Terms of Use

The following terms and conditions (“Terms of Use”) govern your access to, and use of, the HockeyStars.com website (the “Site”) and the services available directly through the Site (the “Services”). The Site is operated by, and the Services are provided by, Citizens Bank of Canada (“Citizens Bank”).

The Site and the Services are provided by Citizens Bank solely for non-commercial use by amateur sports enthusiasts, including education and fun for athletes, coaches, and fans, and tools and assistance for volunteers, and is intended to promote the services and products offered by Citizens Bank. For more information about the Site, please visit our Help/FAQ.

By accessing, browsing, or otherwise using the Site or the Services, you agree to be bound by these Terms of Use, including any subsequent changes or modifications to these Terms of Use. Changes to these Terms of Use will be effective upon the earlier of (i) receipt by you of actual notice of the changes, or (ii) 30 days after posting of the changes on this Site. If you do not agree to these Terms of Use or to any changes, do not access or otherwise continue to use the Site or the Services. You should frequently review these Terms of Use to understand the terms and conditions that apply.

Citizens Bank reserves the right, without notice and in our sole discretion, to terminate your account and your license to use the Site or the Services and to block or prevent future access to and use of the Site or the Services, including discontinuing the Site or the Services in whole or in part at any time.

Eligibility
The Site and the Services are available only to individuals who are 13 years old or older. If you are less than 13 years old, you may not use the Site or the Services. The Site and the Services are offered only in Canada and in such foreign jurisdictions the laws of which permit operation of the Site and the Services as currently offered. Where the Site is generally available in foreign jurisdictions, certain services or offers may not be available (for example, financial services are offered only to Canadians, and contests offered on the Site may be limited to certain jurisdictions). You may be excluded from using some or all of the Site or the Services if you reside in, or attempt to access the Site or the Services from, certain jurisdictions.

Other Applicable Terms
You agree to comply with the HockeyStars.com Conduct Policy when using the Site and the Services, including when submitting any data, text, photographs, graphics, videos, messages, ratings, forum postings, comments or other materials (collectively, “User Content”). The Conduct Policy is located at the end of, and is a part of, these Terms of Use. You also agree to comply with other rules, policies, or guidelines that are posted on the Site or of which you are otherwise advised from time to time. Additional information regarding use of the Site is included in our Help/FAQ.

Privacy
By using the Site or the Services, you consent to Citizens Bank’s collection, use, and disclosure of your personal information as described in the HockeyStars.com Privacy Policy. By posting or disclosing personal information about others, you represent and warrant that you have obtained the consent of the other person to make such use or disclosure.

Site Content
Comments or opinions expressed on the site are those of their respective contributors only. The views expressed by outside contributors do not represent the views of Citizens Bank, its management, or employees. Citizens Bank is not responsible and disclaims any and all liability for the content of comments written by outside contributors to the site.

User Content may or may not be reviewed, prior to or after posting, by Citizens Bank or its agents or by users of the Site who have administrative or editorial permissions. Content deemed to be prohibited by these Terms of Use (including the Conduct Policy), or that is flagged as prohibited or offensive by other users, will be subject to removal at any time without notice. Citizens Bank further reserves the right to, but has no obligation to, screen, edit, modify, remove or disable access to any content that violates these Terms of Use. Further, Citizens Bank reserves the right to report any activity, data or persons (including the disclosure of relevant user information) to appropriate law enforcement officials, regulators, or other appropriate third parties if Citizens Bank suspects you have violated these Terms of Use or any law or regulation.

Citizens Bank also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.

By providing User Content to Citizens Bank or posting or disclosing User Content on the Site, you grant to Citizens Bank the perpetual right to host, modify, publish, create derivative works of, and to otherwise use the User Content in connection with the Site and the Services and the management and promotion thereof. You consent to the publication and use of your image and likeness in connection with the Site and Services and the management and promotion thereof.

The Site may include links to websites operated by third parties. Citizens Bank is not responsible for the content of other websites or services provided through such websites.

Claims of Infringement
Citizens Bank respects the intellectual property rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please follow the instructions on how to contact Citizens Bank to report possible copyright infringement. For directions and more information, read the HockeyStars.com Intellectual Property Policy.

Your Liability
You are solely responsible for your activities in respect of the Site and the Services, including all content that you submit or that a third party submits on your behalf or using your account. You are responsible for ensuring that you have obtained all consents and licenses that are required for you to post content to the Site. You agree to maintain the confidentiality of your password and agree that you are responsible for any use of the Site or the Services by anyone who has obtained your password from you or from anyone to whom you have disclosed your password.

You agree to indemnify Citizens Bank and its affiliates and their shareholders, directors, officers, employees, agents, successors and assigns (the “Citizens Parties”) against any and all claims, actions, losses, liabilities, damages, penalties, costs and expenses (including reasonable attorneys' fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Services or the Site, (b) any actual or alleged breach by you of any obligations, representations, warranties under these Terms of Use, including violations of our Conduct Policy; and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by all User Content that you submit or a third party submits on your behalf or using your account.

