| Our Terms of Use |
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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. |
