3. Third Party Information and Links
Any dealings with third parties conducted through the site or Linked Sites, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. Puck Propaganda shall not be responsible or liable for any part of any such dealings.
4. Your Use Obligations
In consideration of your use of any services provided on the site, you agree to: (a) provide true, accurate, current and complete information about yourself where prompted by the site (such information being the “Personal Data”) and (b) maintain and promptly update the Personal Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Puck Propaganda has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Puck Propaganda has the right to suspend or terminate any services provided to you by Puck Propaganda and refuse any and all current or future use of Puck Propaganda services (or any portion thereof).
Services provided by Puck Propaganda are not intended for use by children. In the event that you, as a legal guardian, wish to allow your child to use this site and/or any Puck Propaganda services, you acknowledge that your child will have permission to access this entire site and any Puck Propaganda services, including without limitation the message boards. You further acknowledge that, as the legal guardian, it is your responsibility to determine whether use of the Puck Propaganda services and/or content transmitted through the Puck Propaganda services is appropriate for your child.
Puck Propaganda does not claim ownership of the materials you provide to Puck Propaganda in any way. However, by posting, uploading, inputting, providing or submitting any such materials, you are granting Puck Propaganda and any necessary sublicensees permission to use your submitted materials in connection with the operation of its business, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submitted material; and to publish your name and any contact information you approve of in connection with your submitted material. No compensation will be paid with respect to the use by Puck Propaganda of your submitted material, as provided herein. Puck Propaganda is under no obligation to post or use any material you may provide and Puck Propaganda may remove any such material at any time in its sole discretion. By posting, uploading, inputting, providing or submitting your material you warrant and represent that you own or otherwise control all of the rights to your material as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the material.
5. Prohibited Uses
You may not use this site and/or Puck Propaganda services in any manner which could damage, disable, overburden, or impair this site and/or any Puck Propaganda services (or the network(s) connected to such site or services) or interfere with any other party’s use and enjoyment of this site and/or Puck Propaganda services. You may not attempt to gain unauthorized access to this site and/or any Puck Propaganda service, other accounts, computer systems or networks connected to this site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through this site.
This site may contain e-mail services and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload, post, email, transmit or otherwise make available any material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as software protected by intellectual property laws, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including without limitation, Trojan horses, worms, time bombs, cancelbots or corrupted files.
- Post, publish, modify, transmit, reproduce, or distribute in any way, information, software or other materials or tools designed for compromising the security of the Communication Services, our network or telecommunication services.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any email headers, author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of email, software or other material in order to disguise the origin of such email, software or material.
- Restrict or inhibit any other user from using and enjoying the Communication Services, or create an unusually large burden on the Communication Services, such as by generating levels of traffic sufficient to impede others’ ability to send or retrieve information.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without prior written authorization from such owners of such information.
- Resell any of the Communication Services or use the Communication Services other than for your own personal purposes. Without limiting the foregoing, you agree that you will not use the Communication Services to provide Internet access or any other feature of the Communication Services to any third party.
- Violate any applicable laws or regulations.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or create a false identity to mislead others.
Puck Propaganda has no obligation to monitor the Communication Services. However, Puck Propaganda reserves the right to review materials posted to or sent through a Communication Service and to remove any materials in its sole discretion. Puck Propaganda further reserves the right to terminate your access to any or all of the Communication Services and this site at any time, without notice, for any reason whatsoever.
Puck Propaganda reserves the right at all times to disclose any information as Puck Propaganda deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Puck Propaganda‘s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Puck Propaganda does not control or endorse the content, messages or information found in any Communication Service and, therefore, Puck Propaganda specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, dissemination or other requirements. You are responsible for adhering to such limitations if you download the materials.
All information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”) posted to any Communication Services by any users are the sole responsibility of those users. Puck Propaganda does not guarantee the accuracy, copyright compliance, legality, integrity, quality, or decency of such Content. Posting your name, contact information, and any personal information in any Communication Services places that information into a public forum.
6. Personal and Non-Commercial Use
Unless otherwise specified, the services provided on this site are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this site.
7. International Use
As this site may be accessed globally, if you choose to access this site from locations other than Canada or the United States, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to Canada or the country in which you reside. Notwithstanding the foregoing, Puck Propaganda makes no representation that materials on this site are appropriate or available for use in locations outside Canada or the United States, as applicable, and accessing them from territories where their contents are illegal is prohibited.
All content and software (if any) that is made available to view and/or download in connection with this site, excluding content and/or software that may be made available by end-users through a Communication Service, (“Software”) is owned by and is the copyrighted work of Puck Propaganda and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the software license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
You further agree that you will not download any content or software without complying with all applicable use controls, laws and regulations, and you warrant that you will not download any content or software where such downloading is prohibited by local laws.
