NYHL LIVE
Terms and Conditions of Use
Last updated: September 23, 2018
  1. Acceptance of Terms and Conditions of Use

The NYHL LIVE website (the “Website”) is operated for the exclusive benefit of the North York Hockey League (“NYHL”).

By using or visiting the Website, or by ordering, purchasing or otherwise utilizing in any way any products, software, data feeds, content and/or services provided to you on, from, or through the Website (collectively, the "Services"), you confirm your agreement (1) to these terms and conditions of use (the "Terms of Use") and (2) to NYHL’s privacy policy for the Website (the “Privacy Policy”), located at https://nyhl.gameonstream.com/pages/privacy_policy and incorporated herein by reference.  If you do not agree to these Terms of Use or to the Privacy Policy, please do not use or visit any other pages of the Website or utilize any of the Services.

NYHL may, in its sole discretion, modify or revise these Terms of Use at any time, and you agree to be bound by such modifications or revisions.  Although NYHL may attempt to notify you when significant changes are made to these Terms of Use, you should periodically review the most up-to-date version, which can be found at https://nyhl.gameonstream.com/pages/terms_of_use.  Nothing in these Terms of Use shall be deemed to confer any rights or benefits to any third party or, unless expressly provided herein, confer upon you any right or benefit in regard to any third party or any third party content or materials.

IF YOU ARE A MINOR: If you have not yet reached the age of majority in the jurisdiction in which you reside, you must not access or use the Website or any of the Services until one of your legal guardians reviews these Terms of Use and the Privacy Policy with you and agrees to these on your behalf. By continuing to access and/or use this Website and/or any Services, you confirm that one of your legal guardians has reviewed these Terms of Use and the Privacy Policy and have agreed to these on your behalf.

  1. The Services

These Terms of Use apply to the offer and use of the Services. The Services include, without limitation, live and on-demand video offerings and other interactive and non-interactive features.  The Services (and any terms and conditions relating thereto) may be updated, deleted or otherwise modified from time to time at the sole discretion of NYHL.    

Use of certain Services may be restricted to users who create an account on the Website and/or procure a subscription to such Services. The creation of an account and the purchase of a subscription is subject to these Terms of Use and any other additional terms and conditions that may be presented in conjunction with the foregoing (“Additional Terms”).

Use of the Services is limited to individuals located in Canada at the time of use of said Services.

IF YOU ARE A MINOR: If you have not yet reached the age of majority in the jurisdiction in which you reside, one of your legal guardians must create an account for you, agree to any Additional Terms on your behalf and conclude any transaction relating thereto and/or for the procurement of a subscription and any other Services.

  1. Content

These Terms of Use also apply to Content available on the Website or through use of the Services.

Access to certain Content may be restricted to users who create an account on the Website and/or procure a subscription for such Content. The creation of an account and the purchase of a subscription is subject to these Terms of Use and any Additional Terms.

You may access Content for your information and personal use solely as intended through the provided functionality of the Services and as permitted under these Terms of Use and any Additional Terms.  You shall not download any Content unless you see a “download” or similar link displayed on the Website or in connection with that particular Content.  Other than as expressly permitted under these Terms of Use and any Additional Terms, you shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any purpose. 

You agree not to circumvent, disable or otherwise interfere with security-related features of the Website and the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein (including, but not limited to, any blackout restrictions).  Breach of this provision will subject your account to immediate termination and NYHL reserves the right to seek damages in connection therewith and, where appropriate, to report such misconduct to law enforcement authorities.

Content” means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, or access through the Website, the Services or otherwise in connection with the Website and technology used by the Website. 

  1. NYHL LIVE Account

In order to access some features of the Services, you will be required to subscribe to those Services by establishing a NYHL LIVE account.  You are prohibited from using any other user's account.  When establishing your account you must provide accurate and complete information.  You are solely responsible for maintaining the confidentiality and security of your user name and password, and for all activity through your account.  You must notify NYHL immediately of any breach of security or unauthorized use of your account or password.  You are responsible for any use or misuse of your account and from any loss or damage caused to NYHL or to any third party. 

