Introduction
Welcome to WebSimHockey.com ("Website"). Please review the following terms and conditions that govern your use of the Website ("Terms of Use"). Please note that your use of the Website constitutes your unconditional agreement to follow and be bound by these Terms of Use and all applicable laws. The terms "you", "your," and "yours" refer to the user, customer, and purchaser. The terms "we," "our," and "ours" refer to Web Sim Hockey.
Copyright Notice
All pages on the Website are subject to the following copyright notice: © 2010-2011 Web Sim Sports Inc. All materials, including images, text, illustrations, graphics, designs, icons, photographs, programs, video clips, and written and other materials that are part of the Website and any compilation thereof (collectively, the "Contents") are copyrights, trademarks, trade dress, and/or other intellectual property owned, controlled, or licensed by Web Sim Hockey, one of its affiliates, or by third parties who have licensed their materials to Web Sim Hockey. The Contents are protected by U.S. and international copyright laws and Web Sim Hockey. Its affiliates and licensors expressly reserve all intellectual property rights in the Contents. Access to the Website does not confer and shall not be considered as conferring upon anyone any license, assignment, or grant of any intellectual property rights except as expressly stated in these Terms of Use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on the Website is the property of Web Sim Hockey or its software suppliers and is also protected by Canadian, U.S. and international copyright laws.
Any unauthorized use of the Contents or photos is subject to all applicable penalties available to the copyright owner under the applicable copyright laws.
Accuracy of Information
While Web Sim Hockey uses reasonable efforts to ensure the Contents are accurate and up-to-date, Web Sim Hockey makes no guarantees as to the accuracy or completeness of the Contents or the reliability of any advice, opinions, statements, articles, recipes, or other information displayed or distributed through the Website. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH ADVICE, OPINION STATEMENTS, ARTICLES, RECIPES, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. WEB SIM HOCKEY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE.
Products, Services, and Specifications
All features, content, specifications, products, and services described or depicted on the Website are subject to change at any time without notice. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at all times. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) with regard to the possession, use, and sale of any item purchased from the Website. By placing an order, you are agreeing that the products ordered will only be used in a lawful manner.
Indemnification
You agree to defend, indemnify, and hold Web Sim Hockey harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Website.
Disclaimer
THE WEBSITE IS PROVIDED BY WEB SIM HOCKEY ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEB SIM HOCKEY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, SERVICES, OR MATERIALS INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WEB SIM HOCKEY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE THAT SUCH USE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL WEB SIM HOCKEY OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE AND ITS CONTENTS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WEB SIM HOCKEY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WEB SIM HOCKEY BE LIABLE FOR ANY DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
Links to Third Party
References on the Website to any names, brands, products, or services of third parties or hypertext links to third-party sites or information are provided solely as a convenience to you and do not in any way constitute or imply a Web Sim Hockey endorsement, sponsorship, or recommendation of the third-party information, product, or service. If you use those websites, you will leave the Website. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Web Sim Hockey makes no guarantee or representation regarding any linked websites.
Linking to the Web Sim Hockey Website
All links to the WebSimHockey.com must be approved in writing by Web Sim Hockey, except for those that Web Sim Hockey consents to in which: (i) the link is a text-only link containing only the name "Web Sim Hockey"; (ii) the link "points" only to WebSimHockey.com and not to deeper pages; (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with, endorsed by, or sponsored by Web Sim Hockey nor be such as to damage or dilute the goodwill associated with the name and trademarks of Web Sim Hockey or its affiliates. Web Sim Hockey reserves the right to revoke this consent to link at any time at its sole discretion.
Revisions to Terms of Use and Website
Web Sim Hockey reserves the right, at its sole discretion, to change, modify, revise, add, or remove any portion of these Terms of Use in whole or in part, at any time. Changes to these Terms of Use will be effective when such changes are posted to the Website. Your continued use of the Website after any change will be considered acceptance of the changes. Web Sim Hockey may terminate, change, suspend, or discontinue any aspect of WebSimHockey.com, including the availability of any features of the Website, at any time. Web Sim Hockey may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability. Web Sim Hockey may terminate the authorization, rights and license given above and, upon such termination you shall immediately destroy all Contents and photos which you may have downloaded.
International Users
The Website is controlled, operated, and administered by Web Sim Hockey from its offices within the United States of America. Web Sim Hockey makes no representation that materials at this site are appropriate or available for use at other locations outside of the Website and access to them from territories where their contents are illegal is prohibited. You may not use the Website or export the Contents in violation of U. S. export laws and regulations. If you access the Website from a location outside of the United States, you are responsible for compliance with all local laws.
