Game Organizers can download a generic waiver here: pdfSports_Waiver_-_generic_organizers.pdf

Welcome to the User Agreement for calgaryshinny.ca (the "Calgary Shinny website" or "Calgary Shinny")

This User Agreement (this "Agreement") describes the terms of service under which you may access the Calgary Shinny website. Before you can use the Calgary Shinny website, you must read and accept all of the terms and conditions of this Agreement including the privacy terms contained herein. This Agreement sets out the legally binding terms of your use of the Calgary Shinny website. By using the Calgary Shinny website you have read, understood and agree to the terms of the Agreement. If you do not agree to be bound by the terms of this Agreement, you may not use or subscribe to the Calgary Shinny website.

As used in this Agreement, the terms "you", "your", "user", or "member" all refer to the person or entity that uses, becomes a member of, or accesses the Calgary Shinny website. Nothing in this Agreement shall be deemed to confer any rights or benefits to any third parties.

Calgary Shinny reserves the right, at its sole discretion, to change, modify, revise, add or remove any portion of this Agreement at any time, and without prior notice. Changes to this Agreement will be effective when such changes are posted to the Calgary Shinny website. Your continued use of the Calgary Shinny website indicates your acceptance of the amended Agreement, and you are responsible for reviewing such amended terms and conditions from time to time. If any part of this Agreement, as amended, is determined to be invalid or unenforceable for any reason whatsoever, the invalid or unenforceable provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.

Description of Service

Calgary Shinny provides free memberships to users to allow them to access a network of hockey related information. Members can view and add information to the database.

Background Information

In consideration of your use of the Calgary Shinny website, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for the website, subject to all applicable laws. If you provide any information that is untrue, inaccurate, incomplete or not current, or Calgary Shinny has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, Calgary Shinny has the right to suspend or terminate your password and refuse any and all current or future use of the Calgary Shinny website.

Member Obligations

In consideration of your membership and access to Calgary Shinny, you agree:

1. to comply with all local, provincial/state, federal, international or other applicable laws, including but not limited to, rules regarding acceptable online conduct, and not to use the Calgary Shinny website to participate in any fraudulent, illegal, or patently unethical activities;

2. not to participate in any illegal activities with the intention of advertising or mentioning the Calgary Shinny website or that relate to the Calgary Shinny website in any way, including but not limited to, "spamming" your Calgary Shinny URL via email, on message boards, social networking sites, or anywhere else;

3. to have only one Calgary Shinny membership and account and not to attempt to open multiple accounts or memberships, as Calgary Shinny only allows one account per person;

4. not to post content or to initiate communications on the Calgary Shinny website which are unlawful, harmful, defamatory, abusive, harassing, tortuous, vulgar, obscene, indecent, libelous, invasive of anyone's privacy, discloses personal or private matters concerning any person, discriminatory, or otherwise objectionable;

5. not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the Calgary Shinny website without Calgary Shinny’s prior written approval;

6. not to 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;

7. not to upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party;

8. not to interfere or disrupt the website, programs or services offered through the website, servers or networks connected to the website, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature; and

9. not to abuse, stalk, threaten or harass anyone or otherwise violate the legal rights (such as the rights of privacy and publicity) of others in your use of the Calgary Shinny website.

IF ANY MEMBER IS FOUND, IN THE SOLE DISCRETION OF CALGARY SHINNY, TO BE IN VIOLATION OF THE ABOVE REQUIREMENTS, HIS OR HER ACCOUNT WILL BE TERMINATED AND HE OR SHE WILL BE BLOCKED FROM THE CALGARY SHINNY WEBSITE.

Intellectual Property

All logos and marks of Calgary Shinny as well as all other proprietary materials depicted on this website are the property of Calgary Shinny or its licensors and may not be reproduced, distributed, published, or stored in a retrieval system without prior written consent of Calgary Shinny.

If you upload any content to the Calgary Shinny website or a program or service offered through the Calgary Shinny website, including content such as text, commentary, images, photos, videos, music and/or recordings, you are deemed to have granted a non-exclusive, royalty-free, worldwide, unrestricted, irrevocable and unlimited right and permission, but not the obligation, to utilize, distribute, publish, exhibit, digitize, broadcast, display, reproduce, prepare derivative works of, and otherwise exploit such uploaded content in any and all manner and media throughout the world and in perpetuity in connection with Calgary Shinny and associated or successor products and services.

