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User Registration Obligations
Certain BladeNET and the Service Provider Sports Gateway Services require
prior registration as an BladeNET and /or a Sports Gateway User. In registering
to become a User, you agree to: (a) provide accurate, current and complete
information about yourself as prompted by the Registration Process on
the Site (such information being the "Registration Information"),
and (b) to maintain and update the Registration Information to keep it
accurate, current and complete. Registration Information – Privacy Policy
Please review our Privacy Policy. for important information concerning
the methods of collection and uses of the Registration Information and
other "Personal Information" (term defined in the Privacy Policy)
that the BladeNET or our Service Provider Sports Gateway may collect.
If you are in disagreement with the terms of the Privacy Policy do not
access the Site or make use of any BladeNET or our Service Provider Sports
Gateway Service. Modifications to Terms of Use Agreement
BladeNET and our Service Provider Sports Gateway reserves the right to
change the terms and conditions of the Terms of Use Agreement at any time,
and from time to time without specific notice to you. You can review the
most current version of the Terms of Use Agreement at any time. You are
responsible for regularly reviewing the Terms of Use Agreement and any
changes thereto. Modification to BladeNET or our Service Provider Sports
Gateway Services
BladeNET and our Service Provider Sports Gateway reserves the right at
any time and from time to time, to modify or discontinue, temporarily
or permanently, BladeNET or our Service Provider Sports Gateway services
or any portion thereof, with or without notice to the user. We may change
our Fee Policy and the fees for our services from time to time. In the
event we introduce a new service, the fees for that service are effective
at the launch of the service. Unless otherwise stated, all fees are quoted in Canadian Dollars.
You are responsible for paying all fees associated with using our service
and our website and all applicable taxes. User ID, Password and Security
The User will receive a User ID and a Password upon completing the registration
process. The User is responsible for maintaining the confidentiality of
the User ID and the Password, and is fully responsible for all activities
which occur under the User's Member ID and Password. The User agrees to
immediately notify BladeNET or our service Provider Sports Gateway of
any unauthorized use of the User's ID or Password or any other breach
of security. Access by Children
If you are age 13 or under, your parent or guardian must give us his or
her consent before you register to use the Services. To give us consent,
your parent or guardian must complete and send to us the parental consent
form, which can be obtained upon request by sending us an e-mail at contact
us. You agree to provide correct and accurate information concerning your
age in connection with the registration for any Services, subject, of
course, to all applicable laws. Personal and Non-Commercial Use Limitation
Unless otherwise pre-authorized, neither all nor any portion of the Site
or an BladeNET and /or our Service Provider Sports Gateway Service may
be reproduced, duplicated, copied, sold or otherwise exploited for any
commercial purpose. The Site and the BladeNET and /or our Service Provider
Sports Gateway Services are for your personal and non-commercial use.
You may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any
information, software, products obtained from or related to the Site or
BladeNET and /or our Service Provider Sports Gateway Services without
the prior express written permission of the BladeNET and /or our Service
Provider Sports Gateway , unless such activities are for your personal
and non-commercial use and are permitted under this Terms of Use Agreement. User Conduct
As a condition to your use of the Site and of BladeNET and /or our Service
Provider Sports Gateway Services, you represent and warrant to BladeNET
and /or our Service Provider Sports Gateway that you will not use the
Site or any BladeNET and /or our Service Provider Sports Gateway Services
for any purpose that is unlawful or illegal or prohibited by the Terms
of Use Agreement. The following specific policies govern the use of the
Site and BladeNET and /or our Service Provider Sports Gateway Services
by you: (a) you agree to abide by and comply with all local, provincial,
national and international laws and regulations, and include accepted
Internet protocol applicable to User's use of the BladeNET and / or our
Service Provider Sports Gateway Services, including without limitation,
all applicable laws regarding the transmission of e-mail data; (b) you agree not to interfere with the use and enjoyment
of the Site and BladeNET and /or our Service Provider Sports Gateway Services
by other Users; (c) you agree to be solely responsible for the contents of
your e-mail transmissions through BladeNET and /or our Service Provider
Sports Gateway Services and shall not transmit any material that violates
the rights of another, including, without limitation, the intellectual
property rights of another; (d) you shall not attempt to interfere with, damage, disable,
overburden, impair or disrupt in any way any BladeNET and /or our Service
