Updates: PuckPedia reserves the right to change, modify, add or remove portions of these Terms at anytime. Please check these terms and conditions periodically for changes. Your continued use of the Website following the posting of such changes to these terms will mean you accept those changes.
By accessing the PuckPedia website, you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications we provide provide to you electronically satisfy any legal requirements that such communications in writing.
I. INTELLECTUAL PROPERTY
II. WEBSITE ACCESS AND CONTENT USE
1. Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
2. Circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the, use of the Website or Website Content;
3. Use an automatic device (such as a robot or spider) or manual process to copy or scrape the Website or Website Content for any purpose without the express written permission of PuckPedia, LLC. Notwithstanding the foregoing, PuckPedia, LLC grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
4. Collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;
5. Solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
6. Attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
7. Decompile, reverse engineer, or disassemble any portion of any the Website;
8. Use network-monitoring software to determine architecture of or extract usage data from the Website;
9. Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership without permission, etc.);
10. Violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
11. Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
12. Attempt to gain unauthorized access to any PuckPedia Website Content, other accounts, computer systems or networks connected to any PuckPedia server or to any of the PuckPedia Applications, through hacking, cracking, distribution of counterfeit software, password mining or any other means.
13. You may not reverse engineer, decompile or disassemble any software accessed through PuckPedia Applications, including any proprietary communications protocol used by
III. CONDITIONS FOR LINKING TO WEBSITE
IV. USER REGISTRATION
A. In order to access or use some features of our Website, you may have to register as a user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information to this Website.
B. If you decide to become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a Membership), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at firstname.lastname@example.org of any breach of security or unauthorized use of your Membership.
V. USER SUBMISSIONS & CONDUCT
A. Public Forums We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
B. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
C. You expressly represent, warrant, and covenant that you will not submit any User Content that:
1. Violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right of any person or entity;
2. Impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable;
3. Encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
4. Is an advertisement for goods or services or a solicitation of funds;
5. Includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
6. Contains a formula, instruction, or advice that could cause harm or injury;
7. May interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data;
8. Is a chain letter of any kind;
9. Licensed use by us hereunder would result in PuckPedia having any obligation or liability to any party;
10. Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; or
11. Use, develop or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
E. By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content in connection with any use of your Posts.
F. We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the Websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
G. We have the right, but not the obligation, to monitor User Content. Please exercise caution and common sense when viewing User Content. We have no obligation to post, maintain or otherwise make use of User Content and do not guarantee distribution of User Content. We may discontinue operation of the Website, or your use of the Website, in either case in whole or in part, in our sole discretion. You have no right to maintain or access your User Content on the Website and we have no obligation to return your User Content or otherwise make it available to you.
H. PuckPedia may be considering, contemplating or developing the same or a similar idea (and/or related products, services, concepts, systems or techniques) to one or more ideas (and/or products, services, concepts, systems and/or techniques) reflected in your Posts submitted on the PuckPedia Applications, whether before, at the time of or following your submission. Without limiting the foregoing license in any respect, you hereby waive any and all claims you may have had, may have currently, and/or may have in the future, that any ideas or materials accepted, reviewed and/or used by PuckPedia and its designees (and/or any related products, services, concepts, systems and/or techniques) in any way (i) may be similar to or unlawfully or otherwise improperly compete with your Posts or any of the Content thereof or (ii) violate any obligation of PuckPedia to you or any other person or entity that in any way is alleged to arise from or relate to your Posts or any of the Content thereof.
The rights properly granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If you become aware that you lack any right in User Content which you have posted or submitted to the Site, you will automatically grant us the irrevocable, unrestricted right to the material, without obligation or liability to either party. Upon discovery of this information, you agree to immediately provide us with detailed written notice thereof, addressed to: PuckPedia, LLC, Atten: Legal Team at 11601 Wilshire Blvd., Suite 515, Los Angeles, CA 90025 and email@example.com.
I. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
Materials may be made available via the PuckPedia Websites by third parties not within PuckPedia's control. We are under no obligation to, and does not, scan content used in connection with the PuckPedia Website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by PuckPedia to infringe another party’s copyright to remain on the PuckPedia Website. If you believe any materials on an PuckPedia Website infringe a copyright, you should provide us with written notice that at a minimum contains:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PuckPedia to locate the material;
- information reasonably sufficient to permit PuckPedia to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to PuckPedia's designated agent as follows:
Attn: Associate General Counsel
11601 Wilshire Blvd, Suite 515, Los Angeles, CA 90025
Email: firstname.lastname@example.org, or email@example.com
It is PuckPedia's policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
VI. WEBSITE CONTENT & THIRD-PARTY LINKS
A. We provide the Website including, without limitation Website Content for entertainment, educational and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
B. In some instances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, or warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.
C. The Website may contain links to other Websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party Websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party Websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their Website.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. PUCKPEDIA, LLC DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
IX. LIMITATION ON LIABILITY
B. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF PUCKPEDIA, LLC AND ITS EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS PUCKPEDIA, LLC HAS RECEIVED FROM YOU DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100.
C. In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. However, to the extent that these limitations are permitted, they shall be enforced to the fullest extent permitted by law.
B. If you become a registered user, you may terminate your Membership at any time by sending an e-mail to firstname.lastname@example.org.
XI. CHOICE OF LAW
XII. AMENDMENT; ADDITIONAL TERMS