Society for International Hockey Research Terms of Service

Effective: March 1, 2021

Terms of Service

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Welcome to the website of the Society for International Hockey Research, accessible via the domain names sihr.ca, sihrhockey.org and sihrhockey.com, and herinafter referred to as "Website".

Please read on to learn the rules and restrictions that govern your use of our Website(s), products and services. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@sihr.ca.

Society for International Hockey Research ("SIHR," "we" and "us") is a not-for-profit company, registered in the province of Ontario in Canada.

These Terms of Service (the "Terms") are a binding contract between you and us. You must agree to and accept all of the Terms, or you don't have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.

Will these Terms or the Services ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Website, by sending you an email, and/or by some other means.

If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. However, we will not, unless you agree, make any changes in respect of any Services you have already paid for that would significantly reduce the type or level of service you receive (except if we need to do so for security, legal or regulatory reasons) and/or increase the charges you are obliged to pay.

We will always give you as much notice as we reasonably can of such significant changes, including notice of when the changes go into effect, on the understanding that you have the option of accepting them or cancelling your membership (as defined below) without penalty, in which case, you should notify us that you wish to cancel your membership through your account page or by contacting us at support@sihr.ca. If you do not cancel your Subscription before the date on which the changes come into effect (which we will notify to you), this will mean that you have accepted them.

We may, from time to time, with or without prior notice, temporarily suspend the operation of any Service (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality. Similarly, we reserve the right to remove any Content (as defined below) from the Services at any time, for any reason in our sole discretion, and without notice.

The basics of using the SIHR Website

You can sign up for an account, and select a password and user name ("SIHR User ID", usually in the form of an email address). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your SIHR User ID a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

In order to sign up for an account, you must be of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you're agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law.

You must not share your account or password with anyone, and you must protect the security of your account and your password. You're responsible for any activity associated with your account.

Your use of the Services is subject to the following additional restrictions:

You agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

  1. infringes or violates the intellectual property rights or any other rights of anyone else (including the SIHR);
  2. violates any law or regulation, including any applicable export control laws;
  3. is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  4. jeopardizes the security of your account with the SIHR or anyone else's (such as allowing someone else to log in to the Services as you);
  5. attempts, in any manner, to obtain the password, account, or other security information from any other user;
  6. violates the security of any computer network, or cracks any passwords or security encryption codes;
  7. runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
  8. "crawls," "scrapes," "whacks," or "spiders" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  9. copies or stores any significant portion of the Content;
  10. decompiles, reverse engineers, or otherwise attempts to obtain the source code, data model or underlying ideas or information of or relating to the Services;
  11. bypasses the measures we may use to prevent or restrict access to the Services or Content, including without limitation features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content; or
  12. Monetizes the Content through advertising, subscriptions or other means.

A violation of any of the foregoing is grounds for our termination of your right to use or access the Services.

What are my rights regarding the SIHR website?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below), and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including the SIHR) rights.

You acknowledge that the SIHR and its licensors own the Services. You must not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, post on other websites any copies of or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn't mean that all the restrictions above don't apply – they still do.

What are my rights regarding the SIHR website?

Do I have to grant any licenses to the SIHR or to other users?

Anything you post, upload, share, store, or otherwise provide through the Services is your "User Submission." Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personal data.

You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide.

For all User Submissions, you hereby grant the SIHR a license to translate, modify (for technical purposes, for example making sure your content is viewable on a mobile device as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.

Finally, you acknowledge and agree that the SIHR, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

What if I see something on the Services that infringes my copyright?

We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.

Who is responsible for what I see and do on the Services?

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and subject to the Our Liability section below, we aren't liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. If the Services provide professional information (for example, financial, legal or medical), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

The Services may contain links or connections to third party websites or services that are not owned or controlled by the SIHR. When you access third party websites or use third party services, you accept that there are risks in doing so, and that the SIHR is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

The SIHR has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, the SIHR will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you acknowledge that we are not responsible for your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that the SIHR shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that the SIHR is under no obligation to become involved.

Membership Subscription

Membership. Certain portions of the Services may require you to sign up for a membership in order to access them ("Membership"). Memberships may be purchased by clicking on the service or membership term you wish to subscribe to and then following the prompts that will appear on-screen. You may check and correct any input errors in your purchase up until the point at which you submit your purchase request to us by completing and submitting the form on the subscription page.

You acknowledge that by clicking on the "Subscribe" or "Join" buttons you enter into an obligation to pay for the Subscription and a contract will be formed between you and us in relation to the Subscription ordered.

When you sign up for a Subscription, you will be charged a subscription fee, based on the type of Subscription you select and the length of your Subscription (the "Subscription or Membership Term"). The subscription fee for the Services ("Subscription or Membership Fee") will be charged to you in advance as further described below.

We may add new services for additional fees and charges, or amend fees and charges for existing services, at any time, but we will notify you and you will be entitled to cancel your Subscription without penalty before any such change comes into effect.

Cancellation; No Refunds. You acknowledge that we start provision of the Subscription digital content immediately following acceptance of your order (which, by placing your order, you request us to do) and that you will have no right to change your mind and cancel under the Ontario Consumer Protection Act if we delivered the Subscription digital content to you within 30 days, and you agreed to this when you purchased your Subscription. Subscriptions are typically activated or renewed within 48 hours of electronic payment. Payments by cheque (check) may not be applied for up to 30 days after receipt.

If any service you purchase is defective (in other words, it does not comply with the requirements of these Terms), you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a service is defective, you should inform us as soon as possible, by contacting us at support@sihr.ca, giving your name, address and order reference.

Billing. For electronic payments, we use a third-party payment processor (the "Payment Processor" - currently PayPal) to bill you through a payment account linked to your account on the Services (your "Billing Account") for your Membership/ Subscription Fees. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By signing up for a Subscription, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for such Subscription in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (for example, a credit or debit card you provide) (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

For the time being, the SIHR still accepts cheques (checks) as a form of payment. Any cheques dishonoured for any reason whatsoever (such as non-sufficient funds) are your responsability, and the SIHR reserves the right to suspend your subscription upon notification from our financial institution.

Current Information Required. You must provide current, complete and accurate information for your account. You must notify us if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password. Changes to such information can be made in your account settings.

What if I want to stop using the Services?

You're free to do that at any time. The SIHR is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including if:

  • you have breached any of these Terms;
  • you fail to pay any correctly billed charges when due

The SIHR has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. If you have breached these Terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:

  • issue a warning to you;
  • immediately withdraw your right to use any of the Services (either temporarily or permanently);
  • institute legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or
  • disclose of all relevant information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited, and we may take any other action we deem appropriate.

Upon termination of any Subscription or Service or your account, for any reason (including where, in accordance with these Terms, you cancel or do not renew your Subscription):

  • all rights granted to you under these Terms will immediately cease;
  • you must promptly discontinue all use of the relevant Services;