Provider Sports Gateway Services or the Site servers or networks; (e) you agree not to upload to, distribute or otherwise transmit
through the Site or through any BladeNET and /or our Service Provider
Sports Gateway Service any illegal, harassing, defamatory, libelous, invasive
of privacy or publicity rights, abusive, threatening, harmful, vulgar,
obscene or otherwise objectionable material of any kind, or which may
constitute or encourage a criminal offense; and (f) you shall not use the Site or BladeNET and /or our Service
Provider Sports Gateway Services for "spamming." "Spamming"
includes, without limitation, (1) the sending of unsolicited messages
in bulk, or the sending of unsolicited e-mails which provoke complaints
from recipients, (2) the sending of junk mail, (3) the use of distribution
lists that include people who have not given specific permission to be
included in such distribution lists, (4) posting commercial ads to USENET
newsgroups; (5) the e-mailing of age-inappropriate communications or content
to anyone under the age of 18, and (6) the uploading, posting, e-mailing
or otherwise transmitting any unsolicited or unauthorized advertising,
promotional materials, chain letters, pyramid schemes, or any other form
of solicitation. When any user posts any Message to the Web site or any
of the Services, BladeNET and /or our Service Provider Sports Gateway
shall have the right, but not the obligation, in its sole discretion,
to review, edit or delete any Message for any reason in BladeNET and /or
our Service Provider Sports Gateway 's sole discretion. It is BladeNET
and /or our Service Provider Sports Gateway 's policy to fully cooperate
with law enforcement authorities and court orders which request or require
BladeNET and /or our Service Provider Sports Gateway to disclose personal
information or the postings of anyone posting Messages to the Web site
or any of the Services. Although BladeNET and /or our Service Provider
Sports Gateway may monitor and/or review Messages from time to time, it
is under no obligation to do so and BladeNET and /or our Service Provider
Sports Gateway does not assume any liability or responsibility with respect
to any Messages, including those that contain errors, defamatory content,
pornography, profanity or inaccuracies. (g) harm or attempt to harm minors in any way. Voting
BladeNET and /or our Service Provider Sports Gateway may offer you the
opportunity to vote in connection with various polls and possible event
opportunities. By casting your vote, you are agreeing to abide by the
Terms of Use Agreement and any and all voting guidelines posted on the
Web site. General Practices Regarding Use and Storage
The User acknowledges and agrees that the BladeNET and /or our Service
Provider Sports Gateway may establish general practices and limits concerning
the use of BladeNET and /or our Service Provider Sports Gateway Services,
including without limitation the maximum number of days that e-mail messages
or other content will be retained by the Site, the maximum number of e-mail
messages that may be sent from or received by an account on the Site,
the maximum size of any e-mail message that may be sent from or received
by an account on the Site, the maximum disk space that will be allotted
on the Site servers on the User's behalf, and the maximum number of times
(and the maximum duration for which) the User may access the BladeNET
and /or our Service Provider Sports Gateway Services in a given period
of time. You acknowledge and agree that the BladeNET and /or our Service
Provider Sports Gateway has no responsibility or liability for the deletion
or failure to store any messages and other communications or other content
maintained or transmitted by the Site or any BladeNET and /or our Service
Provider Sports Gateway Service. You further acknowledge and agree that
the BladeNET and /or our Service Provider Sports Gateway reserves the
right to change these general practices and limits at any time, in its
sole discretion, and with or without notice. Proprietary Rights
All content included in the Site, including but not limited to text, graphics,
logos, icons, images or software is copyrighted under Canadian and International
copyright laws, and is the property of the BladeNET and /or our Service
Provider Sports Gateway , or their content suppliers, in which case the
Site's use thereof has been authorized or licensed. The compilation of
the content of this Website is the exclusive property of the BladeNET
and /or our Service Provider Sports Gateway and is protected by Canadian,
International and common law copyright laws. The User acknowledges and
agrees that the User is permitted to use the content included in the Site
only as expressly authorized by BladeNET and / or our Service Provider
Sports Gateway or its content suppliers. Any other use, including but
not limited to the reproduction, distribution, display, posting, mirroring,
or transmission of the content of the Site is strictly prohibited. All
trademarks, the Site's marks and trade names displayed or used in connection
with the Site and BladeNET and /or our Service Provider Sports Gateway
Services are proprietary to the BladeNET and /or our Service Provider
Sports Gateway , or their content suppliers, in which case the Site's
use thereof has been authorized or licensed by the owner of such mark.
