TERMS OF SERVICE

Welcome to Internationalhockey.net (sometimes interchangeably called “IHN” or “International Hockey Network” or “we” or “us” or “the website” or the “IHN website”), and referring in all instances to IHN [meaning collectively, the website’s (and its contents) owner International Hockey Online LLC, a New York limited liability company, and said LLC’s members, editors, staff, moderators, agents, counsel, successors and assigns, jointly and severally]. The following terms of service ("TOS" or “the TOS”) govern your use of the website and its content.

If you do not agree to any of the provisions of the TOS, you should not read, otherwise use any of the content of, or even access the IHN website.

Please read the TOS carefully before reading or otherwise using the website or its content. By reading any content at the website, otherwise using the website, or even merely accessing the website, you expressly agree to be bound by all of these TOS, as same may be amended from time to time in IHN’s sole discretion. Your reading or otherwise using IHN or its content is also subject to all applicable laws and regulations. The website and its content are provided to you strictly in accordance with all of the provisions of the TOS, and in consideration for your express agreement to be bound by all of the TOS and each and every provision thereof.

IHN may amend the TOS from time to time without notice to you, but if we do so, we will post the amended TOS on the IHN website. We encourage you to review the TOS from time to time for possible changes. Your reading, other use of, or mere accessing of the website constitutes your express agreement to the amended TOS.

Access to and use of the website is presently free to the public. IHN reserves the right in its sole discretion to, at any future time, limit access to and use of the website to those persons who agree to pay such access fees and/or membership fees as may be established by IHN from time to time.

You may not use any of the website’s content for commercial purposes without the express written consent of IHN in each instance, and then only upon such terms as IHN may impose in each instance, in IHN’s sole discretion. You are prohibited from copying, distributing, modifying, republishing, broadcasting, or retransmitting any content from the website, creating derivative works of any of the website’s contents, or charging fees for the reading or other use of the website’s content without the express written consent of IHN in each instance, and then only upon such terms as IHN may impose in each instance, in IHN’s sole discretion.

You understand and agree that all content on the IHN website is provided to you on a strict “AS IS” basis. IHN assumes no legal responsibility in connection with your accessing and/or use of the website and/or any of its content. The website and its content are provided strictly for your personal, non-commercial use and enjoyment. The website and its content is provided for your reference only, and you should not and cannot rely upon the website or its content being accurate for any purpose whatsoever. IHN is not responsible for, and expressly disclaims all liability for, the website or its contents’ accuracy and/or reliability.

IHN MAKES NO WARRANTIES TO YOU OR ANYONE ELSE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND BY ACCESSING THE WEBSITE OR READING OR POSTING ANY CONTENT AT THE WEBSITE, YOU HEREBY EXPRESSLY WAIVE YOUR RIGHTS UNDER ANY STATUTORY AND/OR IMPLIEDWARRANTIES TO THE FULL EXTENT OF ALL APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT IHN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR TO A COMPUTER, A COMPUTER SYSTEM(S), AN EMAIL ADDRESS OR ADDRESSES, OR OTHER INTANGIBLE LOSSES [EVEN IF IHN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES], IN CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION TO YOU OR TO ANY THIRD PARTY, THAT RESULTS FROM THE USE OF THE WEBSITE’S CONTENTS IN ANY MANNER WHATSOEVER OR THE USE, ACCESSING OR NAVIGATING OF THE WEBSITE.

IHN makes no guarantee that your use of the website will not subject your email address or your computer or computer system to any harmful viruses or programs (including but not limited to ‘trojan horse’ programs, malware and/or programs that track and/or record your activities on the world wide web).

If you communicate, correspond, trade, or have business dealings with individual IHN members, writers, agents, staff, moderators, or editors, or with any sponsors or advertisers that IHN may permit from time to time to post solicitations and/or web links on the IHN website, you do so solely at your own risk. You agree that IHN shall not be and is not responsible or liable for any loss or damage of any sort incurred as the result of any such communication, correspondence, trading, or business dealings.

The website and/or its content may provide links to other internet websites or links, and other internet websites or links may provide links to the IHN website. Since the IHN has no control over such non-IHN internet websites and links, you acknowledge and agree that the IHN is not responsible for the availability of, does not endorse, and is not responsible or liable to you or any third party for any content, advertising, products or other materials on or available from such non-IHN internet websites and links. Accordingly, you further expressly acknowledge and agree that IHN shall not be and is not responsible or liable, directly or indirectly, to you or any third party for any damage or loss caused or alleged to be caused to you or any third party by or in connection with your or any third party’s use or attempted use of any such non-IHN internet website or links, or your or any third party’s reliance on any such content, goods or services available on or through any such non-IHN internet websites and links, or the actions of the owners and/or operators of any such non-IHN internet websites and links.

