THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE “WWW.LVHOCKEY.CA” WEBSITE.
Welcome to the www.lvhockey.ca website (hereinafter the “Service”.) The Service is a production of Studio Qi and is the property of Studio Qi, which is responsible for its production.
Please note that we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check periodically for changes. Your continued use of the Service following the posting of any changes to these Conditions will mean you accept those changes.
You confirm that you access the Service from a physical location located in Canada and that you are an adult according to the legislation in force in the Canadian province in which you reside. If you are from 13 to 17 years old, you must review the Terms and Conditions of Service with a parent or guardian, and it is that person who may accept the Terms and Conditions of Service on your behalf.
If you access the Service from a country other than Canada, it is your responsibility to check the legal conditions in force in your country.
This provision applies to any game, object, character, character’s name, story, dialogue, image, animation, sound, music, audiovisual effect, software, technology, source code, operating method, text, article, message, profile, video, any other material, information or content, as well as the content created by the users of the Service (“UCC”), such as, without being limited to the content submitted by users in the forum, chat room, emails and profiles (collectively called the “Content”), offered on the Service, including the manner in which such Content is presented, as well as elements marked as “Copyright © Studio Qi. All rights reserved.”
Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. The Content is the property of Studio Qi which holds all rights related to the Service, in particular but without being limited to intellectual property rights.
“Virtual Hockey League” and all associated drawings and logos, is a trademark held by Studio Qi. All other product, brand and company names and logos used or mentioned on the Service may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on the Service or associated with another Studio Qi service without the express written consent of the owner of the trademark is strictly prohibited.
Use of the Service requires the creation of a personal account (the “Account”).
If you already have a Facebook or Google Profile and you use it to use the Service and at the same time to create your Service Account, you authorize Studio Qi to extract, obtain, record and use information that will be limited to the following: your first name, last name and email address, from your already existing Facebook or Google account.
Creation of your account could be facilitated with the use of information from your account in a third party social network, such as Facebook, Google or Yahoo. The information can be obtained as a function of the security parameters of your account on the social network concerned, and you authorize Studio Qi to extract, obtain, record and use this information, which is limited to your first name, your last name and your email address, for the creation of your Service Account and the display of public information, such as your list of friends. If you access the Service from a third-party social network, you confirm that you respect the conditions of the social network concerned.
Your Service Account is governed by the Conditions set out here. If you decide to register for the Service, you agree to provide accurate and up-to-date information about yourself, as the registration process requires, and to make sure that it remains accurate by making the necessary updates as soon as possible.
You agree: (a) to ensure the confidentiality of the password or other Account identifier that you have chosen or is assigned to you at the time of registering for the Service; (b) to assume responsibility with respect to all activities associated with the use of this password or your Account. Moreover, you agree to notify Studio Qi of any unauthorized use of your password or your Account. You may not transfer your Account in any way whatsoever to another person. Studio Qi cannot be held in any way responsible, directly or indirectly, for losses or damages of any kind resulting from your failure to comply with this provision or linked to such failure.
You agree that your name and your photo (where applicable) from your Service Account may be communicated publicly and you understand that they may be indexed by Internet and mobile search engines.
Studio Qi reserves the right to withdraw or reclaim any user name at any time and for any reason, including without being limited to, an objection by a third party that the user name violates the right of that third party.
Conditional on the acceptance and continued respect for the Conditions, Studio Qi grants you a limited, revocable, non-exclusive and non-transferable license allowing you to use and to display the Service on your computer or another electronic access device solely for your personal entertainment and not for commercial purposes, provided that you agree not to modify the Service in any way and to preserve all notices relative to copyright and other rights of ownership.
Unless otherwise indicated herein, you undertake not to reproduce, retransmit, distribute, sell, publish, communicate, disseminate or otherwise make accessible any part of the Content found on the Service obtained through the Service nor to make derivatives works of it, in particular by caching, formatting or another similar method, without having obtained the prior written consent of the copyright holder of the Content concerned. The unauthorized reproduction of the Content found on the Service may result in the cancellation of your Account, a prohibition from using the Service, and legal action. You undertake to cover and hold Studio Qi harmless from any illegal or unauthorized use of the Content through your Account.
