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Privacy Policy
Skating Dynamics Privacy Policy Statement
Your privacy on the Skating Dynamics web site and all affiliated web
sites is important to us. As part of the operation of our site and all affiliated
sites, we gather certain types of information. This information includes
personal information (such as your name, e-mail address, phone number and
mailing address), financial information (such as your credit card numbers)
and aggregated information (such as usage patterns).
No personal information will be shared with any source other than those
sources required to process your program application (s) or other purchases
on the site except when Skating Dynamics believes in good faith that disclosure
is legally required, to protect our rights or the safety of others. No financial
information will be shared with any source other than those sources required
to process your program application (s) or other purchases on the site except
when Skating Dynamics believes in good faith that disclosure is legally
required, to protect our rights or the safety of others. All personal and
credit card information required to process a purchase on the site is encrypted
and stored in a secure database. Skating Dynamics does not share, sell or
provide to any third party any personal or financial information except
as noted above. Aggregated information that does not contain any personal
identify or financial information may be shared and/or utilized for site
advertisements as well as a means by which Skating Dynamics can identify
which pages are visited and how often they are visited.
Skating Dynamics ensures your privacy on our site through the utilization
of industry standard protective software, encrypted information and the
utilization of secured databases. Despite these precautions, there exists
the possibility of an unauthorized event where your information may become
public. In the event of any unauthorized use of your personal or financial
information, please contact Skating Dynamics and your credit card or financial
services provider to report the breach in security per their reporting requirements.
Mailing Lists, Email Lists and other forms of Communication
Skating Dynamics Inc. along with any current or past employees does not
share, sell or redistribute any forms of communication. All such lists
remain confidential and are used exclusively by Skating Dynamics Inc. for
the purpose of promoting upcoming instructional programs, information and
products as generated by Skating Dynamics Inc.
Children and Privacy
Skating Dynamics encourages parents and guardians to spend time with
their children online and to be fully familiar with the sites visited by
their children. Children (those users under the age of 18) should not provide
any personal or financial information on the site unless they are under
the personal supervision of their parent or guardian. When personal or financial
information is requested on the site, it is assumed that the information
is being provided by the parent or guardian or with the consent of the parent
or guardian. Skating Dynamics, when requesting personal or financial information
relies on the user's truthfulness when requesting this information.
Message Boards and Chats
Please remember that information posted to message boards and chat areas
becomes public information. Use caution when posting. Users should be especially
careful not to provide any personal or financial information that would
allow others to easily identify the user or obtain either personal or financial
information. As set forth in Skating Dynamics' Usage Agreement, users of
message boards or chat areas must follow standards of behavior when posting
messages on line.
Links to Other Sites
Skating Dynamics may contain links or advertisements that will transport
the user to sites other than skatingdynamics.com. These sites may not follow
the same privacy policy standards and practices as does skatingdynamics.com.
The user is advised to review the privacy policy of each site visited prior
to divulging any personal or financial information.
Use of This Site Signifies Your Agreement to the Site Usage Agreement
Skating Dynamics and skatingdynamics.com reserves the right to change
this policy at any time by posting a revised privacy policy online. Please
forward any questions via e-mail to skatingdynamics.com.
USAGE AGREEMENT
This Agreement sets forth the terms and conditions which apply to your
use of the Skating Dynamics.com web site (the "Service") which is offered
to you by Skating Dynamics Inc. BY USING THIS SITE, YOU AGREE TO THE TERMS
OF THIS USAGE AGREEMENT JUST AS IF YOU HAD SIGNED THE USAGE AGREEMENT. If
you do not agree to be bound by this Agreement, please discontinue your
use of the Service.
Restriction on Use
By using this Service, you agree that you are over the age of 17, or,
if you are 17 or under, you have obtained the consent of your parent to
use the Service. This Service is owned and operated by Skating Dynamics
Inc. and contains material which is derived in whole or in part from material
supplied and owned by Skating Dynamics Inc. and other sources and is protected
by copyright, trademark and other applicable laws. You may not modify, copy,
reproduce, republish, upload, post, transmit, publicly display, prepare
derivative works based on, or distribute in any way any material from this
Service including code and software ("Material"). You may download Material
from this Service for your personal, non-commercial use only, provided you
keep intact all copyright and other proprietary notices. In the event that
you download Material from the Service, such Material is licensed to you
by Skating Dynamics Inc. or its licensors and neither Skating Dynamics Inc.
nor their licensors, transfer title to any such Material to you.
Message Board and Chat Services
A. General - The Skating Dynamics.com message
boards (the "Message Boards") and chat areas (collectively with the Message
Boards, "Community Areas") are currently provided as free services. Skating
Dynamics Inc. reserves the right to change the nature of this relationship
at any time. Violation of the terms of this Agreement may result in the
termination of your right to use the Community Areas.
