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TERMS OF USE
 
Last updated February 27, 2008
 
 
1.      Introduction: Welcome to the leafspace.com website (the ""Site). Use of this Site and its services is offered to you only if you accept these Terms of Use. These Terms of Use set forth the legally binding terms for your use of the Site. By clicking ""I Agree"" below, you agree to be bound by these Terms of Use. Please read the following Terms of Use carefully and save this document for future reference. If you do not agree with these Terms of Use, you should exit the Site immediately and you may not register as a user.
 
This agreement includes the Maple Leaf Sports & Entertainment Ltd.'s (""MLSE"") terms of use for the mapleleafs.com official Web Site (the ""Official Leafs Site"") (which are hereby incorporated by reference into these Terms of Use and for content that you may post on the site, and describes your rights, obligations and restrictions regarding your use of the Site. In order to participate in certain services on the Site, you may have to download software or content and/or agree to additional terms and conditions.   All such additional terms and conditions are hereby incorporated by reference into these Terms of Use.   In the event of any conflict between the Terms of Use of this Site and the terms of use of the Official Leafs Site, the terms of use for this Site shall govern.
 
MLSE may modify these Terms of Use from time to time without notice to you and such modification shall be effective upon posting on the Site by MLSE.  You can review the most recent version of these Terms of Use by following the links to the website. We suggest that from time to time, you review these Terms of Use for possible changes
 
Children under the age of 13 are not authorized to use the Site or to post any content or messages   If you are between the ages of 13-16, your parent or legal guardian must give us his or her consent before you provide us with any personal information in your profile or otherwise. MLSE reserves the right, at all times, to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request in our sole discretion.
 
  1. Purpose: The Site is a social networking service that allows fans of the Toronto Maple Leafs hockey team to create unique personal profiles online in order to find and communicate with other Leafs fans from around the world. The Site is only for private, non-commercial, entertainment purposes. You agree not to use the Site for any unlawful or prohibited purpose.
 
  1. Postings and Submissions: Please carefully consider the information you post or submit to the Site, and the information that you provide to other users through the Site. All submissions and postings must be original works by you. For example, do not post photographs taken by third parties or stories or articles written by third parties, unless you have their prior written permission. For all of your submissions and postings (""Your Content""), you grant to MLSE, its affiliated companies, the National Hockey League, and necessary sublicensees, a non-exclusive, royalty-free, transferable, perpetual license to use and publish Your Content throughout the world in any manner or medium (""License""). The License includes the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Content, and to publish your user name in connection with it. You will receive no compensation for this License.
 
            MLSE does not assert any ownership over Your Content. Subject to the rights      granted to MLSE in these Terms of Use, you retain full ownership of all of your            User Content and any intellectual property rights or other proprietary rights         associated with Your Content.
 
You represent and warrant that: (i) you own Your Content or otherwise have the right to grant the License set forth in this section, and (ii) the posting of Your Content on the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any third party. You hereby agree to pay any and all royalties, fees, damages or any other penalties payable to any third party as a result of Your Content on the Site.
 
You have complete control over the content in your profile and you alone can determine how much or how little personal information you want to disclose to other users. However, your profile may not include the following items: any photographs containing nudity, or obscene, lewd, violent, threatening, harassing, sexually explicit or otherwise objectionable subject matter. Although we prohibit the aforementioned materials, MLSE cannot guarantee that submissions by other Site users will not contain inappropriate, offensive or sexually explicit material, or inaccurate information, and MLSE assumes no responsibility for this material. We do not control or endorse any content posted on the Site by third parties and specifically disclaim any liability with respect to submissions, postings and actions of third parties using the Site.
 
