TopShelf Hockey
Terms of Service
Last Updated: August 06, 2024
These terms of service (these “Terms”) constitute a legally binding agreement between you and 2581414 Alberta Ltd. (“TopShelf Hockey,” “we,” “us” or “our”) governing your use of the TopShelf Hockey website located at thetopshelfhockey.ca (“Site”) and mobile application (“App”) (collectively, the “Services”). By downloading, installing, or using the App and/or accessing or using the Services, you expressly acknowledge that you understand, accept, and agree to be bound by these Terms. Therefore, we ask that you read these Terms carefully before proceeding. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES.
The App
The TopShelf Hockey App is a mobile application for hockey enthusiasts that allows Users (as defined below) to discover and follow hockey leagues and learn more about hockey matches and players around the world. The App allows for engagement among Users by way of joining forum-based chat rooms, sharing posts, and commenting on such posts.
Privacy Policy and Additional Policies
We will collect some of your personal information when you create your User Account, including your name and email address. All personal information collected, used or disclosed while providing the Services is governed by our TopShelf Hockey Privacy Policy located at [INSERT LINK] (“Privacy Policy”). By using the Services, you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.
By participating in forum-based chat rooms, including by sharing posts and/or commenting on posts through the App, you understand that other Users may view your username and any information you provide through the App in such forums, posts, and/or comments. TopShelf Hockey does not guarantee the legality or accuracy of any information provided or posted on the App by a User. You are solely responsible for your use or reliance on any information posted by Users on the App.
In addition, by using the Services, you agree to be bound by any additional policies or rules communicated through the Services, including, without limitation, any policies referred to in the Terms or made available through the Site or the App. You agree to comply with such rules and policies even if they are not identified in these Terms.
User Accounts; Registration Data; Account Security
Each of the Users of the Site and the App shall be collectively referred to herein as “Users”, each a “User.” Users can browse the Site without registering for an account. In order to access the App or view information shared through the App, Users must create a User account (“User Account”). Upon registering a User Account, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the App (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to the App, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the App.
You may not impersonate any other person while using the Services. TopShelf Hockey will not be liable for any loss or damage from your failure to comply with this obligation. You are responsible for all activity related to your User Account.
Eligibility to use the Services
To access the Services, in addition to the other terms and conditions set out herein (i) you must be at least eighteen (18) years of age (or the age of majority in your applicable jurisdiction) and able to form legally binding contracts under applicable law; or (ii) if you are under the age of eighteen (18), you must receive permission from your Parent(s) (as defined below), who must also satisfy the preceding subsection (i). If you are under the age of thirteen (13), you may not use the Services. The Parent(s), may, where authorized or permitted by law, and in accordance with these Terms, permit their child(ren) to use the Services, provided that the Parent(s), consent to and supervise such use. If a Parent consents to their child(ren)’s use of the Services, by providing such consent he/she/they is/are agreeing to be bound by these Terms in respect of their child(ren)’s use of the Services and he/she/they understand that TopShelf Hockey will rely on these Terms in providing the Services to their child(ren). The Parent(s) shall guarantee the compliance, by their child(ren), of the terms and provisions of these Terms and represent(s) and warrant(s) that their child(ren) will not disaffirm these Terms at any time. The Parent(s) shall agree to indemnify and hold TopShelf Hockey and its Released Parties (as defined below) harmless from any and all damages, liabilities, costs or expenses of any kind or nature, including reasonable legal fees, which may arise from the breach by the Parent(s) and/or their child(ren) of any of the provisions of these Terms, including, without limitation, their child(ren)’s attempt to disaffirm or disavow these Terms on the ground of their status as a minor or otherwise.
“Parent(s)” means the individual legal parent or guardian or both legal parents or guardians, who have the sole physical care, custody and control of their child(ren) for which no judgment, order or decree has been made by any Court awarding the custody of their child(ren) to any other person or in any other manner affecting the status of the right of the Parent(s) as legal parent(s) and/or guardian(s) of their child(ren) and that the child(ren) has not been emancipated.