Limitation of Liability

Your use of the Calgary Shinny website and participation in any activities resulting therefrom is completely at your own risk. You expressly understand and agree that Calgary Shinny, its officers, directors, employees, service providers, agents, subsidiaries, affiliates and other parties, if any (collectively, the "Calgary Shinny Group") shall not be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in any way connected with your use of the Calgary Shinny website, the materials or content on the Calgary Shinny website, a delay or inability to use the Calgary Shinny website or otherwise arising in connection with the website or participation in any activities resulting therefrom, whether based in contract, tort, negligence, strict liability or otherwise, even if Calgary Shinny has been advised of the possibility of such damages. If you are dissatisfied with any portion of the Calgary Shinny website or the services provided thereby, your sole and exclusive remedy is to discontinue using the Calgary Shinny website.

Non-Commitment

Calgary Shinny does not have any commitment toward any members, past or present. Calgary Shinny may at anytime, for any reason, with or without notice, discontinue the Calgary Shinny website for one or all of its members. After said discontinuation, Calgary Shinny remains without commitment to any members, past or present.

Release and Indemnity

By accepting the terms of this Agreement and using Calgary Shinny you and you respective heirs, executors, administrators, representatives, successors and assigns and beneficiaries hereby unconditionally and irrevocably release the Calgary Shinny Group from all manner of actions, causes of action, suits, debts, dues, accounts, bonds, covenants, contracts, claims, liabilities and demands every nature and description whatsoever arising or resulting from your use of the Calgary Shinny website.

By accepting the terms of this Agreement, you agree to indemnify, defend and otherwise hold harmless the Calgary Shinny Group from any direct, indirect, incidental, special, consequential, punitive or exemplary damages of any kind or nature, known or unknown, including reasonable legal fees resulting from: (i) your membership and/or participation in the activities resulting therefrom; (ii) your use of the Calgary Shinny website and name; (iii) your violation of this Agreement; (iv) your violation of the rights of another; and (v) any other matter relating to Calgary Shinny or the Calgary Shinny website. Any communications and/or transactions which arise between a member and any third-Parties, between members, or between any member and other user(s) of the Calgary Shinny website are the sole responsibility of the parties to those communications and/or transactions, and Calgary Shinny shall not be considered a party to any such communications and/or transactions.

Monitoring and Enforcement

While Calgary Shinny has the right to monitor activity and content associated with the Calgary Shinny website, Calgary Shinny is not obligated to do so. Since Calgary Shinny does not, and may not have the ability to, control or actively monitor content posted by members or users on the Calgary Shinny website, Calgary Shinny does not guarantee content accuracy, integrity or quality. Because community standards vary and individuals may sometimes choose not to comply with Calgary Shinny’s policies and practices, in the process of using the Calgary Shinny website, you may be exposed to content that you find offensive or objectionable. You can contact Calgary Shinny regarding the content that you find objectionable. Calgary Shinny may investigate complaints and violations of Calgary Shinny’s policies that come to Calgary Shinny’s attention and may take action that Calgary Shinny believes is appropriate, including but not limited to, issuing warnings, removing the content or terminating accounts and/or memberships. However, because situations and interpretations vary, Calgary Shinny also reserves the right not to take any action. As a user of the Calgary Shinny website, you acknowledge and agree that under no circumstances will Calgary Shinny be liable in any way for any content, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Calgary Shinny website.

Disclaimer of Warranties

You understand and agree that the Calgary Shinny website is provided on an "as is" and "as available" basis and without warranties or conditions of any kind, either expressed or implied. To the fullest extent permissible by law, all warranties and conditions of any kind are disclaimed, including, but not limited to, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Calgary Shinny makes no warranty that: (i) the Calgary Shinny website will meet your requirements, (ii) the Calgary Shinny website will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from use of Calgary Shinny will be accurate or reliable, (iv) the quality of any products, services, information, activities or other material coordinated or obtained by you through the Calgary Shinny website will meet your expectations or occur at all, and (v) any errors in the Calgary Shinny website will be corrected.

Termination

You agree that Calgary Shinny, in its sole discretion, may terminate your password, account or use of the Calgary Shinny website and/or the services provided therein, and remove and discard any message within the Calgary Shinny website, for any reason, including, without limitation, for lack of use or if Calgary Shinny believes that you have violated or acted inconsistently with the letter or spirit of this Agreement.

