End User License Agreement
This End User License Agreement (“EULA”) is entered into between you and Hockey Canada regarding your use of the Hockey Canada Network application (the “Software”). Downloading or using the Software is deemed to be your acceptance of this EULA. If you do not agree to the terms of this EULA, and any future terms, you are not entitled to use the Software and must uninstall the Software from all of your mobile devices.
1. TERMS OF DOWNLOAD SITE
The Software is made available to you through certain providers (in particular, Apple Inc. and Google Inc.) that operate online stores that facilitate downloading of mobile applications. A provider of an online store is referred to in this EULA as a “Download Site Operator” and the store referred to as a “Download Site”. There are terms and conditions posted or made available from a Download Site that may apply between you and the Download Site Operator, and your download and use of the Software is subject to those terms as well as this EULA.
2. SCOPE OF LICENSE
The Software is licensed, not sold, to you. You have no ownership rights in the Software or any related documentation. Hockey Canada retains all right, title and interest in and to the Software (including any changes, modification, or corrections thereto) and any related documentation. Subject to the terms and conditions of this EULA, Hockey Canada hereby grants to you a non- exclusive, non-assignable, non-transferrable license without the rights to sublicense (the “License”) to install and use one copy of the Software on a compatible mobile device (for example, an Apple iPhone OS product or android phone) you own or control. Updates may be provided at the option of Hockey Canada as and when available. If an update is provided, the update will be subject to the EULA or any replacement EULA that may be supplied as part of the update, as well as any additional terms that may be included with the update.
3. INTELLECTUAL PROPERTY
This Software and any related documentation are protected by copyright law and other intellectual property laws and international treaty provisions. All title to and intellectual property, including copyrights in the Software (including all logos, design and images) are and shall remain the property of Hockey Canada. Hockey Canada reserves all rights in the Software. All trade-marks used in the Software are trade-marks of Hockey Canada, other than the trade-mark of any sponsor of the Software (“Sponsors”), which is used with permission.
4. THIRD PARTY INTELLECTUAL PROPERTY
A. Title and intellectual property rights in and to any content displayed by or accessed through the Software belongs to the respective content owner. Such content is protected by copyright or other intellectual property laws and treaties, and is subject to terms of use of the third party providing such content. This EULA does not grant you the right to copy, modify, adapt, create derivative works or make other use of such content.
B. You agree to comply with all terms and conditions of any third party whose software or services are used in conjunction with the Software.
5. LIMITATION OF USE
You agree that you may not copy, modify, adapt, translate into any language, distribute or create derivative works based on the Software without the prior written consent of Hockey Canada. You may not assign this EULA or any of the rights or licenses granted under this EULA. You many not rent, lease, or lend the Software to any person or entity. You acknowledge that the Software contains proprietary trade secrets of Hockey Canada. You agree that you will not, and will not allow any other person, to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law. You may not remove, alter or obscure any product identification, copyright, trade-mark, logos or other intellectual property or legal notices in the Software. You are not permitted to make the Software available over a network where it could be downloaded by multiple users.
6. CONSENT TO COLLECTION AND USE OF DATA
A. The Software may allow at your discretion, the collection and storage of data, content and materials created by you (collectively, “User Data”). You are in control of the information you enter, transmit or display in connection with your use of the Software and you are solely responsible for the consequences of any such actions.
B. Hockey Canada assumes no responsibility whatsoever in relation to or arising from User Data or for actively monitoring User Data for inappropriate or illegal content.
C. Hockey Canada reserves the right to prevent you from submitting User Data and to restrict or remove any User Data for any reason at any time.
D. Hockey Canada may ask you to provide certain personal information about yourself during the Software downloading process. Any information provided to Hockey Canada about an individual whose identity may be inferred or determined from the information is referred to in this EULA as “Personal Information.” All Personal Information that you provide to us will be handled by Hockey Canada in accordance with Hockey Canada’s Privacy Policy, which is available at www.hockeycanada.ca/ en-ca/Corporate/About/Privacy-Policy.aspx. Hockey Canada will not disclose your Personal Information collected through the Software to third parties without your consent to do so.