If only one Parent (“Parent”) agrees to these Terms, then such Parent will be deemed to represent and warrant that said Parent has the exclusive authority to act on behalf of their child(ren) and on behalf of the other Parent(s), insofar as all matters related to the Services and these Terms are concerned and will indemnify and hold TopShelf Hockey and its Released Parties harmless from any and all damages, liabilities, costs or expenses of any kind or nature including reasonable legal fees, which may be claimed by the other Parent(s), including, without limitation, any claim in any way related to their child(ren)’s attempt to disaffirm or disavow these Terms on the ground of their status as a minor or otherwise.
The Services are not available to Users who have had their User Account temporarily or permanently deactivated. When using the Services, you may not allow other persons to use your User Account, and you agree that you are the sole authorized user of your User Account.
In addition, to use the Services, you must have continued access to the internet. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply and you are responsible for such rates and fees.
Fees and Payments
The Services are available to Users free of charge. However, TopShelf Hockey reserves the right to implement, at any time, any fees for the Services or for any additional offerings made available through the App, as further specified on the Site or the App. If and when applicable, you are responsible for all taxes applicable to such fees and charges in any applicable jurisdiction. If you don’t agree to any fees implemented by TopShelf Hockey, you must terminate your use of the Services. Your continued use of the Services, shall be deemed as agreement to any fees imposed by TopShelf Hockey for the use of the Services or any additional offerings made available through the App.
By using the App, you acknowledge and agree that, until further notice, our revenue is solely or primarily generated through third-party advertising displayed within the App. These advertisements may be targeted based on your App usage data and other information you share on or through the App. By using the App, you consent to the display of these advertisements from third-party ad networks and the collection of data by such third parties ad networks, as described in our Privacy Policy. Depending on the mobile device you are using, you may be able to indicate if you wish your activity on the App to be tracked or not, to minimize such personalized advertising, but such preference may not affect the volume of ads displayed on the App.
Ownership, Copyright and Trademarks
Content provided by Users is called “User Content”. User Content is the property of its respective owners (e.g. the User that inputted it). User Content on the App may include posted information, images or videos, feedback, communication between Users, and other data uploaded by a User to the Services.
TopShelf Hockey’s only right to use that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 8 of these Terms.
Other than User Content, the Services, the App, the Site and any other software used to create and operate the Services is the property of TopShelf Hockey or its licensors, and is protected by Canadian and international copyright laws, and all rights to Services, such content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners.
Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services.
License to Use the Services, License Restrictions and Restricted Activities
TopShelf Hockey grants to you a revocable, non-exclusive, non-sublicensable license to use the App, Site and Services, access the Services and to view the Content available to you through the Services (“License”).
Other than as expressly permitted in these Terms, the Content and the License are subject to the following restrictions and account terms:
- The Services are for your use only. You may not resell, lease or provide them in any other way to anyone else, except as permitted through the App or Site;
- You may not make or distribute copies of the App or Site;
- You may not alter, merge or translate the App or Site, or decompile, reverse engineer, disassemble, or otherwise reduce the App or Site to a human-perceivable form;
- You may not modify or create derivative works based on the App, Site or the Content;
- You may not use the Services for any App deployment or ultimate production purpose;
- You may not use the App or Services to develop any App having the same or similar primary function as the Services;
- You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Content;
- You may not otherwise use the App, Site, Services or the Content other than for its intended purpose.
- You may not (i) impersonate any person or entity; (ii) stalk, threaten, or otherwise harass any person, or carry any weapons;
- Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your User account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws;
- Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The licenses in this Section are revocable by TopShelf Hockey at any time;
- Your use of the App, Site, Services and Content must not infringe or violate the rights of any other party, breach any contract or legal duty to any other parties or violate any applicable law.
- You may not provide information or act in a manner that is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, hateful or illegal;
- You may not (i) index, scrape, ‘data mine’, survey or in any way reproduce or circumvent the navigational structure or presentation of the Services or the Content; (ii) link directly or indirectly to any other websites, applications or services; and
- You may not transfer or sell your User Account, password and/or identification to any other party.
Your Limited License of Your User Content to TopShelf Hockey
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the App and provide the Services, now and in the future. For example, if you post anything on the App, we need your license to display that User Content on the Services, and we need the right to sublicense that User Content to our other Users so that they can view that User Content.