B. Rules - It is a condition of your use
of the Community Areas and this Service that you do not: (a.) restrict or
inhibit any other user from using and enjoying the Community Areas; (b.)
post or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane or indecent information of any kind,
including without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offense, give rise to civil liability
or otherwise violate any local, state, national or international law; (c.)
post or transmit comments containing harassing or offensive language, including
sexual references, sexual nicknames, racial slurs or rude or deliberately
offensive comments or engage in disruptive activities online, including
excessive use of scripts, sound waves, scrolling (repeating the same message
over and over), or use viruses, bots, worms or Trojan horses; (d.) post
or transmit any information, software or other material which violates or
infringes the rights of others, including material which is an invasion
of privacy or publicity rights or which is protected by copyright, trademark
or other proprietary right, or derivative works with respect thereto, without
first obtaining permission from the owner or right holder; (e.) post or
transmit any information, software or other material which contains a virus
or other harmful component; (f.) post, transmit or in any way exploit any
information, software or other material for commercial purposes or which
contains advertising; (g.) solicit other users to join, become members of,
or contribute money to any online service or other organization, advocate
or attempt to get users to join in legal or illegal schemes or plan or participate
in illegal schemes involving other users; (h.) impersonate any person or
entity or falsely state or otherwise misrepresent your professional or other
affiliation with any person or entity; (i.) resell, redistribute, broadcast
or transfer the information or use the information in a searchable, machine-readable
database; or (j.) use the Service to collect personally identifying information
about users of the Service in violation of our Privacy Policy. You agree
that you will not use the Service, including the information provided therein
and all related equipment, networks and network devices (specifically including
Internet access) for any unlawful purpose. Skating Dynamics Inc., at its
sole and absolute discretion, shall determine whether any information transmitted
or received violates this provision.
C. Monitoring - You understand that Skating
Dynamics Inc. has no obligation to monitor the Community Areas. However,
Skating Dynamics Inc. reserves the right at all times to disclose any information
as necessary to satisfy any law, regulation or governmental request, or
to refuse to post or to remove any information or materials, in whole or
in part, that in Skating Dynamics Inc.'s sole and absolute discretion are
objectionable or in violation of this Agreement. You acknowledge that Skating
Dynamics Inc. reserves the right to, and may from time to time, monitor
any and all information transmitted or received through the Service, for
operational and other purposes. During monitoring, information may be examined,
recorded, copied, and used for authorized purposes in accordance with our
Privacy Policy. Use of the Service constitutes consent to such monitoring.
D. License - Except as set forth in the Privacy
Policy, by posting messages, uploading files, inputting data, or engaging
in any other form of communication through the Community Areas or through
e-mail to Skating Dynamics Inc. or Skating Dynamics.com (a "Communication"),
you are granting Skating Dynamics a royalty free, irrevocable, perpetual,
non-exclusive, unrestricted, worldwide license to (1.) use, copy, sublicense,
adapt, transmit, publicly perform or display any such Communication, and
(2.) sublicense to third parties the unrestricted right to exercise any
of the foregoing rights granted with respect to such Communication. No Communication
shall be subject to any obligation of confidence on the part of Skating
Dynamics Inc. The foregoing grants shall include the right to exploit any
proprietary rights in such Communication, including but not limited to rights
under copyright, trademark, servicemark, or patent laws in any relevant
jurisdiction.
E. Content - Communications posted in the
Community Areas are provided by users such as yourself who are unaffiliated
with Skating Dynamics Inc. and the user providing each such Communication
is solely responsible for the content thereof. In using the Community Areas,
you should not assume that such messages have been reviewed by Skating Dynamics
Inc., that such Communications contain correct information, or that the
persons posting such Communications have accurately identified themselves
and/or their affiliation with any third party.
F. Personal Safety - When using the Service,
please be certain that anything you say does not compromise your personal
safety. Do not provide your name, phone number or any other personally identifying
information to people you do not know. Do not continue any conversation
online that makes you feel uncomfortable.
Submissions
Skating Dynamics Inc. is pleased to hear from users and welcomes your
comments regarding Skating Dynamics Inc.'s programs and services, including
Skating Dynamics.com. Unfortunately, Skating Dynamics Inc.'s company policy
does not allow it to accept or to consider creative ideas, suggestions,
or materials other than those it has specifically requested. We hope that
you will understand that the intent of this policy is to avoid the possibility
of future misunderstandings when projects developed by Skating Dynamic Inc.'s
employees and agents might seem to be similar to creative works submitted
by users. Accordingly, while we value your feedback on our programs and
services, we must ask that you do not send original creative materials such
as stories, ideas for programs, program segments or products. If, at our
request, you send certain comments, ideas, notes or concepts or other materials,
they shall be deemed and shall remain, the property of Skating Dynamics
Inc. and shall otherwise be subject to the provisions of Section D., License,
noted above.