  1. Prohibited Conduct: You agree that in connection with your use of the Site, without limiting the Terms of Use of the Official Leafs Site, you will not:
 
    1. use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site:
    2. use automated scripts to collect information from or otherwise interact with the Service or the Site;
    3. register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
    4. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
    5. use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
 
  1. Prohibited Content: The following are examples of materials that must not be included in Your Content. The following materials are either illegal or prohibited by MLSE for purposes of posting on the Site. We reserve the right (but are not obligated) to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, by submitting or posting any of the following:
 
    1. material that is offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    2. material that threatens, harasses or advocates harassment of another person;
    3. material that exploits people in a sexual or violent manner;
    4. material that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
    5. material that includes a photograph of another person that you have posted without that person's consent;
    6. material that solicits personal information from anyone under the age of 18;
    7. soliciting passwords or personally identifiable information of other users for commercial or unlawful purposes;
    8. material that provides any telephone numbers, street addresses or last names;
    9. material that contains information that you know is false or misleading or material that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    10. material that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated music, movies or computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices;
    11. material that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
    12. material that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
 
  1. Review and Removal of Your Content: We reserve the right, in our sole discretion, to review, reject, or remove any of Your Content at any time, for any or no reason, with or without prior notice, and without liability. However, MLSE is under no obligation to monitor the content of the Site and assume no responsibility for any inappropriate content or conduct that is posted or occurs on the Site
 
      You may remove Your Content from the Site at any time. If you choose to             remove Your Content, the license granted above will terminate, however, you         acknowledge that MLSE may retain archived copies of Your Content any may      continue to use Your Content in, for example, Site compilations, in all and any       media. You further acknowledge that if another user has re-posted Your    Content, it will only be deleted at the request and with the permission of the          other user.
 
  1. Termination: We reserve the right, in our sole discretion, to suspend or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice and without liability.
 
  1. Limited Access/Passwords: When you sign up to use the Site, you will be asked to set your user name and password. You are solely responsible for maintaining the confidentiality of your password. You are solely responsible for any and all use of your account. You should not disclose your password to any third party, and the Leafs disclaim any liability relating to your disclosure of your password. You agree to notify the Leafs immediately if you suspect any unauthorized use of your account or access to your password. You agree not to use the account information, user name, or password of any other user at any time.
 
  1. The Leafs Trademark and Copyright Materials: All software, material, information and content posted on the Site by MLSE, including the manner in which such software, material, information and content is presented are: Copyright © Maple Leaf Sports & Entertainment Ltd.. , its affiliates and/or licensors . All rights in these materials are reserved by MLSE. The words LEAFS, TORONTO MAPLE LEAFS and the Leafs Logo are all trademarks of MLSE. All rights not expressly granted herein are reserved. For the limited purpose of your use of the Site, the Leafs grant you a limited, revocable, personal and non-transferable license to use the software and Leafs content for private viewing and use in accordance with these Terms of Use, and for no other purpose. You must keep intact all copyright, trademark and other proprietary notices. Reproduction or redistribution of copyright and trademark-protected material is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the copyright and trademark-protected material to any other server or location for further reproduction or redistribution is expressly prohibited.
 
  1. Copyright Policy: You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to any other person without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate access to any user of or visitor to this Site who repeatedly infringes the copyright rights of others, upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent.
 
  1. Notification of Alleged Copyright Infringement: If you believe that your proprietary work has been copied and/or posted on the Site in a way that constitutes copyright infringement, please send us a notice at copyright@leafspace.com  (or by regular mail at the address shown below), with the following information (a ""Notification of Alleged Copyright Infringement""):
 
    1.  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    2.  a description of the copyrighted work that you claim has been infringed;
    3. a description of where the material that you claim is infringing is located on the Site;
    4. your address, telephone number, and email address;
    5. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
    7. a verification by a notary public, indicated by seal and signature.
 
 
Be aware that you may be liable for damages, including court costs and attorneys fees, if you file a Notification of Alleged Copyright Infringement that materially misrepresents that content on the Site infringes your copyright materials.
 
Upon receiving a proper Notification of Alleged Copyright Infringement, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the Counter-Notification procedure described below, by which the alleged infringer may respond to your claim and request that we restore the material at issue.
 