Subscription activation and subsequent ability to access subscription and pay-per-view Content may require payment via major credit card and also may be subject to the approval of your credit card carrier and verification of any other information that you submit or that is otherwise obtained by NYHL and its service providers in conjunction with your access and use of the Website (e.g. your IP address). 

If you are required to subscribe to the Services, your subscription, unless otherwise provided,  will be a recurring monthly subscription and may be cancelled or changed by you at any time by logging in to the Website and selecting “My Profile”, where you may cancel or change your account.

If you have subscribed to the Services, your recurring payment will be authorized automatically without notification to you.

  1. General Use of the Services – Permissions and Restrictions

You may only access and use the Services if you comply with the following terms and conditions:

(a)       You access and use the Website and Services solely for lawful purposes and for your personal, non-commercial use.  For greater clarity, you may not use the Website or Services to do (or attempt to do) any of the following or to assist any third party in terms of any of the following: (i) infringe the rights of, restrict or inhibit anyone else's use or enjoyment of the Website and/or Services; (ii) collect, store or distribute any personal information of any other individual, except in accordance with the Privacy Policy; (iii) invade another person's privacy; (iv) "stalk", bully, intimidate or otherwise harass another; (v) cause any harm to any person; (vi) unlawfully use, possess, post, upload, transmit, disseminate or otherwise make available violent, obscene, profane or pornographic material; (vii) post, upload, transmit, disseminate or otherwise make available content that is unlawful, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive or objectionable (as determined by NYHL in its sole discretion); (viii) promote or incite hatred; (ix) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) post, upload, transmit, disseminate or otherwise make available any information or transmissions constituting, assisting or encouraging conduct that would constitute a criminal offense, give rise to potential or actual civil liability, or otherwise violate any applicable law or regulation; and, (xi) obtain unauthorized access to NYHL’s and/or its service providers computer systems.

(b)       You shall not to distribute or republish on any medium (whether now or hereinafter in existence) the Services or the Content, in whole or in part, without NYHL’s prior written authorization, unless: (i) NYHL expressly  permits such distribution or republication under the terms of your NYHL LIVE subscription; or (ii) NYHL  makes available the means for such distribution through functionality offered by the Services and such distribution and republication is clearly and expressly authorized by NYHL on the Website specifically in regard to such Services.

(c)       You shall not revise, alter or modify the Services, in whole or in part.

(d)       You shall not revise, alter, translate, editorialize, compile, broadcast or publish the Content, whether in whole or in part;

(e)       You shall not access Content through any technology or means other than the video playback and/or live streaming Services of the Website.

(f)        You shall not use the Website, the Services or Content for any of the following commercial uses unless you obtain the prior written approval of NYHL:

(i)        the sale of access to the Services and/or Content;

(ii)       the sale of advertising, sponsorships, or promotions for placement on or within the Services or Content; or

(iii)      the sale of advertising, sponsorships, or promotions for placement on any page of an ad-enabled blog or website containing Content delivered via the Services, unless other material not obtained from NYHL appears on the same page and is of sufficient value to be the basis for such sales, as determined by NYHL in its sole discretion.

(g)  You shall not use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers", that accesses the Website and/or Services.

(h)  You shall not collect or harvest any personally identifiable information, including subscriber names, from the Website and Services, or to use the communication systems provided by the Website and Services (e.g., comments, email) for any commercial solicitation purposes.  You agree not to solicit, for commercial purposes, any users of the Services with respect to their Content.

(h)  You shall comply with all applicable laws when accessing the Website and utilizing the Services.

  1. Intellectual Property Rights

NYHL exclusively owns all rights throughout the world in and to the Content including, without limitation, any intellectual property rights. You obtain no rights to the Content except for those expressly granted to you under these Terms of Use and any additional terms that apply in regard to your procurement of any Services and/or Content. NYHL expressly reserves any rights in the Content that are not expressly granted to you under these Terms of Use or any Additional Terms, as the case may be.

