Terms of Use

PLEASE SCROLL DOWN AND READ THE TERMS OF USE & PRIVACY POLICY CAREFULLY BEFORE ACCESSING THIS WEBSITE.

PuckPedia Terms of Use 

Welcome to PuckPedia (the “Website”). PuckPedia is an informational website owned and operated by PuckPedia, LLC, a California limited liability company with offices at 12100 Wilshire Blvd,  Suite 1020, Los Angeles, CA 90025 (along with any parent, subsidiaries, or divisions, collectively "PuckPedia, "us" or "we"). These Terms of Use (this "Agreement" or "Terms") are an agreement between you ("you") and PuckPedia and set forth the legally binding terms of your use of this website and other platforms and interactive properties, including but not limited to websites and mobile applications (collective, the "PuckPedia Websites"), and any information, content, materials and/or data provided or given access by PuckPedia to you in either print or digital formats ("Content"), whether not log-in, registration and/or subscription fee is required to access the PuckPedia Website or Content. By ascessing or using the Website or using the Content, you signify your assent to these Terms. If you do not agree to these Terms, please do not access or use the PuckPedia Website or Content. 

Registration data and certain other demographic information about you are subject to PuckPedia's Privacy Policy. For more information, see PuckPedia's Privacy Policy which is incorporated in full herein by reference.

Updates: PuckPedia reserves the right to change, modify, add or remove portions of these Terms at anytime. Please check these terms and conditions periodically for changes. Your continued use of the Website following the posting of such changes to these terms will mean you accept those changes.

By accessing the PuckPedia website, you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications we provide provide to you electronically satisfy any legal requirements that such communications in writing.

I.          INTELLECTUAL PROPERTY                                                                                                   

The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the Website Content) and all intellectual property rights to the same are owned or jointly owned by PuckPedia, LLC, and/or our licensors or our suppliers. Additionally, all brands and trademarks, service marks, trade names and trade dress that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website or any Website Content. All PuckPedia brands and trademarks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are subject to the intellectual property rights of PuckPedia and neither they nor any confusingly similar versions may be used by you including, but not limited to as part of any trademarks and/or domain names without our prior written consent.

Any rights not expressly granted in these Terms of Use are expressly reserved.


II.        WEBSITE ACCESS AND CONTENT USE                                                                                    

A.        Access to the Website including, without limitation, the Website Content is provided for your information and personal, non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly    display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. In certain instances, we may permit you to download or print Website Content or both. In such a case, you may download or print (as applicable) one copy of Website Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.

 B.        Except as expressly permitted in these Terms of Use, you may not:

             1.         Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;

             2.         Circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the, use of the Website or Website Content;

             3.         Use an automatic device (such as a robot or spider) or manual process to copy or scrape the Website or Website Content for any purpose without the express written permission of PuckPedia, LLC. Notwithstanding the foregoing, PuckPedia, LLC grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;

             4.         Collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;

             5.         Solicit other users to join or become members of any commercial online service or other organization without our prior written approval;

             6.         Attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;

            7.         Decompile, reverse engineer, or disassemble any portion of any the Website;

            8.         Use network-monitoring software to determine architecture of or extract usage data from the Website;

            9.         Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership without permission, etc.);

            10.       Violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or

            11.       Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.

            12.       Attempt to gain unauthorized access to any PuckPedia Website Content, other accounts, computer systems or networks connected to any PuckPedia server or to any of the PuckPedia Applications, through hacking, cracking, distribution of counterfeit software, password mining or any other means. 

            13.      You may not reverse engineer, decompile or disassemble any software accessed through PuckPedia Applications, including any proprietary communications protocol used by 

In using this Website, you agree to cooperate fully with PuckPedia, LLC to investigate any suspected or actual activity that is in breach of these Terms of Use.


III.       CONDITIONS FOR LINKING TO WEBSITE                                                                          

Upon your acceptance of these Terms of Use as evidenced by your use of the Website, we hereby grant you a non-exclusive, limited license, revocable at our discretion, for you to link to the Website home page from any site you own or control that is not commercially competitive with the Website and does not criticize or otherwise injure the Website, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.


IV.       USER REGISTRATION                                                                                                               

A.        In order to access or use some features of our Website, you may have to register as a user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information to this Website.

B.        If you decide to become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a Membership), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at info@puckpedia.com of any breach of security or unauthorized use of your Membership.


V.        USER SUBMISSIONS & CONDUCT

A.      Public Forums  We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.

B.        You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.

C.        You expressly represent, warrant, and covenant that you will not submit any User Content that:

            1.         Violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right of any person or entity;

             2.         Impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable;

            3.         Encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;

            4.         Is an advertisement for goods or services or a solicitation of funds;

            5.         Includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;

            6.         Contains a formula, instruction, or advice that could cause harm or injury;

            7.     May interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data;

            8.         Is a chain letter of any kind; 

            9.         Licensed use by us hereunder would result in PuckPedia having any obligation or liability to any party;

           10.        Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; or

           11.        Use, develop or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.

ANY CONDUCT BY A USER THAT RESTRICTS OR INHIBITS ANY OTHER USER FROM USING OR ENJOYING THIS WEBSITE OR OTHERWISE VIOLATES THESE TERMS OF USE WILL NOT BE PERMITTED. 

