Terms of Use
Your Acceptance of these Terms of Use.
The Score Television Network Ltd. ("we" or "us" ) is the provider of theScoretv.ca website, all
of its related websites, and all of its features and services (the "Website" or the "Site").
Please read these Terms of Use and the Privacy Policy carefully before using the Site or submitting
information through the Site. By using the Site or submitting information to the Site, you are
agreeing to these Terms of Use. If you do not agree, please do not use this Site or
submit any information through the Site. We recommend that you print a copy of these Terms of Use
and the associated Privacy Policy for your records. We reserve the right, at any time, to modify
and update these Terms of Use from time to time without further notice to you, by posting such
updated Terms of Use on the Site, so please check back periodically. Any such updates shall apply
to you and your use of the Site and by continuing to use the Site, you shall be deemed to have
accepted such changes.
The Website may contain mature content and is not intended for persons under the age of 13.
If you are under the age of 13, unless your parents have consented as set out below, please do
not use the Site—there are lots of other great sites intended for kids of your age. Talk
to you parent or legal guardian about what sites are appropriate for you. By
using the Site, you affirm that you are at least 13 years old or older and are fully able and competent
to enter into these Terms of Use, or if you are under 13 years old that your parent or
legal guardian has consented to your use of this site and accepted these Terms of Use on your behalf. If
you have authorized a minor to use the Site, you agree that you are fully responsible for the conduct
of the minor (including the consequences of any misuse of the Site by the minor), and for controlling
his or her access to the Site. You acknowledge that we have no obligation to monitor the Site or
any content accessible through the Site.
We may occasionally offer you the opportunity to enter into contests, games and prize drawings
subject to any further terms and conditions or contest rules. By entering into such contests and
games, you agree to be bound by such additional terms, conditions and rules. In the event of a
conflict between these terms of use and the specific rules of any such contest or games, the specific
rules of such contest or games shall govern to the extent of the conflict.
The Site
These Terms of Use apply to all users of the Site, including users who are also contributors of
information, and other materials or services on the Site. The Site may contain third party advertisements
or materials, and/or links to third party websites that are not owned or controlled by us. We have
no control over, and assume no responsibility for, the content, privacy policies or practices of
any third party websites. In addition, we do not and cannot censor or edit the content of any third
party website. When you leave the Site, we encourage you to read the terms and conditions and privacy
policies of the other websites. By using our Site, you expressly release us from any and all liability
arising from your use of any third-party website or as a result of any third party presence on
our Site.
Our Privacy Policy
During your use of this Site, you may voluntarily submit personal information to us. We are committed
to ensuring responsible practices in the collection, use and disclosure of your personal information
in accordance with applicable law. Please click here to review our Privacy Policy (the "Privacy
Policy"). The terms and conditions of the Privacy Policy are incorporated by reference into and
form a binding part of these Terms of Use. BY SUBMITTING PERSONAL INFORMATION TO US OR OUR SERVICE
PROVIDERS AND AGENTS, YOU AGREE TO OUR COLLECTION, USE AND DISCLOSURE OF SUCH PERSONAL INFORMATION
FOR THE PURPOSES FOR WHICH YOU SUBMITTED THE INFORMATION, AND AS DESCRIBED IN AND IN ACCORDANCE
WITH OUR PRIVACY POLICY, AND AS PERMITTED OR REQUIRED BY LAW. If you do not agree with our Privacy
Policy, please do not provide us with any personal information.
Your Access to the Site
We grant you permission to use the Site, in accordance with these Terms of Use, provided that:
(i) your use of the Site is only for your personal, non-commercial purposes; (ii) you do not copy
or distribute any part of the Site in any medium without our prior written authorization; (iii)
you do not alter or modify any part of the Site other than as may occur during your proper use
of the Site for its intended purpose; and (iv) you comply with these Terms of Use including all
of the User Conduct rules set out below.
We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to
all or any part of the Site at any time for any reason without prior notice to you and without
any liability to you for doing so. We may change, suspend or discontinue all or any aspect of the
Site at any time, including the availability of any specific features or content, without prior
notice and without liability to you for doing so.
We do not permit copyright infringing activities or the infringement of intellectual property
or other proprietary rights (including privacy and publicity rights) in connection with the Site,
and we will remove all content and user submissions if properly notified that such materials infringe
on a person’s intellectual property right.
You agree that you will not submit any material that is copyrighted, protected by trade secret
or otherwise subject to third party proprietary rights unless you are the owner of such rights
or have permission from their rightful owner to post the material and to grant us all of the license
rights referred to in these Terms of Use. Accordingly, you affirm, represent and warrant that:
(i) any materials you submit are wholly original to you, or to the extent they are not wholly original
to you that you own or have the necessary licenses, rights, consents, and permissions to use and
authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights
in and to any and all of your submissions to enable inclusion and use of them in the manner contemplated
by the Site and these Terms of Use; (ii) no payment, royalty or consent is required in connection
with the rights granted to us in these Terms of Use (see section 7 below); and (iii) you have the
written consent, release, and/or permission of each and every identifiable individual person in
the submission to use the name and/or likeness of each and every such identifiable individual person
to enable inclusion and use of the submissions in the manner contemplated by the Site and these
Terms of Use. We reserve the right to remove materials without prior notice and also to terminate
your account and/or access to the Site if we believe that repeated violations of this section have
occurred.