Such trademarks, the Site's service marks and trade names are protected
by common law and/or federal trademark law and may not be used without
violation of the BladeNET and /or our Service Provider Sports Gateway
's or any of their licensors' rights. You further agree not to change
or delete any proprietary notices from content or materials downloaded
from this Web site or to modify such materials in any way. Disclaimer of Warranties
BLADENET AND /OR OUR SERVICE PROVIDER SPORTS GATEWAY SERVICES ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY.
THE USER EXPRESSLY AGREES THAT USE OF THE SITE AND BLADENET AND /OR OUR
SERVICE PROVIDER SPORTS GATEWAY SERVICES IS AT THE USER'S SOLE RISK. THE
BLADENET AND /OR OUR SERVICE PROVIDER SPORTS GATEWAY MAKES NO WARRANTIES
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR BLADENET
AND /OR OUR SERVICE PROVIDER SPORTS GATEWAY SERVICES OR AS TO THE ACCURACY
OR RELIABILITY OF ANY CONTENT ON THE SITE OR ANY INFORMATION OBTAINED
FROM THE SITE AND THROUGH BLADENET AND /OR OUR SERVICE PROVIDER SPORTS
GATEWAY SERVICES OR TRANSACTIONS ENTERED INTO USING SUCH CONTENT AND INFORMATION
OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE USER UNDERSTANDS
AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SITE OR THROUGH THE USE OF BLADENET AND /OR OUR
SERVICE PROVIDER SPORTS GATEWAY SERVICES IS DONE AT THE USER'S OWN DISCRETION
AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
THE USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL AND/OR DATA, AND ANY DAMAGES AND LOSSES THE USER MAY
SUSTAIN THROUGH THE USE AND RELIANCE ON THE INFORMATION BEING PROVIDED
BY THE SITE OR THROUGH THE USE OF BLADENET AND /OR OUR SERVICE PROVIDER
SPORTS GATEWAY SERVICES. NO CONTENT OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY THE USER FROM THE SITE OR THROUGH USE OF BLADENET AND /OR
OUR SERVICE PROVIDER SPORTS GATEWAY SERVICES SHALL CREATE ANY REPRESENTATION
OR WARRANTY NOT EXPRESSLY STATED HEREIN. THE CONTENT AND INFORMATION (INCLUDING
ANY FACTS, VIEWS, OPINIONS, RECOMMENDATIONS, DESCRIPTION OF, OR REFERENCES
TO, PRODUCTS, SERVICES) MADE AVAILABLE BY THE SITE OR THROUGH BLADENET
AND /OR OUR SERVICE PROVIDER SPORTS GATEWAY SERVICES IS: (A) FOR INFORMATIONAL
PURPOSES ONLY; (B) NOT TO BE USED OR CONSTRUED AS AN OFFER TO SELL, A
SOLICITATION OF AN OFFER TO BUY, OR AN ENDORSEMENT, RECOMMENDATION, OR
SPONSORSHIP OF ANY ENTITY, PRODUCT, SERVICE, BY THE BLADENET AND /OR OUR
SERVICE PROVIDER SPORTS GATEWAY ; AND (C) NOT NECESSARILY REFLECTIVE OF
THE VIEWS OR POLICY OF THE BLADENET AND /OR OUR SERVICE PROVIDER SPORTS
GATEWAY , INCLUDING THE PUBLISHER, CONTRIBUTORS, CONTENT PROVIDERS AND
ADVERTISERS ON THE SITE, AND THE OFFICERS, DIRECTORS AND EMPLOYEES OF
THE BLADENET AND /OR OUR SERVICE PROVIDER SPORTS GATEWAY . Links to Third Party Websites and Third Party Site
Content
The Site and BladeNET and /or our Service Provider Sports Gateway Services
provide you with links to third party websites, including links to the
websites of other providers of content to the BladeNET and /or our Service
Provider Sports Gateway ("Third Party Links"). You acknowledge
and agree that the Site are providing these links to you only as a convenience,
and that BladeNET and /or our Service Provider Sports Gateway is not responsible
for the availability of such Third Party Links or for the content contained
therein. A User's correspondence with or participation in promotions of
advertisers, sponsors or other third parties found on the Site, including
payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between the User and the advertiser,
sponsor, or any other third party. All rules, policies (including privacy
policies) and operating procedures of such advertisers, sponsors, or any
other third party will apply to you while on their websites. The BladeNET
and /or our Service Provider Sports Gateway is further not responsible