Disclaimer of Warranties
Skating Dynamics Inc. will provide links, pointers and internet sites
maintained by third parties ("Third Party Sites") and will from time to
time provide third party materials on this service. Skating Dynamics Inc.
does not operate or control in any respect any information, products or
services on these Third Party Sites. The materials in this Service and the
Third Party Sites are provided "as is" and without warranties of any kind,
either express or implied. To the fullest extent permissible pursuant to
applicable law, Skating Dynamics Inc. disclaims all warranties, express
or implied, including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose and non-infringement. Skating Dynamics
Inc. does not warrant that the functions contained in the materials and
products will be uninterrupted or error-free, that defects will be corrected,
or that this Service, including the Community Areas, or the Server that
makes them available, are free of viruses or other harmful components. Skating
Dynamics Inc. does not warrant or make any representations regarding the
use or the results of the use of the materials in this Service or in Third
Party Sites in terms of their correctness, accuracy, timeliness, reliability
or otherwise. You assume all risk of errors and/or omissions in the Service,
including the transmission or translation of information. You assume full
responsibility for implementing sufficient procedures and checks to satisfy
your requirements for the accuracy and suitability of the Service, including
the information, and any means that you may require for the reconstruction
of lost data or subsequent manipulations or analysis of the information
provided hereunder. You (and not Skating Dynamics Inc.) assume the entire
cost of all necessary maintenance, repair or correction.
Limitation of Liability
In no event shall Skating Dynamics Inc. or its suppliers be liable for
any direct, indirect, punitive, incidental, special, consequential or other
damages arising out of or in any way connected with the use of this Service
or with the delay or inability to use this Service, or for any information,
software, products and services obtained through this service, or otherwise
arising out of the use of this Service, whether based on contract, tort,
strict liability or otherwise, even if Skating Dynamics Inc. or any of its
suppliers has been advised of the possibility of damages. You specifically
acknowledge and agree that Skating Dynamics Inc., Skating Dynamics.com or
its suppliers shall not be liable for any defamatory, offensive or illegal
conduct of any user of this Service. Some states do not allow limitations
on how long an implied warranty lasts, so the above limitation may not apply
to you. Some states do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitation or exclusion may not apply
to you. This warranty gives you specific legal rights and you may also have
other rights, which vary from state to state.
Indemnification
You agree to defend, indemnify and hold harmless Skating Dynamics Inc.,
Skating Dynamics.com and their respective directors, officers, employees
and agents from and against any and all claims, actions, suits or proceedings,
as well as any and all losses, liabilities, damages, costs and expenses
(including reasonable attorney fees) arising out of or accruing from (a.)
any material posted or otherwise provided by you that infringes any copyright,
trademark, trade secret, trade dress, patent or other intellectual property
right of any person or defames any person or violates their rights of publicity
or privacy, (b.) any misrepresentation made by you in connection with your
use of the Service; (c.) any non-compliance by you with the terms and conditions
of this Agreement; and (d.) claims brought by persons or entities other
than the parties to this Usage Agreement arising from or related to your
access and use of the Service, including the information obtained through
the Service.
Termination
This Agreement and the license rights granted hereunder shall remain
in full force and effect unless terminated, suspended, or canceled for any
of the following reasons: (a.) upon thirty (30) days written notice by any
party of its intent to terminate this Agreement; (b.) immediately by Skating
Dynamics Inc. or Skating Dynamics.com for any unauthorized access or use
by you, including, without limitation (1.) concurrent access of the Service
with identical user identification numbers, (2.) permitting another person
or entity to use your user identification number to access the Service,
or (3.) any other access or use of the Service except as expressly provided
in this Agreement; or (c.) immediately, if you violate the terms and conditions
of this Agreement or the rules and regulations relating to the use of, or
tamper with or alter any of the software and/or data files contained in,
or accessed through, the Service. Termination, suspension, or cancellation
of this Agreement or your access rights shall not affect any right or relief
to which Skating Dynamics Inc. may be entitled, at law or in equity. Upon
termination of this Agreement, all rights granted to you will terminate
and revert to Skating Dynamics Inc. and its licensors.
Trademarks
Skating Dynamics, Skating Dynamics Inc., SkatingDynamics.com,
RinkDirectory.com, Fudgie Puck, Rink Bar with Nuts, Rink Bar, Sticky
Tape Taffy, Top Shelf Peanut Butter Bar, hockeyfundraising.net,
hockeycandy.com are registered
trademarks and domains of Skating Dynamics Inc. and all trademarks, service marks, graphics
and trade names used on the Service are the property of Skating Dynamics
Inc. or their respective owners and may not be copied, downloaded or otherwise
exploited without the permission of Skating Dynamics Inc. or the owner of
such trademark, servicemark or trade name.