E. You agree that Hockey Canada may collect and use technical data, including but not limited to your IP address and technical information about your mobile device, operating system and browser, to improve your experience with respect to the Software and to facilitate the provision of software updates. Hockey Canada may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
7. CONFIDENTIALITY AND SECURITY
You are solely responsible for securing and safeguarding your mobile device, and any information you choose to enter, store or transmit using the Software.
8. MAINTENANCE AND SUPPORT
The Software is intended for personal and individual use on a mobile device, and is free of charge to those who download it. No maintenance or support services of any kind are included with the Software and you expressly acknowledge that neither Hockey Canada nor the Download Site Operator have any obligation whatsoever to furnish maintenance and support services with respect to the Software.
9. COST AND LIMITATIONS OF ACCESS
A. You are solely responsible for your use of the Software on your mobile device, including without limitation compliance with these and any applicable third party terms, and payment of any applicable third party fees. Without limiting the generality of the foregoing, you must provide at your own expense the equipment, mobile devices and/or any service plan you use in connection with your use of the Software. You acknowledge that when you use this Software, your wireless carrier may charge you fees for data, messaging or other wireless access as applicable under your service plan with such carrier.
B. Hockey Canada does not guarantee that this Software is accessible on all mobile devices or with all mobile service plans. Hockey Canada does not guarantee that this Software is or will be available in all geographic locations at all times.
10. BILLING
A. Recurring Billing. By starting your Hockey Canada Network membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Hockey Canada Network service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
B. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.
C. Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month or year thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month or year, we may bill your Payment Method on a day in the applicable month or year or such other day as we deem appropriate. For example, if you started your Hockey Canada Network membership or became a paying member on January 31st as a monthly subscription, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly and annual or annually refers to your billing cycle.
D. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
E. Cancellation. You may cancel your Hockey Canada Network membership at any time, and you will continue to have access to the Hockey Canada Network service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR TV SHOWS. If you cancel your membership, your account will automatically close at the end of your current billing period.
11. TERM AND TERMINATION
The term of the License begins on the date you install the Software on your mobile device and is effective until terminated by you or Hockey Canada. Failure to comply with any terms of this EULA shall result in the automatic termination of your rights under the License without notice from Hockey Canada. Upon termination of the License, you shall cease all use of the Software and uninstall all copies of the Software in your possession or control. Termination will not limit any of Hockey Canada’s rights and remedies under this Agreement. The provisions of Sections 3, 4, 5, 11, 13, 14, 15 and 17(c) shall survive termination or expiration of this EULA for any reason.
12. THIRD PARTY MATERIALS
Hockey Canada may provide links from the Software to certain third party (“Third Party Materials”). You acknowledge and agree that Hockey Canada is not responsible for examining or evaluating the content, accuracy, validity, timeliness, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. Hockey Canada does not imply approval or endorse such Third Party Materials and does not assume and will not have any liability or responsibility for any Third-Party Materials or websites, or for any other material, products, or services of third parties. You further agree and acknowledge that you may be subject to other terms and conditions from third parties when you use such third parties’ material, products, services, software, websites or portals and that the present terms and conditions may no longer apply.
13. PRODUCT CLAIMS
You acknowledge that this EULA is between you and Hockey Canada and not the Download Site Operators or any Sponsor. Hockey Canada is responsible for addressing any claims by you or any third party relating to the Software or your possession and/or use of the Software including but not limited to: (i) product liability claims; (ii) any claim that the Software fails to abide by any applicable legal or regulatory environment; and (iii) claims arising under consumer protection or similar legislation.