IHN is not responsible for, and expressly disclaims all liability for, any offensive language used by IHN and/or IHN’s writers, staff or members.

IHN makes no guarantee that any of the website or its content will remain in perpetuity, or for any specific length of time, on the IHN website address or at any other or subsequent internet address, or in any other media or format, either in whole or in part. IHN expressly reserves the right to discontinue, delete, modify, edit or change the website or any or all of its content, either in whole or in part, permanently or temporarily, at any time in IHN’s sole and absolute discretion, including any content posted by you, IHN, or any of IHN’s registered members. You hereby agree to IHN, in its sole and absolute discretion, deleting, modifying, editing or changing any of your articles, news briefs or other submissions to IHN’s website as IHN sees fit. You hereby acknowledge and agree that your articles, news briefs or other submissions and your user profile are available for public viewing at all times. You acknowledge and agree that your posting content at the website does not create a confidential or fiduciary relationship between yourself and IHN. You agree that IHN shall not be liable to you or to any third party for any modification, suspension and/or discontinuance of the website or any of its content, whether posted by you or others.

Only IHN approved writers (sometimes interchangeably called “registered members” or “writers”) may post content at the IHN website. In order to access the IHN website as a registered member, IHN may require, at its sole discretion, that you provide IHN with certain information about yourself, including but not limited to your legal true name, your current age, e-mail address, and physical address. You agree to provide true, accurate, current and complete information about yourself as requested in connection with your registering as an IHN writer. If you provide any information that is untrue, inaccurate, incomplete or not current, or if IHN in its sole and exclusive judgment suspects that any information that you have provided is untrue, inaccurate, incomplete or not current, IHN has the right to deny you access to the website, and/or deny and/or terminate your status as a registered member. Notwithstanding the foregoing, even if you apply to become an IHN approved writer and provide true, accurate, current and complete information about yourself, IHN is under no obligation whatsoever to grant you status as a writer or publish any of your writings. The term “registered member” as used herein does not grant you membership as a member of International Hockey Online LLC, but merely signifies that IHN has chosen, in its sole discretion and for such period of time as IHN chooses in its sole discretion, to allow you access to the IHN website for the purpose of posting your writings.

You expressly agree that IHN owes you no compensation of any sort, monetary or otherwise, due to your writings being published or posted by IHN on its website or otherwise.

If requested by IHN, you will create a username and a password upon becoming an IHN registered member. You are solely responsible for maintaining the confidentiality of your password and you are fully and solely responsible for all activities that occur under, and for all content that is posted under, your user name and/or password. You acknowledge and agree that IHN has no responsibility or liability for any loss or damage to you or others arising from your failure or inability to safeguard the confidentiality of your password, and you hereby expressly agree to hold harmless and indemnify IHN from and against any and all losses, damages, liability, and judgments arising against IHN, including but not limited to reasonable attorneys’ fees, arising against IHN on account of any content whatsoever posted under your username and/or password, even if you yourself did not post the content, and even if you did not authorize, or even objected to, the posting of the content under your username and/or password.

In addition to all of its other legal and equitable rights and remedies, IHN reserves the right to eliminate your registered membership with IHN and ban you from accessing the website if, in IHN’s sole judgment, you have broken any of IHN’s rules (all of which, as same may be amended from time to time, are expressly deemed incorporated into and made a part of the TOS) after having received a warning from IHN, or, even if you have not received a warning from IHN, if you post anything that is, in IHN’s sole judgment, unlawful, harmful, abusive, defamatory, threatening, harassing, obscene, vulgar, tortious, invasive of anyone's privacy, hateful, fraudulent, pornographic, profane, offensive, derogatory, or violative of the trademarks, copyrights, service marks, patents, trade secrets, or intellectual property of others, or if you post any advertising, promotional materials, spam, or any other form of solicitation not expressly authorized in writing by IHN in its sole discretion in each instance, or if you post or in any other fashion transmit any material that contains software viruses, worms, ‘trojan horse’ programs, malware 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; or if you (intentionally or unintentionally) violate, or encourage the violation of, any applicable local, state, national or international law. Furthermore, you indemnify and hold harmless IHN from and against any and all losses, damages, liability, and judgments arising against IHN, including but not limited to reasonable attorneys’ fees, on account of your posting content containing or doing any of the foregoing mentioned things.

IHN reserves the right to (but has no obligation to) become involved in any way with disputes between you and other IHN registered members, and further reserves the right to (but has no obligation to) resolve any such disputes in any way in which IHN sees fit in its sole, absolute and final judgment with respect to the use of the website, the forums owned by IHN, the content posted on either, and with respect to your forum membership and/or your registered membership.

Whenever you post any content at the website, or whenever you request that any content be posted at the website, you are thereby granting IHN a perpetual, royalty-free, sub-licensable, non-exclusive, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, and distribute such content for any purpose and in any form. This license is granted automatically and no payment of any kind will be due to you at the time you post the content (or request that the content be posted) or at any time in the future.