Website Security
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for the user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, including without limitation, submitting a virus to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Web Sim Hockey will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website.
General
Web Sim Hockey respects the privacy of every individual who visits WebSimHockey.com (the "Website") or responds to our guestbook, contests, or interactive advertisements. The Web Sim Hockey Privacy Policy outlines the information Web Sim Hockey will collect and how we will use that information. This policy also outlines what to do if you do not want your personal information to be shared or divulged when you visit the Website or respond to our advertising.
We do not seek out excessive or irrelevant information, whether that information is personally identifying or not. We collect information solely for the purposes stated below. We will take reasonable steps to delete or remove identifying characteristics from your information when it is no longer needed. You agree that until you notify us by following the instructions under "Opt-out" below or we determine that the information is no longer needed, we may retain the information indefinitely.
By using the Website, you are agreeing to the terms of this Privacy Policy. If you do not agree with any terms or practices described in this Privacy Policy, please do not use the Website.
Personally Identifiable Information
Web Sim Hockey will not collect any personal information about you (your name, address, telephone number, or email address) unless you provide it voluntarily. If you do not want your personal information collected, do not submit it to us.
If you do submit personal information, we will store and process that information to better understand your needs, offer certain products and services in connection with the Website, communicate with you, provide customer service, provide a personalized shopping experience, prevent fraud, fulfill your orders - including delivery and billing, complete payment method processing, and improve our products and services.
We will not distribute or sell your personal information to any outside company for marketing or solicitation of any product not affiliated with Web Sim Hockey and your personal information will only be used to support your relationship with Web Sim Hockey and its partners.
There are certain limited instances where we may disclose or transfer personal information other than as described above. For example, we may provide such information to appropriate authorities if we believe in good faith that the law requires it or to protect our legal rights or property. Additionally, as we continue to develop our business, we may buy or sell business assets. In such transactions, customer information is generally one of the transferred business assets. However, we are not in the business of selling customer information to others, and aside from certain exceptional circumstances, we will take appropriate measures to ensure the protection of the information you provide to us.
Aggregating Third Party Information with Personal Information
We may, either through our own searches or by contact with third party providers, add publicly available information to the personal information you provide. For example, if you provide your name or address, we may add your telephone number and email address. We will treat any information that personally identifies you, including any information that we add, as your personal information and subject to the terms of this Privacy Policy.
Changing my Personal Information
We take reasonable steps to ensure that all of your personal information that we collect, use, or disclose is accurate, complete, up to date, stored in a secure environment, and accessed only by authorized personnel for permitted purposes. If your personal information changes, you may update your information on the "Edit Profile" web page. You may also contact us using the information in "Contact Us" below to review the personal information you provided, update it, or request that we remove it from our records. If you make such a request, we will make all reasonable efforts to delete your personal information from our records.
Non-Personally Identifiable Information Collected Automatically
In general, you can visit the Website and view its content while remaining anonymous by not providing any personal information. In some cases, we may collect information about you that is not personal in nature. Examples of this type of information include the internet browser you are using, the type of operating system, the domain name of the website which linked you to our site, the pages you visited while you were using the Website, the domain name of the website you go to next, and your internet protocol address. When collected, we use non-personally identifiable information to determine the overall reaction to various sections of the Website (the length and frequency of stays at the Website and the variety of searches of the Website's database), measure the effectiveness and usefulness of various pages (how the Website is navigated, how many visitors arrive at specific pages), and to improve the flow and interconnectivity of the Website.
When you view the Website we may also store information on your computer. This information is stored in the form of "cookies". Cookies allow us to tailor the Website or advertisements to better match your interests and preferences. With most internet browsers you can block, receive a warning, or erase all cookies from your hard drive. Please refer to your browser instructions or help screen to learn more about these functions. If you choose not to accept cookies, be aware that you might not be able to experience the full functionality of the Website. The data on your use of the Website may be linked to the personal information you have chosen to share with us when you register.
Links and Privacy
We may provide links to websites outside of the Website. These linked sites are beyond our control, and we are not responsible for the conduct of companies linked to the Website.
Changes to the Policy
Please check this privacy policy periodically to inform yourself of any changes. Although we reserve the right to modify or supplement this privacy policy, if there are any major changes to the policy, we will post a notice on the Website for at least 30 days following the change.