Third-Parties

Calgary Shinny is not responsible for any content provided by any third-parties, and your participation in their programs is governed by their separate terms of service and/or privacy policies. Members are solely responsible for any charges incurred by participation in third-party programs.

References to third-party sites on this website, to any names, marks, 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 the Calgary Shinny endorsement, sponsorship or recommendation of the third party, information, product or service. 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. Calgary Shinny makes no warranty or representation regarding any linked websites.

General Provisions

This Agreement constitutes the entire agreement between you and Calgary Shinny and governs your use of the Calgary Shinny website, superseding any prior agreements between you and Calgary Shinny. The failure of Calgary Shinny to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Governing Law

Calgary Shinny is controlled and operated from Calgary, Alberta, Canada. You agree that your use of the Calgary Shinny website is governed by the laws of the Province of Alberta, Canada without giving effect to any principles of conflict of law. Any dispute, difference, controversy or claim against the Calgary Shinny Group, arising out of, relating to, or having any connection with, the present terms, the Calgary Shinny website, any use of the website and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this clause shall be brought exclusively in a court of competent jurisdiction in the City of Calgary, in the Province of Alberta, Canada.

Privacy Policy

The following privacy terms are incorporated into and subject to the terms of this Agreement. By accepting the Agreement in registration and/or use of the Calgary Shinny website, you expressly consent to the privacy terms and to Calgary Shinny's use and disclosure of your personal information in the manner described in this part of the Agreement.

In order to operate the Calgary Shinny website and to reduce the risk of fraud, Calgary Shinny must ask you to provide information about yourself. The privacy terms of this Agreement describes the information Calgary Shinny collects and how that information is used. Calgary Shinny takes the privacy of your personal information very seriously and will use your information only in accordance with the terms of this Agreement.

Personal Information

All information collected about you during your registration for or use of the website will be used in accordance with all applicable laws and with the Calgary Shinny privacy provisions contained in this Agreement.

Calgary Shinny will collect your name, phone number, and email when you sign up. Your name and activity will be viewable by other members of the Calgary Shinny website if you use the services provided.

Calgary Shinny will share, from time to time, any or all of your personal information, comments, or any other activity you perform or content you post with Calgary Shinny organizers, partners and sponsors it deems appropriate at its sole discretion.

Internal Use

Calgary Shinny may collect, store and process your personal information on servers located in Canada.

Calgary Shinny's primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that Calgary Shinny may use your personal information to:

• provide the services and customer support you request;

• resolve disputes, collect fees, and troubleshoot problems;

• prevent potentially prohibited or illegal activities, and enforce its User Agreement;

• customize, measure, and improve the services and the content and layout of the website; and

• tell you about targeted marketing, service updates, and promotional offers based on your communication preferences.

Calgary Shinny also uses IP addresses, browser types and access times to analyze trends, administer the site, improve site performance and gather broad demographic information for aggregate use

If you sign in using Facebook, Calgary Shinny will have access to the information that Facebook provides. This information will only be used to enhance the experience of the Calgary Shinny website for you and your friends. If you have more questions about privacy with your Facebook information, please review the Facebook privacy policy.

Email

Calgary Shinny respects your email privacy, and will contact you for reasons including, but not limited to: administrative reasons, announcements and support. The Leesman Team Advantage is a co-sponsor of the Calgary Shinny website and as such, will from time-to-time send you valuable, real estate related material. By agreeing to the terms of this agreement and using the Calgary Shinny website you expressly consent to the receipt of commercial electronic messages from the Leesman Team Advantage, such consent shall satisfy the provisions of the Canada Anti-Spam Legislation notwithstanding any deficiencies in how such consent is provided or obtained. You can opt out of receiving said emails at anytime. Should you choose to opt out of receiving these emails, an “UNSUBSCRIBE” link can be found at the bottom of each email. Opting out of receiving emails will not affect or impact your ability to use the Calgary Shinny website.

Notification of Change

Calgary Shinny may amend the privacy terms and/or this Agreement in whole or in part at any time by posting a revised version on the Calgary Shinny website. The revised version will be effective at the time it is posted.

Security

The Calgary Shinny website may contain links to other websites. Calgary Shinny is not responsible for the privacy practices or the content of these other websites. Please ensure you review the privacy policies of these websites.

bottom-sponsors Blue Ocean Interactive Marketing - Calgary Web Design Leesman Realty
Copyright 2015 Calgary Shinny.