9. Disclaimer of Warranties
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THIS SITE, OR OBTAINED FROM A LINKED SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. PUCK PROPAGANDA HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS SITE; HOWEVER, PUCK PROPAGANDA ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED IN THIS SITE. UNDER NO CIRCUMSTANCES WILL PUCK PROPAGANDA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability
YOU SPECIFICALLY AGREE THAT PUCK PROPAGANDA SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE. YOU SPECIFICALLY AGREE THAT PUCK PROPAGANDA IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT PUCK PROPAGANDA IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND/OR INCLUDED IN THIS SITE BY ANY THIRD PARTY.
IN NO EVENT SHALL PUCK PROPAGANDA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE, WHETHER OR NOT PUCK PROPAGANDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Upon reasonable request by Puck Propaganda, you agree to defend, indemnify, and hold harmless Puck Propaganda and its employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site, including without limitation content sent or posted by you through the Communication Services, your connection to this site and/or Puck Propaganda services, your non-compliance with these terms and conditions of use, or your violation of any third-party rights. Puck Propaganda reserves the right, at it’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Puck Propaganda in asserting any available defenses.
12. Content Submitted to Puck Propaganda by You
By posting, uploading, inputting, providing or submitting any information to this site, you consent to Puck Propaganda‘s collection of such information, and you grant Puck Propaganda, its affiliated companies and necessary sublicensees permission to use such submitted information in connection with the operation of this site and its business, including, without limitation, the worldwide, royalty-free rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submitted information; and to publish your name any contact information you approve of in connection with your submitted information. You warrant and represent that you own or otherwise control all of the rights to any information submitted by you to Puck Propaganda through this site or otherwise, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit your submitted information. No compensation will be paid with respect to the use of your submitted information. Puck Propaganda is under no obligation to post or use any information you may provide and Puck Propaganda may remove any such information at any time in its sole discretion. For greater certainty, Puck Propaganda does not claim ownership to any information that you may provide to Puck Propaganda, unless otherwise expressly provided.
13. Intellectual Property Rights
Neither you nor anyone acting on your behalf, including your employees, acquire any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or trade-secrets, relating to the contents of this site, including without limitation, software and information, except as otherwise expressly specified in an appropriate license or other mutually agreed upon, written agreement that you may have with Puck Propaganda. Any grants not expressly granted herein are reserved.
All contents of this site are © 2012 Puck Propaganda. All rights reserved.
14. Modifications to Services Provided
Puck Propaganda reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any services (including message board services) provided through this site (or any part thereof) with or without notice, or in accordance with the terms of your separate written agreement with Puck Propaganda. You agree that Puck Propaganda shall not be liable to you or to any third party for any modification, suspension or discontinuance of such services.
Where feasible (in Puck Propaganda‘s sole discretion), Puck Propaganda will advise you of any inappropriate behaviour on your part and any necessary corrective action. However, if this site or any Puck Propaganda services are used in a way in which Puck Propaganda, in its sole discretion, deems to violate these terms and conditions of use, Puck Propaganda or its agent may take any responsible actions they deem appropriate. Such action may include, but is not limited to, temporary or permanent removal of content, filtering of Internet transmissions and the immediate suspension or termination of all or any portion of the Communication Services (including message board services). Puck Propaganda shall not be liable in any way for any such responsive actions. The above-described actions are not Puck Propaganda‘s exclusive remedies and Puck Propaganda may take any other legal, equitable or technical action it deems appropriate.
Puck Propaganda reserves the right to investigate suspected violations of these terms and conditions of use. You hereby authorize Puck Propaganda to cooperate with (1) law enforcement authorities in the investigation of suspected criminal violations and (2) system administrators at Internet service providers, networks or computing facilities in order to enforce these terms and conditions of use. Such cooperation may include Puck Propaganda providing the username, IP address, or other identifying information about you. Upon termination of any account you may have with Puck Propaganda, you authorize Puck Propaganda to delete any files, programs, data and email messages associated with such account.
Notwithstanding the foregoing, Puck Propaganda reserves the right, in its sole discretion, to terminate your access to this site and Puck Propaganda services or any portion thereof, for any reason without notice.
All demands, notices, communications and reports required under these terms and conditions of use, including any notice of infringement of your copyright, shall be in writing and shall be sent by email with confirmation to Puck Propaganda at the address specified below:
Email address: firstname.lastname@example.org
Attention: Lead Admin
This agreement is governed by the laws of the Province of Newfoundland, Canada, without regard to conflict of laws provisions, and you agree to submit to the exclusive jurisdiction of the courts located in the Province of Newfoundland, Canada. The parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to these terms and conditions of use or to any contracts relating to goods or services obtained through this site. No joint venture, partnership, employment, or agency relationship exists between you and Puck Propaganda as a result of this agreement or use of this site and/or Puck Propaganda services. Puck Propaganda‘s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Puck Propaganda‘s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this site, Puck Propaganda services or information provided to or gathered by Puck Propaganda with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Puck Propaganda with respect to this site and Puck Propaganda services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Puck Propaganda with respect to this site and Puck Propaganda services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express will of the parties that this agreement and all related documents have been drawn up in English. C’est la volont expresse des parties que la prsente convention ainsi que les documents qui s’y rattachent soient rdigs en anglais.
This document was last updated on August 21, 2012