14. DISCLAIMER OF WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY, ASSURANCES OF GUARANTEE OF ANY KIND. HOCKEY CANADA, ITS AFFILIATES AND ITS LICENSORS (COLLECTIVELY, “HOCKEY CANADA” FOR THE PURPOSES OF THIS SECTION, THE LIMITATION OF LIABILITY SECTION AND INDEMNIFICATION SECTION) DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTIES, REPRESENTATIONS OR STATEMENTS WHATSOEVER WHETHER EXPRESS OR IMPLIED BY STATUTE, CUSTOM, USAGE OR OTHERWISE WITH RESPECT TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION: ANY IMPLIED WARRANTIES OF CONDITION, MERCHANTABILITY OR QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED USE, OR ANY WARRANTY THAT THE SOFTWARE IS ACCURATE OR COMPLETE. HOCKEY CANADA DOES NOT WARRANT: AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE ERROR FREE; THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH ANY OTHER APP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF RIGHTS OF CONSUMERS AND THUS, THE ABOVE EXCLUSIONS AND LIMITATION MAY NOT APPLY TO YOU. HOCKEY CANADA SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGES TO YOUR MOBILE DEVICE.
15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HOCKEY CANADA SHALL IN NO CIRCUMSTANCES HAVE ANY LIABILITY TO YOU OR ANY PERSON CLAIMING THROUGH YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, COMPUTER OR SECURITY FAILURE OR MALFUNCTION, OR ANY OTHER FORM OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, ARISING DIRECTLY OR INDIRECTLY OR RESULTING FROM: THIS EULA; THE SOFTWARE OR YOUR USE OF THE SOFTWARE; ANY FAILURE, INTERRUPTION OR DEFECT IN THE SOFTWARE, THE DEVICE UPON WHICH THE SOFTWARE IS STORED OR ANY THIRD PARTY SERVICES; ANY DELETION, CORRUPTION OR FAILURE OF THE SOFTWARE TO STORE OR TRANSMIT DATA; ANY BREACHES RELATING TO OR ARISING FROM A BREACH OF PRIVACY OR SECURITY IN TRANSMISSION, RETRIEVAL OR STORAGE OF DATA; WHETHER SUCH DAMAGES ARISE IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE AND WHETHER HOCKEY CANADA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT PERMIT CERTAIN LIABILITY EXCLUSIONS OR DAMAGES LIMITATION AND THUS, THE ABOVE MAY NOT APPLY TO YOU.
16. INDEMNIFICATION
You agree to indemnify and hold Hockey Canada, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, contractors or anyone else who has been involved in the creation, production or delivery of the Software (collectively, the “Indemnified Parties”) harmless from and against any claim, liability, loss, damages, costs and expenses incurred by the Indemnified Parties arising out of or in connection with (i) your use of the Software; (ii) your breach of this EULA; (iii) any action taken by Hockey Canada as part of its investigation of a suspected violation of this EULA or as a result of its finding or decision that a violation of this EULA has occurred; or (iv) any violation by you of any laws or rights of a third party.
17. GENERAL
A. Severability and Survival: If any provision of this EULA is unenforceable under applicable law, the remainder of the provision and this EULA shall continue in full force and effect.
B. Waiver: The failure by Hockey Canada to exercise or enforce any right or provision of this EULA shall not constitute a waiver of its rights to subsequently exercise or enforce such right or any other provision of this EULA.
C. Governing Law: You expressly agree that the governing law and exclusive jurisdiction for any claim or action arising out of or related to this Software shall be Alberta, Canada.
D. Entire Agreement: This EULA is the entire agreement between you and Hockey Canada with respect to the Software and supersedes all prior or contemporaneous understandings. We reserve the right to modify this EULA at any time. Such modification shall be effective immediately upon notice to you, which may be given by any means including, without limitation, by posting a new EULA at www.getonetap.com/eula. Your continued use of the Software after the provision of such notice shall be deemed to constitute your acceptance of such modifications.
E. US Embargo Requirements: By downloading the Software you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; (ii) you will not use the Software in any such place; and (iii) you are not listed on any U.S. Government list of prohibited or restricted parties.
F. Developer Name and Address: Any of your questions, complaints or claims with respect to the Software should be directed to:
Hockey Canada
1019 Wharf Street, Suite 500
Victoria, British Columbia, Canada
V8W 2Y9
G. Third Party Beneficiary: You and Hockey Canada acknowledge and agree that the provider of the Download Site from which you downloaded the Software from (Apple Inc. or Google Inc.) and the subsidiaries of such provider, are third party beneficiaries of this EULA, and upon your acceptance of the terms and conditions of this EULA, such provider shall have the rights (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.