PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE STREAMING SUBSCRIPTION SERVICES, OR BY CHECKING THE "I ACCEPT THE TERMS & CONDITIONS AND PRIVACY POLICY" BOX LOCATED ON THE ONLINE ORDER FORM, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THE TERMS, CONDITIONS AND DISCLAIMERS SET OUT IN THIS AGREEMENT, AS AMENDED FROM TIME TO TIME.
GENERAL
The Canadawest.tv Streaming Subscription Service (the "Service") offered through the Site, is made available by the YAREtv Platform operated by Visaic Canada ULC ("Visaic") in cooperation with Canada West Universities Athletics Association (“CW”).
Visaic provides streaming platform services that enables content providers to deliver audio visual sports and entertainment content over the internet to certain internet connected devices such as PCs, mobile phones, tables connected TVs and other devices.
DESCRIPTION OF SERVICE
The Service enables website visitors to subscribe to watch live and on-demand streaming of select CW events (“Premium Content”) on the website http://www.Canadawest.tv (the "Site").
The website includes the ability to access live and VOD events, Canadawest.tv sports content, schedules, and other general website content. To access Premium events offered within the Service, the user must subscribe to the Service and complete an order form (the "Order").
FEES & PAYMENT TERMS
Access to Premium Content requires a subscription or pay-per-view access fee. Registered users are able to access Premium Content by (i) paying a subscription fee to access certain Premium Content season packages for the applicable time period ("Subscription Fee"); or (ii) paying a one-time fee to access certain live Premium Content for a designated time period ("Pay-Per-View Fee"). The current Order fees (the "Charges") applicable to the Services are located at http://Canadawest.yaretv.com/packages.php. The Charges applicable for the Services together with all applicable taxes will be billed automatically to the credit card (the "Account Credit Card") you designated during the Order process or subsequently designated to Visaic. You warrant that you are the cardholder of the Account Credit Card and the relevant information required for processing charges is valid at all times. You must notify us of any change of address or other relevant information in a timely fashion. If the Account Credit Card expires, you must notify us of the new expiration date before the previous expiration date has passed. Visaic reserves the right to levy an administration fee for any credit card transaction that fails. If you want to designate a different credit card or if there is a change to the existing Account Credit Card, please advise us e-mailing [email protected] You agree to pay all Charges incurred in connection with your use of the Service through your Order, including any applicable taxes, at the rates in effect when the said Charges were incurred. Except as provided herein, all Charges are non-refundable. I understand that payment will be processed by Visaic Canada ULC and that CANADAWEST.TV | YARETV is the name that will appear on my transaction record. Please note that Charges do not include any applicable fees or charges incurred to access, or to receive alerts or other information from the Site or any of the Services, through an Internet, wireless or other third-party service provider. Accounts will remain active for the period specified in the Order. Refunds will not be given for partial periods. Accounts may be terminated by emailing [email protected] and providing your name and account login.
TECHNICAL REQUIREMENTS
You are responsible for all hardware, software and internet connectivity necessary to access the Services. We will use reasonable measures to ensure that the Service is available at all times, however, the Service is provided on an "as is" basis. The quality of the display of the streaming of sport events may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. At certain venues the video and technical requirements associated with producing the streams may be provided by student or volunteer personnel. We will not have any liability to you for the cancellation or abandonment of any event or the failure to show an event as scheduled, nor in the circumstance where you are unable to watch any event on a specific platform device. Certain software used to deliver the Service may vary by device and medium, and functionalities may also differ between devices. You acknowledge that the use of the Service may require third party software that is subject to third party licenses.
CONTENT USAGE RESTRICTIONS
The Services and the Content are for your personal, non-commercial use, entertainment and enjoyment. You may not reproduce, duplicate, copy, translate, broadcast, publicly display, sell, transmit, retransmit, license, sub-license, publish or modify any of the Services or the Content without the prior written consent of Visaic and Canadawest.tv. You agree that your access to the Premium Content is restricted to simultaneous access on two (2) or fewer distinct devices at one time and we reserve the right to force a log off for your account or restrict login access in the event we determine at any time, in our sole discretion, that your account has been simultaneously logged into on more distinct devices than permitted.
VISAIC TERMINATION
Visaic reserves the right to terminate your Order and your access to the Site and Premium Service at any time and for any reason, including without limitation, if the Account Credit Card is invalid for any reason, if Visaic does not receive payment, if a password is shared, or where Visaic has determined, in its sole discretion, that use of the Service by you is, or was in breach of the Terms of Service. Any such termination by Visaic shall be in addition to and without prejudice to such rights and remedies as may be available to Visaic, including injunction and other equitable remedies. The disclaimer, limitations on liability, and indemnity provisions shall survive termination or expiry of your order and this Agreement.