Therefore, by posting or distributing User Content to or through the Services, you (a) grant TopShelf Hockey and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate and create derivative works from such User Content, in the manner in and for the purposes which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content, or otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms (including the Restrictions described Section 9).
If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Services, as described in this Section.
These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services.
User Content Guidelines, Reviews and Specials Guidelines
The Services may permit Users to upload or input User Content, including ratings and reviews or to comment on posts published on or through the App. User Content submitted to any public area of the Services will be considered non-confidential.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following (“User Content Guidelines”):
- Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, racist, prejudiced, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable in the sole opinion of TopShelf Hockey;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, provincial, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that is intended to advertise the Services of another person;
- Private information of any third party, including without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
- Viruses, corrupted data or other harmful, disruptive or destructive files; or
- Content that is unrelated to the use of the Services.
Reviews posted on the Services must comply with the following (“Review Guidelines”):
- Users who wish to post a review must have a User Account;
- Reviews must be helpful and reasonable and must only accurately describe the true experience that the User (i.e. no hearsay);
- Reviews must be legal and must not infringe the rights of any party;
- Reviews must comply with the User Content Guidelines above;
- Reviews must not be written by or be about minors (under the age of 18);
- Reviews must be written in English or other available languages on the App, as specified by TopShelf Hockey; and
- Reviews may not be of a commercial nature (including the posting of any web addresses, links, HTML or other coding or promotional items).
Reviews on the Site are the sole, subjective opinion of the Users who posted them. TopShelf Hockey does not endorse any of the reviews posted on the Services and reserves the right to review and/or delete a review for any reason, including, but not limited to a contravention of this Section.
If you believe that a review was written in a manner that contravenes these Terms, you may request a removal of such review through the App.
Any use of the Services or portions of the Services in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use the Services.
Security of the Services
To ensure reliability and to protect the User Content, we use high grade hosting services and security technologies that we believe will provide you with a secure and safe environment. For example, all Content and information on the Services is encrypted using SSL certificates.
However, no system is perfectly secure or reliable. The internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use the Services, you accept these risks and the responsibility for choosing to use a technology that cannot guarantee complete security and reliability.
Third Party/Open Source Software
The App may contain and/or may connect to third party software and/or open-source software, which may be subject to third party licenses and require notices and/or additional terms and conditions (“Third Party Licenses”). These Third Party Licenses are made a part of and incorporated into these Terms. By accepting these Terms, you are also accepting the Third Party Licenses, if any. Third Party Licenses may be viewed through the App.
Warranty Disclaimer
THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM TOPSHELF HOCKEY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TOPSHELF HOCKEY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TOPSHELF HOCKEY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SERVICES, THE CONTENT OR ANY PORTION THEREOF. WE RELY ON INFORMATION PROVIDED TO US BY OUR LICENSORS. THEREFORE, WE CANNOT GUARANTEE THE ACCURACY OR ERROR-FREE NATURE OF SUCH INFORMATION. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against TopShelf Hockey, its affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the App, Site, Services, or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of the Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Services. You use the App, Site and Services at your own risk.
Without limitation of the foregoing, neither TopShelf Hockey nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, 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) or otherwise, arising out of or in any way connected with the use of the App, Site, Services, or the Content, including without limitation any damages caused by or resulting from your reliance on the Services or other information obtained from TopShelf Hockey or any other Released Party or accessible via the Services, or that result from mistakes, errors, omissions, interruptions, deletion of User Content or other data, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to TopShelf Hockey, any User, or any other Released Party's records, programs or services.
In no event shall the aggregate liability of TopShelf Hockey, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the App, Site or the Services exceed any amount paid by you for access to the Services during the three months prior to the date of any claim, if any, or C$100, whichever is lower.
You shall defend, indemnify and hold harmless TopShelf Hockey and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Services and from (a) the use of the Services by any person to whom you give access to your account; (b) TopShelf Hockey’s use of your User Content; or (c) your violation of the rights of any third party.
Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms, TopShelf Hockey reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Services or Content; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.
TopShelf Hockey reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and in its sole discretion. If we do so, we will notify you at the e-mail address you provide in your Registration Data, if any, and we will post a notice on the App visible to you the next time you access the Services. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the App, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about the Terms, please email us at the contact address below.
