Terms of Service
Terms of Service
1. Who’s Who
Throughout these Terms, “you” and “user” apply to both individuals and entities that access or use the Website. If you are an individual using the Website on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using the Website, you are accepting the Agreement on behalf of that entity. The Website offers the ability for users to access features based on a subscription to Evolving-Hockey’s Patreon. The Website does not manage any account information. Users of the Website are granted “access” (referred to throughout these Terms as Access) to features based on their subscription to Evolving-Hockey’s Patreon. By obtaining Access to the Website, you agree to allow Evolving-Hockey to store your Patreon username and pledge amount for the Website to determine which features should be made available to you.
2. Your Access
3. Minimum Age Requirements
The Website is not directed to or meant to be used in anyway by children. Access to and use of the Website is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older (or 16 years or older in the European Union).
Refunds. We are not responsible for refunds for fees paid to a website owner because those transactions are between website owners and their users. If you would like to request a refund for any fees paid to a website or website owner, please contact the website owner. If you have a complaint regarding a website owner, you can contact us.
5. General Representation and Warranty
You represent and warrant that your use of the Website: Will be in strict accordance with these Terms; Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use of financial services, notification and consumer protection, unfair competition, and false advertising); Will not use the Website for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities; Will not infringe or misappropriate the intellectual property rights of any third party; Will not overburden Evolving-Hockey’s systems, as determined by us in our sole discretion; Will not disclose sensitive personal information of others; Will not be used to send spam or bulk unsolicited messages; Will not interfere with, disrupt, or attack any service or network; and Will not be used to create, distribute, or enable material that is – or that facilitates or operates in conjunction with – malware, spyware, adware, or other malicious programs or code.
6. Copyright Infringement and DMCA Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with an Evolving-Hockey product or service violates your copyright, please notify us in accordance with Evolving-Hockey’s Digital Millennium Copyright Act (“DMCA”) Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Evolving-Hockey or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
7. Intellectual Property
The Agreement does not transfer from Evolving-Hockey to you any Evolving-Hockey or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Evolving-Hockey. Evolving-Hockey, the Evolving-Hockey.com logo, and all other trademarks, service marks, graphics, and logos used in connection with Evolving-Hockey.com or our Services, are trademarks or registered trademarks of Evolving-Hockey or Evolving-Hockey’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Evolving-Hockey or third party trademarks.
The Website contains proprietary information, material, and content that is protected by U.S. copyright. Any use of the information, material, or content available on the Website is prohibited except as covered by fair use as defined by the copyright laws and described in this document. You agree not to reproduce, re-distribute, copy, sell, trade or otherwise use any material obtained from the Website for commercial purposes.
8. Fair Use
Fair use of copyrighted material includes the use of protected materials for noncommercial purposes such as research, peer review, commentary, criticism, news reporting, forum discussions, social media use, etc. Unless otherwise noted, those who wish to obtain Evolving-Hockey’s content for such uses may do so without Evolving-Hockey’s express permission. By using any materials found on the Website, you agree that they will limit their use of such information to fair use and will not violate Evolving-Hockey’s or any other party’s proprietary rights.
Evolving-Hockey reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Evolving-Hockey may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
We may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. We will have no obligation to provide a refund of any amounts previously paid. If you wish to terminate the Agreement or your Evolving-Hockey Access, you may simply discontinue using the Website. All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Disclaimer of Warranties
The website is provided “as is.” Evolving-Hockey hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Evolving-Hockey makes no warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
12. Limitation of Liability
In no event will Evolving-Hockey be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any fees paid by you to Evolving-Hockey under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Evolving-Hockey shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Evolving-Hockey, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of the Website, including but not limited to your violation of the Agreement.
14. US Economic Sanctions
You expressly represent and warrant that your use of the Website and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.
15. Jurisdiction, Applicable Law, and Arbitration Agreement
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of the Website will be governed by the laws of the state of Minnesota, U.S.A., excluding its conflict of law provisions. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Minnesota, in the English language, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
The Agreement constitutes the entire agreement between Evolving-Hockey and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Evolving-Hockey may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
This document is CC-BY-SA. It was last updated July 26, 2020. Originally adapted from the WordPress Terms of Service