TERMS & CONDITIONS

TERMS OF USE

Last updated February 8, 2012.

Welcome to www.playerspoll.ca!

Please read these Terms of Use carefully before using this website. 

The website, www.playerspoll.ca (the “Website”), is operated by Hockey Ventures (Canada) Inc. (“Hockey Ventures”), a wholly-owned subsidiary of the National Hockey League Players’ Association (“NHLPA”, and together with Hockey Ventures, “us” or “we”). 

These Terms of Use contain the following provisions:

  1. Your Acceptance of the Terms of Use
  2. Use of this Website
  3. Accuracy of Information
  4. Intellectual Property
  5. Linking to this Website
  6. Third Party Sites
  7. Inappropriate Materials
  8. General Disclaimers
  9. Limitations of Liability
  10. Indemnification
  11. Privacy Policy
  12. Advertisers and Vendors
  13. Revisions to these Terms of Use
  14. Governing Law; Jurisdiction
  15. Termination
  16. Severability
  17. Additional Assistance

1.                  Your Acceptance of the Terms of Use

Your use of this Website confirms your unconditional acceptance of these Terms of Use.  If you do not accept these Terms of Use, please do not use this Website.

2.                  Use of this Website. 

This Website is intended for your personal use only.  You may use this Website only as described in these Terms of Use.

You may print Website pages for non-commercial and lawful use provided that you do not modify any pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.  The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, mirrored or distributed in any way, in whole or in part, without the express written consent of Hockey Ventures.  Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

3.                  Accuracy of Information.

We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Website.

We reserve the right to correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person.

4.                  Intellectual Property.

The Website (including all content, page headers, custom graphics, button icons, scripts arrangement, presentation and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data and other elements available on or through the Website) is the property of Hockey Ventures and others, and is protected by Canadian copyright, trademark and other laws. Your use of the Website does not give you any ownership or other rights in the Website or its content.

Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of the NHLPA and are used under license by Hockey Ventures. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of the NHLPA, Hockey Ventures or such other owner.

Your use of the Website does not give you any ownership or other rights in the Website or its content. 

5.                  Linking to this Website.

Links to the Website without our express written permission is strictly prohibited.  To request permission to link to the Website, please send an email to playerspoll@nhlpa.com.  Any permitted links to this Website must comply with all applicable laws, rule and regulations.  We reserve the right to cancel and revoke any permission we give to link to the Website at any time and without any notice or liability.

6.                  Third Party Sites.

From time to time, this Website may contain links to websites that are not owned, operated or controlled by the NHLPA, Hockey Ventures or their affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. We are not responsible for examining or evaluating any content, materials or other information located on or accessible from any other website. We do not endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk. 

7.                  Inappropriate Material.

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law, including but not limited to, submitting any content to this Website that infringes any third party intellectual property laws.  The Website must not be used to solicit customers or sell products or services.  In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

8.                  General Disclaimers.

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS, WHERE IS, AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE WEBSITE OR ITS CONTENTS.  BY USING THIS WEBSITE, YOU EXPRESSLY ACKNOWLEDGE THAT: (I) THERE ARE NO WARRANTIES OR REPRESENTATIONS MADE REGARDING THE CONTENT ON THE WEBSITE INCLUDING ITS CURRENCY, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE, OR THE SERVERS UPON WHICH THEY RESIDE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (II) AS A SERVICE TO USERS OF THE WEBSITE WE INCLUDE LINKS TO THIRD PARTY WEBSITES THAT WE HAVE NO CONTROL OVER, AND MAKE NO ENDORSEMENTS OR REPRESENTATIONS OF ANY KIND REGARDING THE PRODUCTS, SERVICES, BUSINESS PRACTICES, CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH WEBSITES AND THE USER HEREBY IRREOVOCABLY WAIVES ANY CLAIM AGAINST US WITH RESPECT TO SUCH WEBSITES.

9.                  Limitations of Liability.

Neither Hockey Ventures nor the NHLPA assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. IN NO EVENT WILL HOCKEY VENTURES OR THE NHLPA, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE.

10.              Indemnification. 

By using this Website, you agree to indemnify and hold the NHLPA, Hockey Ventures, and their respective affiliates, members, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Indemnitees”) harmless from any and all claims, cause of action, damages, expenses, costs (including but not limited to reasonable attorneys', accounting and other professional fees) and liabilities (including but not limited to settlements), brought or asserted by any third party against any of the Indemnitees due to or arising out of your use of this Website or your breach of these Terms of Use.

11.              Privacy Policy. 

We collect, use and disclose personal information in accordance with our Privacy Policy, which is available by clicking here and which may be changed from time to time in our sole discretion without any notice or liability to you or any other person by making an amended Privacy Policy accessible through the Website.  By accepting these Terms of Use, and each time you use the Website, you consent to the collection, use and disclosure of your personal information by us in accordance with the Privacy Policy as it then reads.

12.              Advertisers and Vendors

Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the services offered through the Website or the Website itself, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that neither the NHLPA nor Hockey Ventures shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Website or in connection with the services offered through the Website. All of your business dealings with vendors and advertisers appearing on the Website or in connection with the services offered through the Website shall be at your sole risk.

13.              Revisions to these Terms of Use.

We may, in our sole discretion, revise these Terms of Use at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by legal notices or terms located on particular pages of this Website.  We may change these Terms of Use in any matter.

14.              Governing Law; Jurisdiction.

The Terms of Use as well as the use of this Website, including any order or purchase made through this Website shall be governed and construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of laws. You agree that and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily.  You are responsible for complying with your own local laws.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use.

15.              Termination.

You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.

16.              Severability. 

These Terms of Use shall be deemed severable.  In the event that any provision of these Terms of Use is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by application law, and such determination shall not affect the validity and enforceability or any other remaining provisions.

17.              Additional Assistance.

If you do not understand any of the foregoing Terms of Use or if you have any questions or comments, please feel free to contact us at our offices at 20 Bay Street, Suite 1700, Toronto, Ontario M5J 2N8.

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