You understand that in the Service, you could “win,” “acquire” or “buy” (a) virtual (fictitious) money, points or credits for use in the Service, or (b) virtual articles or premium services to use in the Service (collectively called “Virtual Items”), and you understand that these real world terms are fictitious and used only for representation purposes in a virtual environment. You acknowledge that you do not “own” the Virtual Items and that the value of a Virtual Item does not refer in any way to a real currency or its equivalent. In reality, you may acquire a limited licence to use the Service, which includes software programs that occasionally appear as “Virtual Items.” The purchase and sale of the limited licence of these Conditions becomes a complete transaction after receipt of your payment or the exchange of a promotional coupon from payment systems linked to the Service. Any virtual money balance in your account does not in any way correspond to real money but instead represents a measurement of the scope of your licence.
The following restrictions apply to the use of the Service :
In cases where you have authorized a minor to use the Service, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor's access to and use of the Service; and (c) the consequences of any misuse of the Service by the minor or use which violates the Conditions; (d) for any payment made by the minor from the Service, by credit card, PayPal or any other means.
By uploading materials to any chat board or forum available on the site of the Service (collectively, "Forums") or otherwise submitting any materials to us through any other content generating or submitting Service on the Service site, you automatically grant (or warrant that the owner of such materials expressly grants) Studio Qi a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, adapt, translate, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials, for the purposes of publishing and promoting such materials in connection with the Forums or other Service through which the materials were submitted or generated, and for all promotions thereof. Such license shall apply with respect to any form, media, or technology now known or later developed. In addition, you warrant that all "moral rights" in such materials have been waived.
In addition, you automatically grant (or warrant that the owner of such material expressly grants) Studio Qi a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to televise, broadcast, transmit, exploit, use, communicate, publicly display and perform, distribute and create compilations and derivative works from, some or all such submitted materials, including without limitation the right to grant a sub-licence to a third party, in any manner, media or technology, including, but not limited to all forms of television, wireless and online technology, now known or later developed.
If you are a minor, you must have permission from a parent or a legal guardian to upload any materials to a forum. Studio Qi may request a parent's or guardian's email address from anyone who uploads any materials to a forum for the purpose of verifying with the parent or guardian that he/she has in fact given permission for such uploading. In the event that material is uploaded without permission, all uploaded material will be removed immediately and without notice to you.
STUDIO QI RESERVES THE RIGHT TO WITHDRAW ANY CONTENT IT DEEMS OBJECTIONABLE FOR ANY REASON WHATSOEVER. THE DECISION TO WITHDRAW CONTENT IS FINAL AND NOT SUBJECT TO APPEAL. STUDIO QI DECLINES ANY RESPONSIBILITY IN CONNECTION WITH CONTENT MANAGEMENT.
YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT YOU PUBLISH. YOU GUARANTEE THAT ANY MATERIAL YOU UPLOAD IS FREE OF VIRUSES, ADWARE, SPYWARE, WORMS OR ANY OTHER MALWARE.
When participating in a forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Studio Qi cannot be held responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited.
Please note that Studio Qi reserves the right to refuse to post, remove, modify and move any information or materials, in whole or in part, that, at its sole discretion, are unacceptable, undesirable, or in violation of these Conditions.
You understand and accept that any communication with another user using the Service is public in nature and not private and that you have no expectation that the message will be private, even if you identify it as private. You understand that your personal information could be seen and used by others and could result in unwanted message; accordingly, we strongly recommend that you do not communicate your personal information using the Service communication methods. Studio Qi is not responsible for information that you chose to communicate to other users or for the actions of other users that could result from it. Flooding or spamming the communication methods of the Service with, but not limited, to messages, chain letters, chain sales or any other form of spamming, is formally prohibited.
You are entirely responsible for your interactions through the Service with other users or any other party. Studio Qi reserves the right but has no obligation to intervene between any dispute between users of the Service.