In order to receive permission to use or reproduce any material on this Site for purposes other
than those set out in these Terms of Use, or to notify us of a potential copyright infringement
claim, please submit your request or notice to the following:
370 King Street West, Suite 435
Toronto, Ontario M5V 1J9 Canada
E-mail: support@theScoretv.ca
Any notification of a potential claim must be writing and include:
a) the name and signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;
b) identification of each alleged infringing copyright work or works;
c) identification of the alleged infringing material and information reasonably sufficient to enable
us to search for and identify such material;
d) information reasonably sufficient to enable us to contact the party complaining of an alleged
infringement (e.g. an address, telephone number and e-mail address);
e) a statement that the complaining party has a good-faith belief that use of the allegedly infringing
material in the manner complained of is not authorized by the copyright owner, its agent or the
law; and
f) a statement that the information in the notification is accurate, and that the complaining party
is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your Conduct
In addition to the copyright and intellectual property rules set out in these Terms of Use, your
use of the Site and its interactive features is subject to your compliance with the following conduct
guidelines:
- You may not to post, transmit, link to or otherwise distribute falsehoods or misrepresentations
that could damage us or any third party.
- You may not to post, transmit, link to or otherwise distribute any material that is unlawful, obscene,
profane, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a criminal offence, give rise to civil
liability, violate any law, violate the legal rights of any person (including publicity or privacy
rights) or is otherwise inappropriate or would restrict or inhibit any other user from using or
enjoying the Site. You may not post, transmit, link to or otherwise distribute material that exploits
people under the age of 18 in a sexual or violent manner, solicits personal information from anyone
under the age of 18, provides information about illegal activities, such as making or buying illegal
weapons, violates someone’s privacy, or provides information relating to the creation of
computer viruses or other harmful or disruptive components. You also agree not to post, transmit,
link to or otherwise distribute in any way information, software or other material that infringes
the intellectual property rights of any party.
- You may not post advertisements or solicitations of any business or commercial activity, including
contests or sweepstakes. You may not submit any material that relates to or involves the transmission
of unsolicited mass mailing, "spamming", "junk mail" or "chain letters".
- You may not impersonate or falsely suggest your association with another person, or submit materials
in another person’s name.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED
BY LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO
THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) 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 SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; OR (VI) 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, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
Limitations of Liability
a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SUBSIDIARIES
AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, REPRESENTATIVES
AND LICENSORS (COLLECTIVELY, THE "The Score PARTIES") BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED SAVINGS,
INTERRUPTION OF ACTIVITIES, OR ANY OTHER PECUNIARY OR ECONOMIC LOSS) AND WHETHER ARISING FROM BREACH
OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE
OF OR INABILITY TO USE THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE DESCRIBED OR PROVIDED
ON THIS SITE. IN NO EVENT SHALL ANY THE SCORE PARTY BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF ANY HYPER-LINKED WEBSITE.
b) IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SCORE PARTIES' COMBINED
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION, SHALL BE LIMITED IN
THE AGGREGATE TO $100.
c) You agree that any cause of action arising out of or related to the Site will be permanently
barred if it does not commence within one (1) year after the cause of action accrues.
Indemnity
You agree to indemnify, defend and hold harmless the The Score Parties from and against any and
all claims, demands, actions, liability, losses, costs and expenses (including legal fees and expenses)
arising from or related to: (i) any use or alleged use of this Site by any other person, whether
or not authorized by you; (ii) your breach of these Terms of Use, including any breach of your
representations and warranties herein; and (iii) your violation of any law or the rights of any
The Score Party or any third party arising out of your use of or inability to use the Site, its
Contents, any hyperlinked website, and any of the products and services made available on the Site.
We reserve the right to assume and delegate the exclusive defense and control of any claims, demands
and actions arising in connection with this indemnity and you agree to cooperate with our and our
designees' defence of these claims, demands and actions.
Jurisdiction and Governing Law
We make no representation that the Site or the materials contained in it are appropriate or available
for use in all locations. Those who choose to access the Site do so at their own risk and are responsible
for compliance with local laws, if and to the extent that local laws are applicable.
These Terms of Use (including the Privacy Policy) and your use of the Site shall be construed in
accordance with and governed by the laws in force in the Province of Ontario and the federal laws
of Canada applicable therein, without reference to any choice of law or conflict of law principles.
You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario
for any claim related to these Terms of Use (including the Privacy Policy) and your use of the
Site, and agree not to bring any action, claim, suit or proceeding against The Score Television
Network Ltd., its affiliates or agents (or any officer, director, or employee thereof) in any jurisdiction
other than the Province of Ontario.
General
If any provision of these Terms of Use (including the Privacy Policy) are deemed unlawful or unenforceable
by a court of competent jurisdiction, then the impugned provision shall be deemed severed and shall
not affect the validity and enforceability of any remaining provisions. These Terms of Use comprise
the entire agreement between you and The Score Television Network Ltd., and supersede all prior
agreements between the parties, regarding the subject matter contained herein.