It is the policy of IHN to fully cooperate with law enforcement authorities and court orders which request or require IHN to supply your personal information and/or your posted content at the website. You agree to IHN disclosing your personal information and/or your content posted at the website in such circumstances, and further agree to IHN disclosing your personal information and/or your content posted at the website if IHN has the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce the TOS, respond to claims that any of your posted content violates the rights of third parties, or to protect the rights, property or safety of the IHN, the IHN’s membership (jointly and severally), the IHN’s users (jointly and severally) and/or the public.

It is IHN's policy to respect the intellectual property rights of others. In connection with that policy, IHN will not knowingly or intentionally post or allow to be posted content or other works of authorship that infringe upon the copyright, intellectual, trademark, or service mark rights of others. If you believe that your copyrighted, trademarked, or service marked work, or any of your other intellectual property, has been copied in a way that constitutes a wrongful infringement, you may notify us by providing our copyright agent (Marc Brunengraber, Esq., Feldherr & Feldherr, 900 Merchants Concourse, Suite 305, Westbury, New York 11590 (USA), telephone number (516) 222-2626, extension 15, facsimile number (516) 222-2651), with the following information: (i) the electronic or physical signature of the owner of the copyright, trademark, service mark, or other intellectual property, or the person authorized to act on the owner's behalf; (ii) a description of the copyrighted, trademarked, or service marked work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the website including the URL or other specific information sufficient to allow IHN to locate the material; (iv) your name, address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark, service mark, or other intellectual property owner, his/her/its agent, or the applicable law; and (vi) a written statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright, trademark, service mark, or other applicable intellectual property owner or are authorized to act on the owner's behalf.

You acknowledge and agree that the names “International Hockey Online LLC,” “IHN,” “International Hockey Network,” “IHF,” and “International Hockey Forums,” (the “names”) and all of the logos associated with such names, and the website, website addresses and their domain names, are the sole intellectual property of International Hockey Online LLC and are proprietary to International Hockey Online LLC. You acknowledge and agree that the names and associated logos may not be reproduced or otherwise used for any purpose without the prior written consent of IHN. You further acknowledge and agree that any necessary software, hardware and/or programs used in connection with the website contains proprietary and confidential information that is protected by applicable intellectual property and other laws and is either owned by or licensed to IHN. You further acknowledge and agree that any content contained in sponsor advertisements or information presented to you through the website or any third party links or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
IHN may provide notices to you (other than changes to the TOS) via email or postal mail. You may communicate with IHN by posting at the forums if you are a registered forum member, by emailing IHN LLC members, staff and/or moderators via email addresses or links that may be provided by IHN from time to time in its sole discretion, or by writing to IHN at: International Hockey Online, LLC, c/o Marc Brunengraber, Esq.,
900 Merchants Concourse, Suite 305, Westbury, New York 11590 (USA). Notwithstanding anything to the contrary contained in this paragraph, legal process against IHN may only be commenced as outlined below in the TOS.

The TOS constitute the entire and only agreement between you and IHN and govern your use of the website and its forums and other content. The TOS supersedes any prior agreement between yourself and IHN, and, to the extent these TOS may or do conflict with the TOS found at the IHF forums, these TOS can and do control. IHN’s failure to or election not to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, you expressly agree that all of the other provisions of the TOS shall remain in full force and effect and constitute the sole and only agreement between yourself and IHN. You agree that, regardless of any statute or law to the contrary, any claim or cause of action that you allege against IHN must be filed in a court of competent jurisdiction and served upon IHN within one (1) year after any such claim or cause of action arose or be forever barred. THE TOS AND THE RELATIONSHIP BETWEEN YOU AND IHN SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. REGARDLESS OF YOUR PLACE(S) OF RESIDENCE OR THE LOCATION(S) FROM WHICH YOU USE OR ACCESS THE WEBSITE, THE TOS CONSTITUTE AN AGREEMENT MADE AND PERFORMED ENTIRELY WITHIN THE STATE OF NEW YORK, UNITED STATES OF AMERICA, BETWEEN YOURSELF AND IHN. IN ANY LEGAL AND/OR EQUITABLE ACTION BETWEEN YOURSELF AND IHN, YOU EXPRESSLY AGREE IN ALL INSTANCES, WITHOUT EXCEPTION, TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE COURTS LOCATED WITHIN THE COUNTIES OF NASSAU OR SUFFOLK, STATE OF NEW YORK, UNITED STATES OF AMERICA, AND THAT VENUE SHALL BE LAID IN ALL INSTANCES, WITHOUT EXCEPTION, EXCLUSIVELY IN THE COUNTIES OF NASSAU OR SUFFOLK, STATE OF NEW YORK, UNITED STATES OF AMERICA.