PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
The following Terms and Conditions govern and apply to your use of or reliance
upon this website maintained by Central York Girls Hockey Association (the
"Website").
Your access or use of the Website indicates that you have read,
understand and agree to be bound by these Terms and Conditions and any other
applicable laws, statutes and/or regulations. We may change these Terms and
Conditions at any time without notice, effective upon its posting to the
Website. Your continued use of the Website will be considered your acceptance
to the revised Terms and Conditions.
1. INTELLECTUAL PROPERTY
All intellectual property on the Website (except for User
Generated Content, as defined below) is owned by us or our licensors, which
includes materials protected by copyright, trademark, or patent laws. All
trademarks, service marks and trade names are owned, registered and/or licensed
by us. All content on the Website (except for User Generated Content, as
defined below), including but not limited to text, software, code, designs,
graphics, photos, sounds, music, videos, applications, interactive features and
all other content is a collective work under Canadian and other copyright laws
and is the proprietary property of the Company; All rights reserved.
2. USE OF COMPANY MATERIALS
We may provide you with certain information as a result of your
use of the Website including, but not limited to, documentation, data, or
information developed by us, and other materials which may assist in the use of
the Website or Services ("Company Materials"). The Company Materials
may not be used for any other purpose than the use of this Website and the
services offered on the Website. Nothing in these Terms of Use may be
interpreted as granting any license of intellectual property rights to you.
3. USER GENERATED CONTENT
"User Generated Content" is communications, materials,
information, data, opinions, photos, profiles, messages, notes, website links,
text information, music, videos, designs, graphics, sounds, and any other
content that you and/or other Website users post or otherwise make available on
or through the Website, except to the extent the content is owned by us.
4. PAYMENT
When you make a purchase on the Website, you agree to provide a
valid instrument to make a payment. Pay attention to the details of the
transaction, as your total price may include taxes, fees, and shipping costs,
all of which you are responsible for.
When you provide a payment instrument to us, you confirm that you
are permitted to use that payment instrument. When you make a payment, you
authorize us (and our designated payment processor) to charge the full amount to
the payment instrument you designate for the transaction. You also authorize us
to collect and store that funding instrument, along with other related
transaction information.
If you pay by credit or debit card, we may obtain a pre-approval
from the issuer of the card for an amount as high as the full price. If you
cancel a transaction before completion, this pre-approval may result in those
funds not otherwise being immediately available to you.
We may cancel any transaction if we believe the transaction
violates these Terms, or if we believe doing so may prevent financial loss.
In order to prevent financial loss to you or to us, we may contact
your funding instrument issuer, law enforcement, or affected third parties
(including other users) and share details of any payments you are associated
with, if we believe doing so may prevent financial loss or a violation of law.
5. SALE OF GOODS AND SERVICES
We may sell goods or services or allow third parties to sell goods
or services on the Website. We undertake to be as accurate as possible with all
information regarding the goods and services, including product descriptions
and images. However, we do not guarantee the accuracy or reliability of any
product information and you acknowledge and agree that you purchase such
products at your own risk.
6. ACCEPTABLE USE
You agree not to use the Website for any unlawful purpose or any
purpose prohibited under this clause. You agree not to use the Website in any
way that could damage the Website, the services or the general business of
Central York Girls Hockey Association.
You further agree not to use and/or access the Website:
a) To harass, abuse, or threaten others or otherwise violate any
person's legal rights;
b) To violate any intellectual property rights of us or any third
party;
c) To upload or otherwise disseminate any computer viruses or
other software that may damage the property of another;
d) To perpetrate any fraud;
e) To engage in or create any unlawful gambling, sweepstakes, or
pyramid scheme;
f) To publish or distribute any obscene or defamatory material;
g) To publish or distribute any material that incites violence,
hate or discrimination towards any group;
h) To unlawfully gather information about others.
7. PROTECTION OF PRIVACY
Through your use of the Website, you may provide us with certain
information. By using the Website, you authorize us to use your information in
Canada and any other country where we may operate.
We may receive information from external applications you use to
access our Website, or we may receive information through various web
technologies, such as cookies, log files, clear gifs, web beacons or others.
We use the information gathered from you to ensure your continued
good experience on our website. We may also track certain of the passive
information received to improve our marketing and analytics, and for this, we
may work with third-party providers, including other marketers.
If you would like to disable our access to any passive information
we receive from the use of various technologies, you may choose to disable
cookies in your web browser.
8. REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble
any code or software from or on the Website;
b) Violate the security of the Website through any unauthorized
access, circumvention of encryption or other security tools, data mining or
interference to any host, user or network.
9. INDEMNIFICATION
You defend and indemnify Central York Girls Hockey Association and
any of its affiliates and hold us harmless against any and all legal claims and
demands, including reasonable attorney's fees, which may arise from or relate
to your use or misuse of the Website, your breach of these Terms and
Conditions, or your conduct or actions. We will select our own legal counsel
and may participate in our own defence, if we wish to so.
10. SPAM POLICY
You are strictly prohibited from using the Website or any of our
services for illegal spam activities, including gathering email addresses and
personal information from others or sending any mass commercial emails.
11. THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third party websites or other
services. We are not responsible or liable for any loss or damage caused as a
result of your use of any third party services linked to from our Website.
12. VARIATION
To the extent any part or sub-part of these Terms and Conditions
is held ineffective or invalid by any court of law, the prior, effective
version of these Terms and Conditions be considered enforceable and valid to
the fullest extent.
13. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform
maintenance or emergency services on a scheduled or unscheduled basis. You
agree that your access to the Website may be affected by unanticipated or
unscheduled downtime, for any reason, but that the we will have no liability
for any damage or loss caused as a result of such downtime.
14. NO WARRANTIES
Your use of the Website is at your sole and exclusive risk and any
services provided by us are on an "as is" basis. We disclaim any and
all express or implied warranties of any kind, including, but not limited to
the implied warranty of fitness for a particular purpose and the implied
warranty of merchantability. We make no warranties that the Website will meet
your needs or that the Website will be uninterrupted, error-free, or secure. We
also make no warranties as to the reliability or accuracy of any information on
the Website or obtained through the Services. Any damage that may occur to you,
through your computer system, or as a result of loss of your data from your use
of the Website is your sole responsibility and we are not liable for any such
damage or loss.
15. PRIVACY
Internet communications are subject to interception, loss or
alteration and, as consequence, you acknowledge that information or data you
provide by electronic means by accessing or using this Website are not
confidential or exclusive, except to the extent required by the applicable
laws, and that communications by email may be intercepted, altered or lost.
16. LIMITATION OF LIABILITY
We are not liable for any damages that may occur to you as a
result of your use of the Website, to the fullest extent permitted by law. This applies to any and all claims by you, including, but
not limited to, lost profits or revenues, consequential or punitive damages,
negligence, strict liability, fraud, or torts of any kind.