 
  1. Counter-Notification Procedure:    If you believe your own copyrighted material has been removed from or disabled on the Site as a result of mistake or misidentification, you may submit a written Counter-Notification to us at copyright@leafspace.com (or by regular mail at the address shown below). To be an effective Counter-Notification, your submission must include the following:
 
    1. an electronic or physical signature of the original poster;
    2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
    3. a statement, under penalty of perjury, that the poster (subscriber) has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
    4. a verification by a notary public, indicated by seal and signature; and
    5. the poster's (subscriber's) name, address and telephone number, and a statement that the poster (subscriber) consents to the jurisdiction of the courts of the Province in which your address is located or the Federal Courts located therein, or, if you address is outside of Canada, for any court that has jurisdiction in which the service provider may be found, and a statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or that party's agent.
 
If we receive a valid, written Counter-Notification meeting the requirements described above, we will restore the removed or disabled material after ten (10) business days but no later than fourteen (14) business days from the date we receive the Counter-Notification, unless we first receive notice from the party filing the original Notification of Alleged Copyright Infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
 
Be aware that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees.
 
 
  1. No Commercial Use: The Site shall not be used for commercial purposes, except those that are specifically endorsed or approved by MLSE. Unauthorized use of the Site, including collecting user names and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other unauthorized purposes is strictly prohibited. Commercial advertisements, links to commercial sites and other forms of solicitation may be removed from your profile or group without notice and may result in termination of your access to the Site. Appropriate legal action may be taken for any illegal or unauthorized use of the Site.
 
  1. Links: Any links to third party websites that are posted on the Site by users are not under the control of MLSE, and we are not responsible for their contents or any other links within them. We are not responsible for transmissions you receive from third party websites or for their failure to work properly. Any links on the Site are provided only as a convenience, and MLSE does not endorse any third party sites, unless otherwise provided. You are solely responsible for abiding by the terms of use of any third party site.
 
  1. Member Disputes: You are solely responsible for your interactions with other users of the Site. We reserve the right, but have no obligation, to monitor disputes between you and other users of the Site. If you would like to file a complaint against another user, please click on the ""Report"" Button, and provide detailed information about the issue for our consideration.
 
  1. Fees for use of the Site: There is no fee, currently, associated with your use of the Site. However, you acknowledge that MLSE reserves the right to charge for your use of the Site and/or certain features of the Site and to change any fees from time to time, in its sole discretion.   Any such fees will be charged in accordance with the Terms of Use of the Official Leafs Site.
 
  1. Indemnity: You agree to indemnify, defend and hold harmless MLSE, the National Hockey League and its member clubs, NHL Enterprises Canada L.P., NHL Enterprises L.P., NHL Enterprises B.V,, and each of their respective officers, directors, governors, owners, other officials, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns ("Entities") from and against any claim or demand, including reasonable legal fees and disbursements, arising out of Your Content, your use of the Site , your violation of these Terms of Use, or your violation of any rights of another.
 
  1. Disclaimer Of Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS-IS" AND 'AS-AVAILABLE" BASIS. THE ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
 
  1. Limitation Of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: THE USE OR THE INABILITY TO USE THE SITE; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR ANY OTHER MATTER RELATING TO THE SITE.
 
  1. Submissions: MLSE is always improving its websites and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them - but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO MLSE BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO MLSE, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO MLSE THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT MLSE IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY MLSE, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
 
  1. General Provisions: The Terms of Use constitute the entire agreement between you and MLSE and governs your use of the Site superseding any prior agreements between you and MLSE. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third- party software. The Terms of Use and the relationship between you and MLSE shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. You and MLSE agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario. The failure of MLSE or any of the other Entities to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
 
 
Please contact us at questions@leafspace.com with any questions regarding these Terms of Use. 
 
If you become aware of misuse of the Site by any person, please contact us directly at issues@Leafspace.com, or simply click on the ""Report"" Button to submit your complaint 
 
 
 
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