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Terms and Conditions of Use

Acceptance of Terms and Conditions of Use

By using or visiting TCS Athletics LIVE website (the “Website”), or by ordering, purchasing or otherwise utilizing in any way any Trinity College School (“TCS”) and/or Gameonstream Inc. (“GOS”) products, software, data feeds, and/or services provided to you on, from, or through the Website (collectively, the "Services"), you confirm your agreement (1) to these terms and conditions of use (the "Terms of Use") and (2) to TCS’s and GOS’s Privacy Policy, located at http://tcs.gameonstream.com/privacy and incorporated herein by reference.  If you do not agree to these Terms of Use or to TCS’s and GOS’s Privacy Policy, please do not use or visit the Website or utilize the Services.

Although TCS or GOS may attempt to notify you when significant changes are made to these Terms of Use, you should periodically review the most up-to-date version, which can be found at http://tcs.gameonstream.com/terms.  TCS and GOS may, in their sole discretion, modify or revise these Terms of Use at any time, and you agree to be bound by such modifications or revisions.  Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

The Services

These Terms of Use apply to all users of the Services, including users who are also contributors of Content on the Website.  The Services include all aspects of TCS and GOS, including but not limited to all products, software and services offered via the Website, which include various features, functions and services such as live and on-demand video offerings and other interactive and non-interactive features, some of which may require an access fee in the form of subscriptions, pay-per-view, or both and all of which may be updated, deleted or otherwise modified from time to time at the discretion of TCS and GOS.    

“Content” means, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to TCS or GOS for use in connection with the Website, the Servcies or otherwise in connection with GOS’s GameOnStream technology, and includes, without limitation, video and audio footage, photographs, text, images, statistics, logos and other media and intellectual property related to or otherwise associated with TCS and GOS, its users and subscribers, and organizations, teams, athletes and spectators involved in any sport and/or event utilizing GOS’s GameOnStream technology.  

TCS and GOS do not guarantee the quality and/or availability of Content, which is subject to transmission limitations of the internet, including, but not limited to, video and/or audio dropouts, rebuffering and loss of connection.  Programming and pricing are subject to availability and change at TCS’s and/or GOS’s sole discretion.  Blackout restrictions may apply to the Services.  Users require a high speed internet connection to view Content.  

The Website may contain links to third party websites that are not owned or controlled by TCS or GOS.  Neither TCS or GOS has control over, and assumes no responsibility for, the policies or practices of any third parties or the content and services offered on and through their websites.  In addition, neither TCS or GOS will or can censor or edit the content of any third-party website.  By using the Services, you expressly release TCS and GOS from any and all liability arising from your use of any third-party website.  Accordingly, we strongly encourage you to be aware when you leave the Website and to read the terms and conditions (including any privacy policy) of each other website that you visit.

TCS Athletics LIVE/TCS and GOS Accounts

In order to access some features of the Services, you will be required to subscribe to the Services by establishing a TCS Athletics LIVE/TCS and GOS account.  You are prohibited from using any other user's account without TCS’s, GOS’s and such user’s express written permission, which permission may be denied in TCS’s and/or GOS’s sole discretion.  When establishing your account you must provide accurate and complete information.  You are solely responsible for maintaining the confidentiality and security of your user name and password and for all activity on your account.  You must notify TCS and GOS immediately of any breach of security or unauthorized use of your name, password or account.  You shall be held liable for any loss or damage to TCS, GOS and any third party arising from or related to your failure to comply with this provision and/or caused by any unauthorized use of your account.  

Subscription activation and subsequent ability to access subscription and pay-per-view Content may require payment via major credit card and also may be subject to the approval of your credit card carrier and verification of any other information that you submit or that is otherwise obtained by TCS and GOS (e.g., your IP address).  

General Use of the Services – Permissions and Restrictions

TCS and GOS hereby grant you permission to access and use the Services as set forth in these Terms of Use, provided that:

1.  You access and use the Website and Services solely for lawful purposes and for your personal, non-commercial use.  For greater clarity, you may not use the Website or Services to, without limitation: (a) infringe the rights of, restrict or inhibit anyone else's use or enjoyment of the Website; (b) distribute any personal information of any users, except in accordance with the Privacy Policy; (c) invade another person's privacy or, except in accordance with the Privacy Policy, collect or store personal information; (d) "stalk" or otherwise harass another; (e) cause any harm to minors; (f) unlawfully use, possess, post, upload, transmit, disseminate or otherwise make available obscene, profane or pornographic material; (g) post, upload, transmit, disseminate or otherwise make available content that is unlawful, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive or objectionable (as determined by TCS and/or GOS in their sole discretion); (h) promote or incite hatred; (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (j) post, upload, transmit, disseminate or otherwise make available objectionable information, including, without limitation, any transmissions constituting, assisting or encouraging conduct that would constitute a criminal offense, give rise to potential or actual civil liability, or otherwise violate any applicable law or regulation; (k) obtain unauthorized access to TCS’s and/or GOS's computer systems.

2.  You agree not to distribute in any medium (whether now or hereinafter in existence) the Services or the Content, in whole or in part, without TCS’s and GOS's prior written authorization, unless TCS and GOS permit such distribution under the terms of your TCS Athletics LIVE/TCS and GOS subscriptions or make available the means for such distribution through functionality offered by the Services and such distribution is expressly authorized by TCS and GOS in connection with such Services.

3.  You agree not to revise, alter or modify the Services, in whole or in part.

4.  You agree not to access Content through any technology or means other than the video playback and/or live streaming pages of the Website itself or other expressly authorized means TCS and GOS may designate from time to time, in its sole discretion.