Minors
If you have agreed to allow your minor child, or a child for whom you
are legal guardian (a "Minor"), to register as a member of the Service,
you agree that you shall be solely responsible for: (a.) the online conduct
of such Minor; (b.) monitoring such Minor's access to and use of the Service
and (c.) the consequences of any use of the Service by such Minor.
Child on Line Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, Skating Dynamics Inc.
hereby notifies you that parental control protections (such as computer
hardware, software, or filtering services) are commercially available that
may assist you in limiting access to material that is harmful to minors.
Information identifying current providers of such protections is available
at the Electronic Frontier Foundation website, http://www.eff.org/pub/Censorship/Ratings_filters_labelling/,
and at the America Links Up website, http://www.netparents.org/parentstips/browsers.html.
Infringement Policy
Skating Dynamics Inc., pursuant to 17 U.S.C. Section 512 as amended by
Title II of the Digital Millennium Copyright Act ("The Act"), reserves the
right, but not the obligation, to terminate your license to use the Service
if it determines in its sole and absolute discretion that you are involved
in infringing activity, including alleged acts of first-time or repeat infringement,
regardless of whether the material or activity is ultimately determined
to be infringing. Skating Dynamics Inc. accommodates and does not interfere
with standard technical measures used by copyright owners to protect their
materials. In addition, pursuant to 17 U.S.C. Section 512 (c.), Skating
Dynamics Inc. has implemented procedures for receiving written notification
of claimed infringements and for processing such claims in accordance with
the Act. Our designated agent to receive notification of claimed infringement
is:
William I. McDonald
115 S. Lakeshore Blvd.
Marquette, MI 49855
(906) 226-6537
In addition, any written notice regarding any defamatory or infringing
activity, whether of a copyright, patent, trademark or other proprietary
right, should be sent to our designated agent, listed above, and must include
the following information:
A. A physical or electronic signature of a person authorized to act on
behalf of (1.) the owner of an exclusive right that is allegedly infringed
or (2.) the person defamed.
B. 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.
Similarly for other types of infringing materials, a list of such materials.
C. Identification of the material that is claimed to be infringing, to be
the subject of infringing activity, or that is claimed to be defamatory
and that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as
your address, telephone number, and/or electronic mail address.
E. A statement that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright or other
proprietary right owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed or on behalf of
the person defamed.
Modification
Skating Dynamics Inc. reserves the right to amend this Agreement, and
to modify, add or discontinue any aspect, content, or feature of the Service.
Such amendments, modifications, additions or deletions shall become effective
upon notice thereof, which may be provided to you by posting on the Service,
via e-mail or any other reasonable means. Continued use of the Service by
you shall be deemed to indicate your acceptance of any such amendments,
modifications, additions or deletions.
Jurisdiction
Unless otherwise specified, the materials on this Service are presented
solely to provide information regarding and to promote Skating Dynamics
Inc. and products available in the United States, its territories, possessions
and protectorates. This Service is controlled and operated by Skating Dynamics
Inc. from its offices in Marquette, Michigan and by certain third party
providers from their offices within the United States of America. Neither
Skating Dynamics Inc. nor any third party service provider makes any representation
that materials on this Service are appropriate or available for use outside
the United States except where noted. Those who choose to access this Service
from outside the United States do so on their own initiative and are responsible
for compliance with local laws, if and to the extent that local laws are
applicable. Software from this Service is further subject to United States
export controls. No software from this Service may be downloaded or otherwise
exported or re-exported (A) into (or to a national or resident of) Cuba,
Iraq, Libya, North Korea, Iran, Syria, or any other country to which the
U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department
list of Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. By using the Service, you represent and warrant that
you are not located in, under the control of, or a national or resident
of any such country or on any such list.
Miscellaneous
This Agreement shall be governed by and construed in
accordance with the laws of the State of Michigan without giving effect
to any principles of conflicts of law. You may not assign any of your rights,
obligations or privileges hereunder without the prior written consent of
Skating Dynamics Inc. Any assignment other than as provided for in this
Section shall be null and void, ab initio. If any provision of this agreement
shall be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from this agreement and shall not affect the validity
and enforceability of any remaining provisions. This Agreement and any posted
operating rules constitute the entire agreement of the parties with respect
to the subject matter hereof, and supersede all prior or contemporaneous
communications and proposals, whether oral or written, between the parties
with respect to such subject matter. No waiver by either party of any breach
or default hereunder shall be deemed a waiver of any subsequent breach or
default. The titles and subtitles used in this Agreement are used for convenience
only and are not to be considered in construing or interpreting this Agreement.
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