D.        By submitting User Content  or uploading materials to any Forum ("Posts"), you automatically grant with such posting (or warrant that the owner has expressly granted) PuckPedia a worldwide, royalty-free, fully-free, perpetual, irrevocable, non-exclusive, fully licensable and sub-licensable, and transferable right and license to use, record, sell, lease, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, publish and otherwise exploit the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, record, sell, lease, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, publish and otherwise exploit your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms of Use. The granted rights include the right to configure, host, index, cache, digitize, compress, optimize, modify, edit, adapt, and remove such content and combine same with other materials. Furthermore, we are free to use any ideas, concepts, know-how or techniques contained in any User Content you submit without any remuneration or obligation to you.

E.        By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content in connection with any use of your Posts. 

F.         We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the Websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).

G.        We have the right, but not the obligation, to monitor User Content. Please exercise caution and common sense when viewing User Content. We have no obligation to post, maintain or otherwise make use of User Content and do not guarantee distribution of User Content. We may discontinue operation of the Website, or your use of the Website, in either case in whole or in part, in our sole discretion. You have no right to maintain or access your User Content on the Website and we have no obligation to return your User Content or otherwise make it available to you.

H.        PuckPedia may be considering, contemplating or developing the same or a similar idea (and/or related products, services, concepts, systems or techniques) to one or more ideas (and/or products, services, concepts, systems and/or techniques) reflected in your Posts submitted on the PuckPedia Applications, whether before, at the time of or following your submission. Without limiting the foregoing license in any respect, you hereby waive any and all claims you may have had, may have currently, and/or may have in the future, that any ideas or materials accepted, reviewed and/or used by PuckPedia and its designees (and/or any related products, services, concepts, systems and/or techniques) in any way (i) may be similar to or unlawfully or otherwise improperly compete with your Posts or any of the Content thereof or (ii) violate any obligation of PuckPedia to you or any other person or entity that in any way is alleged to arise from or relate to your Posts or any of the Content thereof.

The rights properly granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If you become aware that you lack any right in User Content which you have posted or submitted to the Site, you will automatically grant us the irrevocable, unrestricted right to the material, without obligation or liability to either party. Upon discovery of this information, you agree to immediately provide us with detailed written notice thereof, addressed to: PuckPedia, LLC, Atten: Legal Team at  11601 Wilshire Blvd., Suite 515, Los Angeles, CA 90025 and takedownnotice@puckpedia.com.

I.          DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

Materials may be made available via the PuckPedia Websites by third parties not within PuckPedia's control. We are under no obligation to, and does not, scan content used in connection with the PuckPedia Website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by PuckPedia to infringe another party’s copyright to remain on the PuckPedia Website. If you believe any materials on an PuckPedia Website infringe a copyright, you should provide us with written notice that at a minimum contains:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PuckPedia to locate the material;
  • information reasonably sufficient to permit PuckPedia to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to PuckPedia's designated agent as follows:

PuckPedia, LLC
Attn: Associate General Counsel

11601 Wilshire Blvd, Suite 515, Los Angeles, CA 90025 

Telephone: 818-903-9152
Email: cplevinelaw@gmail.com, or info@puckpedia.com

It is PuckPedia's policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

VI.       WEBSITE CONTENT & THIRD-PARTY LINKS

A.        We provide the Website including, without limitation Website Content for entertainment, educational and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.

B.        In some instances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, or warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.

C.        The Website may contain links to other Websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party Websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party Websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their Website.

VII.     INDEMNIFICATION                                                                                                                    

You agree to indemnify and hold harmless PuckPedia, LLC, and its employees, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Website; (ii) User Content provided by you or through your use of public forums; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

VIII.    DISCLAIMERS                                                                                                                  

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  PUCKPEDIA, LLC DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.

IX.       LIMITATION ON LIABILITY  

A.        UNDER NO CIRCUMSTANCES SHALL PUCKPEDIA, LLC, OR ANY OF ITS EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT ITSELF, IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS   RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PUCKPEDIA BRAND, THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN       CONNECTION WITH THE WEBSITE, INCLUDING BY INFORMATION THAT MAY BE AVAILABLE THROUGH OUR SPONSORS, OR ANY LINKS ON THE WEBSITE.   SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY YOU, OR A THIRD-PARTY OR ANY CONDUCT BY YOU OR THAT OF A THIRD-PARTY IN CONNECTION WITH THE WEBSITE.

B.        NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF PUCKPEDIA, LLC AND ITS EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS PUCKPEDIA, LLC HAS RECEIVED FROM YOU DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100.          

C.        In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. However, to the extent that these limitations are permitted, they shall be enforced to the fullest extent permitted by law.

X.        TERMINATION                                                                                                           

A.        We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the Website for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that PuckPedia, LLC shall not be liable to you or any third party for any termination or suspension of your user registration or for blocking your access to the Website.

B.        If you become a registered user, you may terminate your Membership at any time by sending an e-mail to info@puckpedia.com.

C.        Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Website Access or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, and provisions related to choice of law.

XI.       CHOICE OF LAW                                                                                                        

These Terms of Use shall be construed in accordance with the laws of the State of California without regard to its conflict of laws rules.


XII.     AMENDMENT; ADDITIONAL TERMS                                                                                   

A.        We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or Additional Terms that may govern your use of the Website generally, unique parts of the Website, or both (Additional Terms). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

B.        Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and the Website from time to time for any changes or Additional Terms. Your access and use of any the Website following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, you may terminate your Membership as provided in Section X herein or, if you do not have a Membership, your only recourse is to immediately discontinue use of the Website.


XIII.    MISCELLANEOUS                                                                                                                       

A.        Any delay or failure on the part of us to exercise or enforce any rights under these Terms of Use to which we may be entitled shall not, in any event, be construed as  a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

B.        These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.

C.        You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect.


 

 

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