5.  You agree not to use or permit the use of the Website or the Services for any of the following commercial uses unless you obtain the prior written approval of TCS and GOS:

(i) the sale of access to the Services and/or Content;

(ii) the sale of advertising, sponsorships, or promotions for placement on or within the Services or Content; or

(iii) the sale of advertising, sponsorships, or promotions for placement on any page of an ad-enabled blog or website containing Content delivered via the Services, unless other material not obtained from TCS and GOS appears on the same page and is of sufficient value to be the basis for such sales, as determined by TCS and GOS in their sole discretion.

6.  You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that access the Website and/or Services in a manner that sends more request messages to the TCS and GOS servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, TCS and GOS grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. TCS and GOS reserves the right to revoke these exceptions either generally or in specific cases.

7.  You agree not to collect or harvest any personally identifiable information, including subscriber names, from the Website and Services, or to use the communication systems provided by the Website and Services (e.g., comments, email) for any commercial solicitation purposes.  You agree not to solicit, for commercial purposes, any users of the Services with respect to their Content.

8.  In accessing the Website and utilizing the Services, you agree to comply with all applicable laws.

9.  TCS and GOS reserves the right to discontinue the Website and/or any aspect of the Services at any time.

Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

The Content and the trademarks, service marks and logos ("Marks") used on and in connection with the Website and Services, are owned by or licensed to TCS and GOS, subject to trademark, copyright and other intellectual property laws.

Content is provided to you AS IS.  You may access Content for your information and personal use solely as intended through the provided functionality of the Services and as permitted under your TCS Athletics LIVE/TCS and GOS subscription agreement and these Terms of Use.  You shall not download any Content unless you see a “download” or similar link displayed on the Website or in connection with that particular Content.  Other than as permitted under the terms of your subscription agreement, you shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of TCS and GOS or the licensors of the Content.  TCS and GOS and its licensors reserve all rights in and to the Services and the Content that are not expressly granted herein.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Website and the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein (including, but not limited to, blackout restrictions).  Breach of this provision will subject your account to immediate termination and TCS and GOS reserves the right to seek damages in connection therewith and to report such misconduct to appropriate law enforcement authorities.

You understand that when using the Services, you will be exposed to Content from a variety of sources, and that TCS and GOS is not responsible for the accuracy, usefulness, safety or other matters not within TCS’s and GOS’s control of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TCS and GOS with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless TCS and GOS, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your access and use of the Website and Services.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TCS AND GOS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND SERVICES AND YOUR USE THEREOF. TCS AND GOS MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR (I) ANY 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 WEBSITE AND/OR THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF TCS’S OR GOS’S SECURE 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 WEBSITE OR SERVICES OR ISSUES REGARDING THE QUALITY OF ANY BROADCAST OR OTHER CONTENT INCLUDING, BUT NOT LIMITED TO, CAMERA ANGLES, IN-GAME GRAPHICS, AUDIO OR VIDEO QUALITY, COMMENTARY, OR CONTENT, IN FULL OR IN PART, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICES BY ANY THIRD PARTY, AND/OR (V) 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 SERVICES. NEITHER TCS NOR GOS WARRANTS, ENDORSES, GUARANTEES, OR ASSUMES RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NEITHER TCS NOR GOS WILL BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  

Limitation of Liability

IN NO EVENT SHALL TCS OR GOS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) ANY 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 WEBSITE OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF TCS’S OR GOS’S SECURE 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 WEBSITE OR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND REGARDLESS OF WHETHER TCS AND/OR GOS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER TCS NOR GOS SHALL BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website and Services are controlled and offered by TCS and GOS from their respective facilities in Canada. Neither TCS nor GOS make any representations that the Website and/or Services are appropriate or available for use in other locations. Users who access or utilize the Website and/or Services from other jurisdictions do so at their own risk and in addition to the requirement that they comply with these Terms of Use are responsible for compliance with local law.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless TCS and GOS, their respective parent and affiliate corporations (as applicable), officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your access to and use of the Website and Services; (ii) your violation of any provision of these Terms of Use; (iii) your violation of any third party right, including without limitation any trademark, copyright, property, or privacy right; and/or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive these Terms of Use and your access to and use of the Website and Services.

Ability to Accept Terms of Use

You affirm that you are over 18 years of age, or an emancipated minor, or possess legal parental or guardian consent to use the Website and Services, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TCS and GOS without restriction.

Termination

TCS and GOS shall have the right to terminate your subscription and your access to the Website and Services immediately in the event of any conduct by you which TCS and/or GOS, in their sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use.  Upon termination of your subscription pursuant to your subscription agreement, your access to and use of the Website and Services shall cease.

General

You agree that the Website and Services shall be deemed solely based in Ontario and the Website is a passive website the operation of which does not give rise to personal jurisdiction over TCS and/or GOS, either specific or general, in jurisdictions other than the Province of Ontario.  These Terms of Use shall be governed by the laws of the Province of Ontario, without respect to its conflict of laws principles.  Any claim or dispute between you and TCS and GOS that arises in whole or in part from the access to and operation and use of the Website and/or Services shall be decided exclusively by a court of competent jurisdiction located in Toronto, Ontario.  

These Terms of Use, together with the TCS and GOS Privacy Policy (located at http://tcs.gameonstream.com/privacy) and any other legal notices published by TCS and/or GOS on or in connection with the Website and/or the Services, shall constitute the entire agreement between you and TCS and GOS concerning the Services.  If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision, and TCS and GOS's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

TCS and GOS reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes.

Your use of the Website and the Services following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

YOU AND TCS AND GOS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION FIRST ARISES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Dated: September 2, 2014