Communications
By creating a User Account, you agree to receive certain communications from TopShelf Hockey. For example, you will receive notifications, our newsletter and other promotional e-mails, if applicable. You can opt-out of non-essential communications. Notices that we give you (other than notice of amendment of these Terms, which is discussed in Section 14 above) may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data, if any. Second, we may post a notice to you in the Notifications area of the Services. Third, we may post the notice elsewhere on the App. When we post notices on the App, we post them in the area of the App suitable to the notice. It is your responsibility to periodically review the App for notices.
Subject to the Privacy Policy, if you send to TopShelf Hockey any information, ideas, inventions, concepts, techniques or know-how (“User Submissions”), for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information, you acknowledge that TopShelf Hockey can use the User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Services or send them to us.
Applicable Law and Venue
The Services are controlled by TopShelf Hockey and operated by it from its offices in Calgary, Alberta. You and TopShelf Hockey both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and TopShelf Hockey explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Services will be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to (a) these Terms; (b) the Services or Content; (c) oral or written statements relating to these Terms or to the Services; or (d) the relationships that result from these Terms or the Services or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Except to the extent restricted by applicable law, if the Claim is not resolved after twenty (20) business days of a person serving notice on the other party that there is a Claim, you and us agree that the Claim will be finally resolved by confidential arbitration before a single arbitrator in accordance with the Arbitration Rules of the ADR Institute of Canada, Inc. The seat of the arbitration will be Alberta or wherever convenient or necessary acting reasonably. There will be no appeals of any kind. The language of the arbitration will be English unless otherwise required by applicable law or agreed to by you and us. Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against TopShelf Hockey related to any Claim and, where applicable, you also agree to opt out of any class proceedings against TopShelf Hockey.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Calgary, Alberta. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Services from locations other than Alberta or Canada, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify TopShelf Hockey and the other Released Parties for your failure to comply with any such laws.
Termination of Agreement
You and TopShelf Hockey may terminate these Terms and your use of the Services at any time. When you terminate these Terms, you must cease using the Services immediately. When your account is terminated, any User Content you have uploaded to the Services may remain on the Services. The license you grant to us in Section 8 therefore survives the termination of this Agreement. In addition, we may retain an archival copy of your User Content after termination, and you therefore hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.
If these Terms expire or terminate for any reason, Sections 6, 7, 8, 12, 13, 14, 16, 17 and 18, and any representation or warranty you make in these Terms, shall also survive indefinitely.
Miscellaneous
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. TopShelf Hockey may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of TopShelf Hockey, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and TopShelf Hockey regarding your use of the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and TopShelf Hockey regarding your use of the Services. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
Special Terms Regarding the Apple App Store
For the purposes of this Section, the term “Apple” refers to Apple Inc. and all entities in which Apple Inc. owns, directly or indirectly, more than 50% of the shares entitled to vote, and the term “Apple App Store” refers to the digital distribution platforms developed and maintained by Apple, including without limitation, the iOS Store.
If you download or access any part of the Services via the Apple App Store you agree to the following:
- This Agreement is between you and TopShelf Hockey only, and not with Apple;
- This Agreement is not intended to provide for usage rules for software that are less restrictive than the Usage Rules set forth for “Licensed Applications” in, or that otherwise conflict with, the App Store terms of service;
- Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services;
- In the event of any failure of the Services to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the Software to you;
- To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services;
- Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) maintenance and support; (iii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation.
- Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service and/or your possession and use of the Software infringe that third-party's intellectual property rights;
- To comply with any applicable third-party terms when using the Services;
- Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary;
- If you download or access any part of the Services via the Apple App Store you hereby represent and warrant that (i) you are not located in a country that is subject to a United States Government embargo, or that has been designated by a United States Government as a ‘terrorist supporting’ country; and (ii) you are not listed on any a United States Government list of prohibited or restricted parties.
- Apple reserves the right to remove the App from the Apple App Store at any time, for any reason, and without explanation.
Questions and Comments
If you have any questions regarding these Terms or your use of the Services, please contact us here:
2581414 Alberta Ltd.
contact@thetopshelfhockey.ca