The trademarks, service marks and logos ("Marks") displayed on the Website or through use of the Services and/or used in connection with the advertising of the Website and Services, are owned by or licensed to NYHL and/or its service providers. The following Marks are owned by GameOnStream displayed on this Website You may not use or display any of the Marks without NYHL’s prior written consent.

  1. Disclaimers

The Website, Services and Content are provided to you on an “AS IS” and “AS AVAILABLE” basis, with no warranty of any sort. Without limitation to the foregoing, You acknowledge and understand that the Content may include subject matter that may be graphic or inappropriate for younger viewers including, depiction of violence, injuries and objectionable conduct. Although NYHL will endeavour to remove the foregoing from pre-recorded Content it does not provide any guarantee in regard to the foregoing.

NYHL does not guarantee the quality and/or availability of Content, which is subject to transmission limitations of the internet, including, but not limited to, video and/or audio dropouts, rebuffering and loss of connection.  Programming and pricing are subject to availability and change at NYHL’s sole discretion.  Blackout restrictions may apply to the Services.  Users require a high speed internet connection to view Content. 

The Website may contain links to third party websites that are not owned or controlled by NYHL.  NYHL has control over, or assumes responsibility for, the policies or practices of any third parties or the content and services offered on and through their websites.  In addition, neither NYHL nor its service providers will or can censor or edit the content of any third-party website.  .  Accordingly, we strongly encourage you to be aware when you leave the Website and enter a third-party website and to read the terms and conditions (including any privacy policy) of each such website that you visit.

By using the Services, you expressly release NYHL and its service providers from any and all liability arising from your use of any third-party website or the content displayed and/or distributed thereon. 

You agree that your use of the Website and Services shall be at your sole risk.  To the fullest extent permitted by law, NYHL and its service providers disclaim all warranties, express or implied, in connection with the Website and Services and your use thereof. NYHL makes no warranties or representations about the accuracy or completeness of the Content or the content of any sites linked to this Website and assumes no liability or responsibility for any errors, mistakes, or inaccuracies in terms of Content.

Without limitation to the foregoing, the Website and Services are controlled and offered by NYHL’s service providers from their respective facilities located in Canada.  NYHL does not make any representations that the Website and/or Services are appropriate or available for use in any other jurisdiction.  Users who access or utilize the Website and/or Services from other jurisdictions do so at their own risk and in addition to the requirement that they comply with these Terms of Use are responsible for compliance with local law.

NYHL, its service providers, and their respective directors, officers, employees, contractors, agents, advisors and other representatives (collectively, “Representatives”) will not be responsible for any personal injury or property damage, of any nature whatsoever, resulting from: (I) your access to and use of the Website and/or the Services, (ii) any unauthorized access to or use of your Account or information about your Account including, without limitation, any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from the Website or Services or issues regarding the quality of any broadcast or other content including, but not limited to, camera angles, in-game graphics, audio or video quality, commentary, or content, in full or in part, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website or Services by any third party, and/or (v) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or transmitted by NYHL or its service providers, or otherwise made available on the Website or via the Services. 

NYHL, and its service providers do not warrant, endorse, guarantee, or assume any responsibility for any product or service advertised or offered by a third party through the Website or Services or any hyperlinked services or featured in any banner or other advertising. NYHL is not a party to any transaction regarding the purchase of one or more products or services advertised through the Website or Services, and neither NYHL nor its service providers are in any way be responsible for any transaction between you and third-party providers of products or services.  Any such transaction is conducted at your sole risk.