YOU UNDERSTAND AND EXPRESSLY ACCEPT THE FOLLOWING: (A) THE SERVICE IS OFFERED “AS IS” AND AS A FUNCTION OF ITS AVAILABILITY. STUDIO QI GIVES NO WARRANTY GUARANTEE AND MAKES NO DECLARATION (IN THIS SECTION "WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) STUDIO QI SPECIFICALLY MAKES NO WARRANTY THAT THE SERVICE, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SERVICE WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
Studio Qi reserves the right, at its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective as soon as they are posted on the Service. Please check these Conditions regularly for updates by checking the date of the "Last Update" shown at the top of this document. If any change is not acceptable to you, you must discontinue your use of the Service immediately and close your Account. Your continued use of the Service after any such changes are posted will constitute acceptance of those changes. Further, Studio Qi reserves the right to change, modify, suspend or discontinue any aspect of the Service or Content from time to time without notice or liability and for any reason whatsoever.
Use of the Service is free. However, you have the option of purchasing with "real money" a licence to use Virtual Items and/or other products and services according to a prepaid formula. You may also have the possibility of acquiring a licence for Virtual Items in exchange for virtual money from a third party or a coupon from an advertising partner.
ALL FEES TO ACQUIRE A LICENSE CONSTITUTE A FINAL SALE AND ARE NOT SUBJECT TO RETURN , EXCHANGEABLE OR REIMBURSEMENT.
You can buy a licence for Virtual Items by visiting the pages of the Service where these Items are offered. Your payment can be made through a third party specializing in payment solutions like PayPal. Your purchases are recorded in your Account.
When you buy a licence to use Virtual Items, you warrant that: (a) you have reached the age of majority in the province or territory where you live; (b) any information provided is true and accurate (in particular but without limitation the information on credit cards); and (c) you are the holder of the credit card used in the payment solution.
Your licence for Virtual Items to be used in the Service is a service offered by Studio Qi which takes effect after acceptance by Studio Qi of your purchase or your exchange of a coupon from an advertising partner. You agree to pay all applicable expenses incurred by your or any other person through an Account registered in your name and all applicable taxes (the “Fees”).
Please note that Subscription Pay Services renew automatically at the end of the relevant period as set out in the applicable Pay Service Description and Fees in respect of each such renewal shall be based on the then current rate for the particular Subscription Pay Service. You may terminate your subscription at any time, which termination will only be effective at the end of your subscription period.
Studio Qi reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages related to the use of the Pay Service.
YOU ACKNOWLEDGE AND ACCEPT THAT STUDIO QI HAS NO OBLIGATION TO REIMBURSE YOU FOR ANY REASON WHATSOEVER, AND THAT NO REIMBURSEMENT IN MONEY OR OTHERWISE WILL BE PAYABLE TO YOU FOR ANY VIRTUAL ITEM UNUSED IF YOUR ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE IS VOLUNTARY OR INVOLUNTARY.
In consideration of the availability, and your use, of a Pay Service, you acknowledge and agree: (a) to these Terms and Conditions, including without limitation the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant Pay Service Description, (b) that you are solely responsible for all acts or omissions that occur through your Pay Service Account, (c) that the Pay Service is for your personal, non-commercial use and you agree not to resell, distribute, transfer, share or otherwise use any Pay Service, including any coupons or credits related to same for any commercial purposes whatsoever, (d) that Studio Qi reserves the right to specify an expiry date for the use of any coupons or credits purchased in connection with any Pay Service, and (e) that Studio Qi reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service at any time, including without limitation, where Studio Qi has determined, at its sole discretion, that your use of the Pay Service is, or was, in breach of these Terms and Conditions.
Any such termination by Studio Qi shall be in addition to and without prejudice to such rights and remedies as may be available to Studio Qi, including injunction and other equitable remedies. Your ability to use the Pay Service is also subject to any limits established by Studio Qi or by your credit card issuer. If Fees cannot be charged to your credit card or your charge is returned for any reason, including chargeback, Studio Qi reserves the right to either suspend or terminate your Pay Service Account and your access to the Pay Service.