for information provided by you to such advertisers, sponsors, or other
third parties.
YOU SPECIFICALLY AGREE THAT YOUR DEALINGS WITH SUCH ADVERTISERS, SPONSORS,
OR ANY OTHER THIRD PARTY IS AT
YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY THE BLADENET AND
/OR OUR SERVICE PROVIDER SPORTS GATEWAY . YOU SPECIFICALLY AGREE THAT
UNDER NO CIRCUMSTANCES WILL THE BLADENET AND /OR OUR SERVICE PROVIDER
SPORTS GATEWAY BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY
LOSSES AND DAMAGES THAT YOU MAY INCUR DUE TO YOUR USE OF SUCH LINKS OR
RELIANCE ON ANY CONTENT OR INFORMATION ON SUCH THIRD PARTY WEBSITES OR
FOR ENTERING INTO ANY TRANSACTION WITH SUCH THIRD PARTIES AND IN ALL CASES
YOUR SOLE RECOURSE IS TO SUCH THIRD PARTIES. Computer Viruses
While the BladeNET and /or our Service Provider Sports Gateway makes every
reasonable effort to ensure that the BladeNET and /or our Service Provider
Sports Gateway Services made available do not contain computer viruses
and other destructive elements, you acknowledge and agree that, prior
to your use of any part of the Site or BladeNET and /or our Service Provider
Sports Gateway Services, it is solely your responsibility to 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 BladeNET and /or our Service
Provider Sports Gateway Services. Termination
The User agrees that the BladeNET and /or our Service Provider Sports
Gateway may terminate the User’s use of the Site and BladeNET and
/or our Service Provider Sports Gateway Services if the BladeNET and /or
our Service Provider Sports Gateway believes (a) that the User has violated
or acted inconsistently with the letter or spirit of the terms and conditions
of the Terms of Use Agreement, or (b) that the User has violated the rights
of the BladeNET and /or our Service Provider Sports Gateway or other Users
of the Site or third parties. The User further agrees that the BladeNET
and /or our Service Provider Sports Gateway may terminate the User's ID
and Password and use of the Site and BladeNET and /or our Service Provider
Sports Gateway Services if the User fails to use the Site or BladeNET
and /or our Service Provider Sports Gateway Services at least one time
during a reasonable period of time as determined by the BladeNET and /or
our Service Provider Sports Gateway from time to time which period shall
not initially be less than three months. The User acknowledges and agrees
that any termination of BladeNET and /or our Service Provider Sports Gateway
Services under the terms and conditions of the Terms of Use Agreement
may be effected without prior notice, and upon termination of BladeNET
and /or our Service Provider Sports Gateway Services the Site may immediately
delete e-mail files
and other information in the User's account and bar any further access
to such files or information on the Site and BladeNET and /or our Service
Provider Sports Gateway Services. The provisions of this Terms of Use
Agreement relating to proprietary rights, disclaimers, limitations of
liability and indemnification shall survive termination. Limitation of Liability
THE USER AGREES THAT IN NO EVENT SHALL THE BLADENET AND /OR OUR SERVICE
PROVIDER SPORTS GATEWAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OF
OR THE INABILITY TO USE BladeNET AND /OR THE SERVICE PROVIDER SPORTS GATEWAY
SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR
RESULTING FROM THE USER'S RELIANCE AND USE OF CONTENT ON THE SITE OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE USE OF BLADENET
AND /OR OUR SERVICE PROVIDER SPORTS GATEWAY SERVICES OR RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR
OTHER INTANGIBLE, EVEN IF THE BLADENET AND /OR OUR SERVICE PROVIDER SPORTS
GATEWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER
FURTHER AGREES THAT THE BLADENET AND /OR OUR SERVICE PROVIDER SPORTS GATEWAY
SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION
OR TERMINATION OF BLADENET AND /OR OUR SERVICE PROVIDER SPORTS GATEWAY
SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL
CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION
OR
TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT
OR ADVERTENT. Indemnification
The User agrees to indemnify, defend and hold harmless the BladeNET and
/or our Service Provider Sports Gateway and its officers, directors, agents
and employees, from and against any and all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from the User's
violation of the terms of the Terms of Use Agreement, any activity related
to the use of BladeNET and /or our Service Provider Sports Gateway Services
(including negligent or wrongful conduct) by the User or any other person
accessing the Site using the User's ID and Password, the User's connection
to the Site and BladeNET and /or our Service Provider Sports Gateway Services
or the User's violation of any rights of another, including any claim
or demand made by any third party due to or arising out of User's use
of the Site and BladeNET and /or our Service Provider Sports Gateway Services. Notice
Any notice to the User or to The BladeNET and /or our Service Provider
Sports Gateway shall be made via either e-mail or regular mail delivered
to the last known address of each. General
The User's use of the Site and BladeNET and /or our Service Provider Sports
Gateway Services, the terms and conditions of the Terms of Use Agreement
and the relationship between the User and the BladeNET and /or our Service
Provider Sports Gateway shall be governed by the laws of the Province
of Ontario, Canada without regard to conflicts of law principles. The
User agrees that jurisdiction over and venue in any legal proceeding directly
or indirectly arising out of or relating to the Site and BladeNET and
/or our Service Provider Sports Gateway Services shall be in the provincial
courts of Ontario, Canada (and the User agrees not to commence any litigation
relating thereto except in such courts). A printed version of the Terms
of Use Agreement and of any notice given in electronic form of the Terms
of Use Agreement shall be admissible in judicial or administrative proceedings
to the to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in
printed form. The User agrees that regardless of any statute or law to
the contrary, any cause of action or claim the User may have with respect
to the Site and BladeNET and /or our Service Provider Sports Gateway Services
must be commenced within six (6) months after the claim or cause of action
arises or be forever barred.
The BladeNET and /or our Service Provider Sports Gateway 's failure to
insist upon or enforce strict performance of any provision of the Terms
of Use Agreement shall not be construed as a waiver of any such provision
or right.
Neither the course of conduct between the parties nor trade practice shall
act to modify any of the terms and conditions contained in the Terms of
Use Agreement.
The BladeNET and /or our Service Provider Sports Gateway may waive their
rights and duties under the terms and conditions of the Terms of Use Agreement
to any party at any time without notice to you.
If any part of the terms and conditions of the Terms of Use Agreement
is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and limitations
of liability set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder
of the terms and conditions of the Terms of Use Agreement shall continue
in effect.
Unless otherwise specified herein, the specified terms and conditions
of the Terms of Use Agreement herein constitute the entire agreement between
you and the BladeNET and /or our Service Provider Sports Gateway with
respect to your use of the Site and BladeNET and /or our Service Provider
Sports Gateway Services and it supercedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between
you and the BladeNET and /or our Service Provider Sports Gateway. |
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