  1. Limitation of Liability

In no event shall NYHL, its service providers, or their respective Representatives, be liable to you for any indirect, incidental, consequential or special damages whatsoever, whether arising in regard to any breach of contract, tort or other ground, relating to the Website, Services and/or Content, including, without limitation, any damages resulting from or relating to (i) any errors, mistakes, or inaccuracies of Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website or Services, (iii) any unauthorized access to or use of computer resources used to host the Website and/or Content, provide the Services and/or complete transactions regarding certain Services and/or Content, (iv) any interruption or cessation of transmission to or from the Website or Services, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website or Services by any third party, (vii) any lost or corrupted data; and/or (viii) any other errors, omissions or misconduct by NYHL, its services providers or their respective Representatives; regardless of whether NYHL, its Service Providers and/or any of their respective Representatives are advised of the possibility of such damages.  The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. NYHL’s maximum liability to you in terms of the Website, Services and/or Content will not exceed the greater of: (A) the total amounts that you have paid NYHL for Services and/or Content during the immediately preceding 12 month period, if any; and (B) $100.

  1. Indemnity

To the extent permitted by applicable law, you agree to indemnify and hold harmless NYHL, its service providers, and their respective directors, officers, employees, contractors, agents and other representatives, from and against any and all claims, damages, obligations, liabilities, costs, expenses (including but not limited to legal fees) and other losses arising from or relating to: (i) your violation of any provision of these Terms of Use and/or Additional Terms; (ii) your violation of any third party right, including without limitation any trademark, copyright, property, or privacy right; and/or (iii) any claim that your Content caused damage or loss to a third party. This indemnification obligation will survive termination of these Terms of Use and your ceasing to access and/or use the Website, Services and/or Content.

  1. Assignment

These Terms of Use, any Additional Terms, any account or subscriptions relating to the Website and/or Services and any rights and licenses granted hereunder, may not be transferred or assigned by you. NYHL may assign the agreement created by these Terms of Use and/or any Additional Terms, as well as the Website and/or Content without restriction and without prior notice to you.

  1. Termination

NYHL may immediately terminate your subscription and your access to the Website and Services in the event of any breach of these Terms of Use and/or Additional Terms.  In such circumstances, no refund of any subscription fee or other prepaid fees will be provided and such sums will be retained by NYHL without credit or set-off in your favour.

NYHL may also terminate your subscription and your access to the Website and Services at any time by providing you prior written notice of the foregoing. In such circumstances, NYHL will provide you a refund of any subscription fee, pro rated in terms of the remaining subscription and will also refund you for any other unused prepaid fees.  All rights granted to you under these Terms of Use and/or under any Additional Terms will forthwith terminate upon termination of your subscription and/or your access to the Website and Services.

  1. General

You agree that the Website and Services shall be deemed solely based in Ontario and the Website is a passive website the operation of which does not give rise to personal jurisdiction over NYHL or its service providers, either specific or general, in jurisdictions other than the Province of Ontario.  These Terms of Use shall be governed by the laws of the Province of Ontario, without respect to its conflict of laws principles, and the federal laws of Canada that apply in the province of Ontario.  Any claim or dispute that relate directly or indirectly to the Website, the Services and/or Content, or any other subject matter of these Terms of Use and/or Additional Terms shall be decided exclusively by a court of competent jurisdiction located in Toronto, Ontario provided, however that NYHL may commence legal proceedings relating to any violation of its intellectual property rights or any misappropriation of its intellectual property in any jurisdiction where such violation or misappropriation is taking place. 

These Terms of Use, any Additional Terms, the Privacy Policy (located at https://nyhl.gameonstream.com/pages/privacy_policy) and any amendments or supplements thereto , constitute the entire agreement between you and NYHL concerning the Services, Website and Content.  If any provision of these Terms of Use or Additional Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use and Additional Terms, which will remain in full force and effect.

No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision, and NYHL and its licensors’ failure to assert any right or provision under these Terms of Use or Additional Terms, or any other remedy relating thereto or any intellectual property right, will not constitute a waiver of such right or provision.

NYHL reserves the right to amend these Terms of Use and Additional Terms at any time and without notice, and it is your responsibility to review these Terms of Use for any changes.

Your use of the Website and the Services following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.