By posting your content on OGH’s Social Media Sites, you agree to allow OGH to use and share the content for OGH’s benefit;OGH will not be responsible for what other third parties may do with your content that you have posted on OGH’s Social Media Sites;OGH may remove or edit any posts on OGH’s Social Media Sites as it sees fit;OGH may block or monitor accounts that OGH thinks may be breaking the law, policies, rules, or terms of use of the Social Media Sites;These rules may be updated at any time by being posted as the Amended Terms of Use on OGH’s website.
Indemnification
By accessing and/or using the Website, any Materials, or OGH’s Social Media sites, you agree to indemnify and defend OGH and it’s officers, directors, employees, contractors, agents, or successors from and against any liabilities that may arise from your use of the Website, Materials or OGH’s Social Media Sites.
No Waiver
At all times, OGH does not waive our rights to enforce any terms or conditions as set out in this Terms of Use, even if any provision of the Terms of Use have been previously breached or unenforced.
TERMINATION
The OHG may terminate these Terms and Conditions of Use, including any licenses contained herein, at any time and also may terminate your access to and use of the Website or the Material if the OHG determines, in its sole discretion, that you have failed or refused to comply with any or all of these Terms and Conditions of Use (“Termination”).
Upon Termination, you must cease to access and/or use the Website and the Material. This includes, without limitation, the obligation to destroy all Material, and all related documentation and all copies thereof, which you obtained from the Website, whether under these Terms and Conditions of Use or otherwise, and the obligation to take any additional or alternative reasonable steps that the OHG may direct in respect of the Termination.
GOVERNING LAW
These Terms and Conditions of Use and the access to and use of the Website and the Material shall be governed by the laws of the Province of British Columbia and the laws of Canada applicable therein. You agree to submit and attorn to the exclusive jurisdiction of the Courts of the Province of British Columbia
CONTACT INFORMATION
For more information about these Terms and Conditions of use or any information or questions regarding the Website, please contact: OHG at tysongiuriato@okanaganhockey.com