You are responsible for all fees to access the Service, such as an internet or mobile connection.
You acknowledge and accept that the time you spend using the Service is purely for personal entertainment purposes and that no value can be attributed to that time. For clarification and without limiting the scope of these Conditions, no value can be attributed to your time devoted to accumulating Virtual Items (virtual coins, points, credits, virtual articles) or developing content.
Any exchange of real funds between users of the Service is strictly prohibited.
The Service provides for the use of fictitious virtual money in its operation. Any purchase or use of virtual money with the Service is non-reimbursable. The use of virtual money must respect the Conditions provided herein. Any contravening use of virtual money may result in cancellation of your Account, without any reimbursement from Studio Qi. You acknowledge that Studio Qi has no obligation to reimburse any amount, for any reason, in connection with virtual money. Studio Qi is not in any way responsible for the loss of virtual money due to the closing, voluntary or involuntary, of a Service Account and will not provide any reimbursement or other compensation.
You acknowledge and agree that your correspondence or business dealings with any third parties, specifically (a) in exchange for a promotion to receive optional elements or an improvement to be used in the Service (e.g. virtual money or a Virtual Item); (b) merchants or advertisers, found on the Service, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Studio Qi assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that Studio Qi shall not be responsible or liable for, directly or indirectly, any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
Please exercise discretion while browsing the Internet. Please note that certain links on the Service may take you to other websites. Studio Qi provides these links only as a convenience and not as an endorsement by Studio Qi. These linked sites are not necessarily under the control of Studio Qi. 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 and other destructive elements. Studio Qi is not responsible for the content of any such linked sites or any other web page which is not part of the Service and under its control. Unless otherwise expressly provided, Studio Qi makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that Studio Qi will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from the Service.
You agree to defend, indemnify and hold harmless each of Studio Qi, its affiliates and their licensors and each of its respective officers, directors, employees and agents, including all third parties mentioned on the Service, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Conditions; (b) your access to or use of the Service; or (c) your use or reliance on, or publication, communication or distribution of anything on or from the Service or through any of its services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL STUDIO QI , INCLUDING ITS AFFILIATES AND THEIR LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER STUDIO QI HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF THE SERVICE, (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE SERVICE.
You expressly acknowledge that Studio Qi has entered into this agreement, and has and will make the Service available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Studio Qi. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
The Service is controlled, operated and administered by Studio Qi from its offices within Canada. Studio Qi makes no representation or warranty that the Service is appropriate or available for use at any locations outside Canada. If you access the Service from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through the Service in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Quebec, Canada, without reference to its conflict of laws principles. Subject to the Arbitration and Actions section below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Quebec and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of the Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Montreal, Québec, in French and governed by Québec law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
You acknowledge and agree that Studio Qi, at its sole and absolute discretion, may, without notice to you, suspend or terminate your Account or your use of, or access to, the Service, and remove and discard any information or content related to the Service (and your use thereof), for any reason, including where Studio Qi believes that you have violated any of these Conditions. You further agree that Studio Qi shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices in operating the Service, your sole and exclusive remedy is to discontinue using the Service and close your account.
Studio Qi wishes to improve the Service and develop new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them - but any submission will be subject to these Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO STUDIO QI BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO STUDIO QI, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO STUDIO QI THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT STUDIO QI IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY STUDIO QI, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between Studio Qi and you pertaining to your use of the Service and supersede any prior agreements between you and Studio Qi with respect to the subject matter hereof. Studio Qi’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein.
Studio Qi is not responsible for non-performance, in whole or in part, of any one of its obligations pursuant hereto that results from a case of force majeure or Act of God, including but not limiting the generality of the foregoing, any war, disaster, riot, strike, lock-out, embargo, delay of transport, legal proceeding, law, regulation or order by any government, any other similar event, any other state of emergency or cause that could be reasonably considered beyond the control of Studio Qi.
Please consult the Help page to find the various ways of reaching us.