QMJHL LIVE PPV TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE (THE "AGREEMENT") CAREFULLY. BY USING THE OHL LIVE PPV SUBSCRIPTION WEBCASTS, OR BY CHECKING THE "I ACCEPT THE TERMS OF SERVICE" 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 QMJHL Live PPV Webcasts (the "Webcast") access offered through http://QMJHL.neulion.com/QMJHL/ (the "Site") is produced and made available by Endeavor Streaming, Inc. ("Endeavor Streaming").
DESCRIPTION OF SERVICE: The Site provides a service that enables website visitors to view a Webcast. To access such Service, the user must complete an order form (the "Order").
PAYMENT TERMS: The current order fees (the "Charges") applicable to the Webcasts are located at http://QMJHL.neulion.com/QMJHL/. The Charges applicable to the Webcasts, together with all applicable taxes, including GST and HST (depending on provincial residency but which are not applied to non-Canadian residents as per Canada Revenue Agency (CRA) legislation) will be billed automatically to the credit card (the "Account Credit Card") you designated during the Order process or subsequently designated to Endeavor Streaming. All Charges will be processed in Canadian dollars. Your subscription to the Webcasts may automatically renew, as indicated when you subscribe. 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. Endeavor Streaming 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 by e-mailing email@example.com. Except as provided below, the Charges will be processed and the Account Credit Card will be charged no later than five (5) days subsequent to delivery of the Service. 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. If you request a cancellation of a Monthly Pass (including your loss of access to the cancelled content) and it is granted, the cancellation will be effective as of the date you notify us and you will be refunded for the portion of that monthly subscription period not completed as of the cancellation date. If you request a cancellation of a Game Pass for a single game and it is granted, the Charge will be refunded to your credit card. I understand that Endeavor Streaming, Inc. will process my payment and that "Endeavor Streaming" 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 Webcasts, through an Internet, wireless or other third party service provider.
ENDEAVOR STREAMING TERMINATION: Endeavor Streaming reserves the right to terminate your Order and your access to the Site and Webcasts at any time and for any reason, including without limitation, if the Account Credit Card is invalid for any reason, if Endeavor Streaming does not receive payment, or where Endeavor Streaming has determined, in its sole discretion, that use of the Webcasts by you is, or was, in breach of the Terms of Service. Any such termination by Endeavor Streaming shall be in addition to and without prejudice to such rights and remedies as may be available to Endeavor Streaming, 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 ENDEAVOR STREAMING, ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE "ENDEAVOR STREAMING 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 ENDEAVOR STREAMING GROUP DOES NOT WARRANT THAT THE SITE, THE WEBCASTS 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 THE ENDEAVOR STREAMING GROUP (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 WEBCASTS OR ANY OF THE CONTENT (INCLUDING THE PERFORMANCE OF, USE OF, OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, SAME), REGARDLESS OF WHETHER THE ENDEAVOR STREAMING GROUP HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH CLAIM, LOSS OR DAMAGES. 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 ENDEAVOR STREAMING'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT PAID TO ENDEAVOR STREAMING BY YOU FOR THE WEBCASTS. CERTAIN WEBCASTS ARE PROVIDED THROUGH NETWORKS AND FACILITIES, INCLUDING THE PUBLIC TELEPHONE NETWORK, THAT ARE NOT UNDER THE CONTROL OF ENDEAVOR STREAMING.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL ENDEAVOR STREAMING GROUP BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF THE SITE, WEBCASTS 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 AND ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS.
You acknowledge and agree that the Webcasts may be temporarily unavailable as a result of disruptions as described above, including as a result of games being cancelled for reasons outside of Endeavor Streaming's control. While Endeavor Streaming makes every reasonable effort to minimize such downtime, Endeavor Streaming cannot guarantee the 100% availability of the Webcasts. Accordingly, if you are dissatisfied with the Webcasts for any reason, your sole and exclusive remedy is to discontinue use of the Webcasts in accordance with this Agreement. You expressly acknowledge that Endeavor Streaming has set the Charges for the Webcasts, entered into this Agreement, and has and will make the Webcasts 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 Endeavor Streaming. 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 breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this Agreement.
COMPUTER VIRUSES: While Endeavor Streaming makes every reasonable effort to ensure that the Webcasts 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 Webcasts, 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 Webcasts.
INDEMNITY: You agree to defend, indemnify and hold harmless each of Endeavor Streaming, 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, arising or resulting from: (a) your breach of this Agreement; (b) your access to or use of the Site or Webcasts; (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 Webcasts. Endeavor Streaming may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. The Webcasts are provided for your personal, non-commercial use. You may not distribute, reproduce, republish, display, transmit or use any material for public or commercial purposes without the written permission of Endeavor Streaming.
LAW AND JURISDICTION: The Site and Webcasts are controlled, operated and administered by Endeavor Streaming from its offices within Canada. This Agreement shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada.
COMMUNICATION: As part of the Web Site and/or Service(s) you agree to receive a series of ongoing communications regarding the Web Site and/or Service(s). Upon receipt of this communication you will have the option to opt-out or unsubscribe.
GENERAL: This Agreement is personal to you, and you may not assign your rights or obligations to anyone. This Agreement constitutes the entire agreement between Endeavor Streaming and you pertaining to your use of the Webcasts and supersedes any prior agreements between you and Endeavor Streaming. The parties have required that this Agreement and all documents relating thereto be drawn up in English.