DISCLAIMERS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EACH OF VISAIC, ITS AGENTS, SUBSIDIARIES, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE "VISAIC GROUP") DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS (COLLECTIVELY THE "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES OR COMPLETENESS AS WELL AS ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. FURTHER, THE VISAIC GROUP DOES NOT WARRANT THAT THE SITE, THE SERVICES OR THE CONTENT WILL CONTINUE TO OPERATE OR OTHERWISE OPERATE WITHOUT INTERRUPTION OR OTHERWISE IN A TIMELY, SECURE OR ERROR-FREE MANNER OR THAT SAME WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL VISAIC (INCLUDING EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE (JOINTLY OR SEVERALLY) FOR ANY CLAIM, LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES FOR LOSS OF INFORMATION OR DATA, PROFITS, SAVINGS, REVENUE, GOODWILL OR OTHER INTANGIBLE LOSSES ARISING FROM, OR IN ANY WAY CONNECTED WITH THE SITE, THE SERVICES OR ANY OF THE CONTENT (INCLUDING THE PERFORMANCE, USE OF, OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS SAME), REGARDLESS OF WHETHER THE VISIAC GROUP HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH CLAIM, DAMAGE OR LOSS. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, BREACH OF WARRANTY, CIVIL LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL VISAIC'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT PAID TO VISAIC BY YOU FOR THE SERVICE. CERTAIN SERVICES ARE PROVIDED THROUGH NETWORKS AND FACILITIES, INCLUDING THE PUBLIC TELEPHONE NETWORK, THAT ARE NOT UNDER THE CONTROL OF VISAIC. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL VISAIC GROUP BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF THE SITE, SERVICES OR CONTENT RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, VIRUSES, INFECTIONS, PANDEMICS, AND ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS.
You acknowledge and agree that the Services may be temporarily unavailable as a result of disruptions as described above. While Visaic makes every reasonable effort to minimize such downtime, Visaic cannot guarantee the 100% availability of the Services. Accordingly, if you are dissatisfied with the Services for any reason, your sole and exclusive remedy is to discontinue use of the Services in accordance with these Terms of Service. You expressly acknowledge that Visaic has set the Charges for the Services, entered into this Agreement, and has and will make the Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Visaic. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this Agreement.
REFUNDS
You are responsible to test your system to ensure that you have adequate bandwidth and processing power on your device to view the content. We will use our reasonable endeavours to ensure that the Service is always available to you. However, the Service is provided on an "as is" basis. We will not have any liability to you for the cancellation or abandonment of any event or the failure to show any event as scheduled, nor where you are unable to watch an event on any specific platform device not officially supported by the Service. Refunds are not granted as a result of end user connectivity and computer issues or for poor production feeds delivered by the school to Visaic including, but not limited to: low or no audio, poor quality video, bad camera work, poor commentating, video pixelization or temporary stream drops.
COMPUTER VIRUSES
While Visaic makes every reasonable effort to ensure that the Services made available on the Site do not contain computer viruses and other destructive elements, you acknowledge and agree that, prior to your use of any of the Services, it is solely your responsibility to (a) take all protective measures to guard against viruses and other destructive elements (including the use of industry standard and updated virus scanning tools); and (b) ensure that you have a complete, current and secure back-up of the applicable items of information and software on your computer or other electronic device used to access the Site and Services.
INDEMNITY
You agree to defend, indemnify and hold harmless each of Visaic, its affiliates, licensors, co-branders and other partners, and each of their respective officers, directors, employees and agents, including all third parties mentioned on the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from: (a) your breach of any of the Terms of Service; (b) your access to or use of the Site or Services; (c) your use or reliance on, or publication, communication or distribution of anything on or from the Site; or (d) your violation of any law or regulation.
PROHIBITED USES
You agree to comply with all applicable laws with respect to your use of the Services. Visaic may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard.
LAW AND JURISDICTION
The Site and Services are controlled, operated and administered by Visaic from its offices within Canada. The Terms of Service shall be interpreted, construed and governed by the laws in force in the Province of British Columbia, Canada.
GENERAL
This Agreement is personal to you, and you may not assign your rights or obligations to anyone. The Terms of Service constitute the entire agreement between Visaic and you pertaining to your use of the Services and supersede any prior agreements between you and Visaic. The parties have required that the Terms of Service and all documents relating thereto be drawn up in English.
CONTACT US
You can contact us by emailing [email protected].
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