To become a registered user (“User”) with access to certain features of the Platform, you will have to create an account with us (“User Account”), which includes a username (“Username”), a password (“Password”), and may include certain additional information that will assist in authenticating your identity when you log-in in the future. When creating your account, you must provide true, accurate, current, and complete information. Each Username and corresponding Password can be used by only one User. You are solely responsible for the confidentiality and use of your Username and Password, as well as for any use, misuse, or communications entered through the Platform using one or more of them. You will promptly inform us of any need to deactivate a Password or Username. We reserve the right to delete or change your Password or Username at any time and for any reason. We will not be liable for any loss or damage caused by any unauthorized use of your account.
xHockeyProducts Development Platform
The xHockeyProducts Development Platform (“Platform”) is an interactive digital community powered with a gamification and training engine which challenges hockey players, fans and enthusiasts to participate in challenges of skill, knowledge, creativity and opinion in order to earn points that can be redeemed for prizes:
- Users participate in our challenges to earn Skill and Community Badges.
- Every time a User successfully completes a challenge they are awarded Points.
- Earning Points allow Users to Level Up.
- Users Level Up to earn Achievements Pucks, which can be redeemed for prizes.
- Users can visit the Prize Store to see what they can win.
- All progress is tracked on the live Leaderboard and Activity Feed.
The Platform provides Users the ability to post, upload, or otherwise transmit content via the Platform, including without limitation videos, photographs, text, or hyperlinks to any such content (“User Content”). You expressly acknowledge and agree that once you submit User Content, it will be accessible by others and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make publicly available.
By making any User Content available through Platform, you grant to Fan-tastic Sports, LLC d/b/a xHockeyProducts a nonexclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) any and all of your User Content without additional compensation to you. Without limiting the foregoing, you acknowledge and agree that uses of your User Content may include their display adjacent to advertising and other material or content, including for profit.
You represent and warrant that you own all of your User Content, or you have all rights that are necessary to grant us the license rights to your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Platform, nor any use of your User Content by Fan-tastic Sports, LLC d/b/a xHockeyProducts, will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Fan-tastic Sports, LLC d/b/a xHockeyProducts may reject any User Content in which we believe, in our sole discretion, is inappropriate or violates these Terms. Fan-tastic Sports, LLC d/b/a xHockeyProducts reserves the right to remove any User Content from the Platform at any time and without notice and for any reason.
Account Termination and Modification
Fan-tastic Sports, LLC d/b/a xHockeyProducts reserves the right to cancel, modify or terminate the Platform at any time with or without cause and without liability to Users.
Intellectual Property, Trademarks, and Copyright
You are granted a non-exclusive, non-transferable, revocable license to access and use the Platform. As a condition of your use of the Platform, you warrant that you will not use the Platform for any purpose that is unlawful or prohibited by these Terms. You may not use the Platform in any manner which could damage, disable, overburden, or impair the Platform or interfere with any other party's use and enjoyment of the Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform.
All content included as part of the Platform, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Platform, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Platform. Our content is not for resale. Your use of the Platform does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use Platform content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any Platform content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors except as expressly authorized by these Terms.
Digital Millennium Copyright Act Policy
Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA).
If you believe that any content on the Platform infringes on the intellectual property of a third party, you may send it to info@xHockeyProducts.com or:
c/o Fan-tastic Sports, LLC d/b/a xHockeyProducts,
17650 Juniper Path ,
Lakeville, MN 55044
To submit a claim, you must identify your full name, mailing address and phone number, a description of the copyrighted work that has been infringed, a description of the content on the Platform that infringes upon the copyright, and a declaration that: (i) you, in good faith, believe the information is infringing on the copyright of a third party, (ii) the information you include in your notice is accurate, and (iii) you are authorized on behalf of the copyright owner to submit the claim. You may not submit a copyright claim on behalf of another individual or organization with which you have no affiliation.
Links to Other Websites and Connecting through Social Media
The Platform may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. Inclusion of any linked website on the Platform does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the Platform to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
You agree to indemnify, defend and hold harmless Fan-tastic Sports, LLC d/b/a xHockeyProducts, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Platform, any claim that your content violates the intellectual property rights of a third party, your violation of these Terms or your violation of any rights of a third party or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
Visiting the Site, using the Platform, or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us follow the “unsubscribe” link on the email to change your user preferences. There are certain Platform-generated and legal notices that you cannot opt out of without deactivating your account.
Warranty and Limitation of Liability
FAN-TASTIC SPORTS, LLC D/B/A XHOCKEYPRODUCTS AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PLATFORM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
FAN-TASTIC SPORTS, LLC D/B/A XHOCKEYPRODUCTS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE PLATFORM AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Governing Law, Venue and Jurisdiction
If you have any questions about these Terms or the Platform, please contact Fan-tastic Sports, LLC d/b/a xHockeyProducts at info@xHockeyProducts.com or:
Fan-tastic Sports, LLC d/b/a xHockeyProducts
17650 Juniper Path ,
Lakeville, MN 55044