Points
Citizens Bank may permit you to collect “points” in connection with the Site and the Services, for example, by participating in contests or games or by contributing content to the Site. Points have no monetary value, and Citizens Bank makes no representations regarding the use or maintenance of points or regarding any benefits offered from time to time in connection with points.

Copyright and License
All content on the Site, including all text, design, product information, graphics, images, pictures, sound and other files, and the selection, compilation and arrangement thereof, other than User Content (collectively, “Materials”) are ALL RIGHTS RESERVED Copyright © 2007 Citizens Bank of Canada and/or its licensors.

Citizens Bank grants you a limited license to make personal use of the Services and the Site and to access and review the Materials for your non-commercial information purposes only. This license does not include the right to: (a) use the Service, the Site, or Materials for other than for its intended purpose, including but not limited to any marketing, selling, or other commercial uses; (b) use framing techniques to enclose any portion of the Site or the Services; (c) publish, publicly perform or display, or distribute to any third party, any Materials, including reproduction or hosting the Materials on any computer network or broadcast or publications media; (d) make derivative uses of the Services or the Materials; or (e) any systematic collection or extraction of data through the use of any data mining, robots or similar data gathering or extraction methods.

You are not conveyed any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of Citizens Bank or any third party. Any unauthorized use of the Services or the Site will terminate the permission or license granted by Citizens Bank to you under these Terms of Use and may violate applicable law.

Trademark
“HockeyStars.com”, “HockeyStars”, “nanocentre”, “Citizens”, “CitizensBank.ca” and Citizens Bank’s logos are trade-marks or registered trade-marks of Citizens Bank and may not be copied, used or imitated, in whole or in part, without the prior written permission of Citizens Bank. You may not use meta tags or any other “hidden text” using any of the above-referenced marks without Citizens Bank’s permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Citizens Bank.

Links and Third Party Content
Citizens Bank or third parties may provide links to other sites or content. Citizens Bank has no control over such sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of sites or content linked to by the Service. Citizens Bank provides links to you only as a convenience, and the inclusion of any link on the Site does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. When you leave the Service, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites.

No Warranties
The Site, the Service, and all Materials contained therein are provided on an “as is” and “as available” basis without warranties of any kind, express or implied. Citizens Bank makes no assurances regarding uptime of the Site or availability of Services or Materials, and you should retain copies of all User Content posted by you to which you may require access in the future. Citizens Bank disclaims all warranties and conditions, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, relating to the Site, the Services, or the Materials. Citizens Bank does not represent or warrant that the Site, the Services, or Materials are accurate, complete, current, reliable or error-free. Citizens Bank cannot and does not represent or warrant that the Site or the Services are free of viruses or other harmful components, including User Content. The foregoing disclaimers apply only to matters relating to the Site, the Services, or the Materials, and do not apply to financial services or other services provided by Citizens Bank or its affiliates.

Limited Liability
In no event shall any of the Citizens Parties be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of data. The liability of the Citizens Parties to you in connection with the Site, the Services, and Material shall be limited to CDN$2000 in the aggregate.

Applicable Law
These Terms of Use and the Site, the Services, and Materials and your use thereof shall be governed by and construed in accordance with the laws of the province of British Columbia, Canada.

Dispute Resolution
In the event a dispute arises between you and Citizens Bank, we encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute.

Any dispute or claim arising out of or related to these Terms of Use or the subject matter hereof shall be finally settled by binding arbitration in Vancouver, British Columbia, Canada, under the Commercial Arbitration Act (British Columbia) as amended from time to time (or any statute that may be passed which has the effect of superseding such statute) by one arbitrator appointed in accordance with the provisions of such legislation. Arbitration proceedings will be commenced by the party desiring arbitration giving notice to the other party specifying the matter to be arbitrated and requesting an arbitration thereof. If the parties are unable to agree upon an arbitrator within 10 days after delivery of such notice, either of them may make application to the court for appointment of an arbitrator. The parties acknowledge and agree that it is their intention that the arbitration will be conducted, and the determination of the arbitrator will be made and communicated in writing to the parties, as expeditiously as possible. In the event of the failure, refusal or inability of an arbitrator to act, or continue to act, a new arbitrator will be appointed in his stead, which appointment will be made in the same manner as hereinbefore provided. The decision of an arbitrator appointed as hereinbefore provided will be final and binding upon the parties and not subject to appeal. Such arbitrator will have the authority to assess the costs of the arbitration against either or both of the parties provided, however, that each party will bear its own witness and counsel fees. Such arbitrator will have access to all books and records relating to the matter in dispute and the parties will co-operate with such arbitrator and provide all information reasonably requested by such arbitrator. The procedures for the resolution of disputes set out in this Agreement do not preclude recourse to the courts (i) for interim or interlocutory injunctive or other equitable relief, (ii) in respect of any alleged infringement of the intellectual property rights of a party, or (iii) any misuse of this website.