Terms of Service("Canada Games") provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
You can review the most current version of the TOS at any time : Terms of Service.
DESCRIPTION OF SERVICECanada Games provides users with access to an Event Information platform which may be accessed through various mediums or devices now known or hereafter developed (the "Service"). You understand and agree that the Service may include advertisements and that these advertisements are necessary for Canada Games to provide the Service.
You understand and agree that the Service may include certain communications from Canada Games, such as service announcements and administrative messages that are considered part of the Service, and that you cannot opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new Canada Games websites and mobile applications, is subject to this TOS. You understand and agree that the Service is provided "AS-IS" and that Canada Games assumes no responsibility for the timeliness, feature deletion, mis-delivery or failure to store any user data, or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Assent to Be BoundBy using the Service, you agree to be bound by the terms of this Agreement. If you do not agree with any term or condition, do not use the Services.
Your Registration ObligationsIn consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdictions. Canada Games is concerned about the safety and privacy of all its users, particularly children.
For this reason, parents who wish to allow their children access to the Service should assist them in setting up any relevant accounts and supervise their access to the Service. By allowing your child access to the Service, they will be able to access all of the Service. Please remember that the Service is designed to appeal to a broad audience.
Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content is appropriate for your child.
FeedbackIt is expressly understood, acknowledged and agreed that you shall, regardless of whether or not formally requested to do, provide to Canada Games reasonable suggestions, comments and feedback regarding the Services, including but not limited to usability, bug reports and test results, with respect to the Service (collectively, "Feedback").
If you provide such Feedback to Canada Games, you shall grant Canada Games the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up rights:
(i) to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any Canada Games product, technology, service, specification or other documentation (individually and collectively, "Canada Games Services");
(ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any Canada Games Service;
(iii) solely with respect to Licensee's copyright and trade secret rights, to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and
(iv) to sublicense to third parties any claims of any patents owned or licensable by Licensee that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the feedback or portion thereof incorporated into a Canada Games Service, technology or service.
Further, you warrant that your Feedback is not subject to any license terms that would purport to require Canada Games to comply with any additional obligations with respect to any Canada Games Products that incorporate any Feedback.
Member ConductYou understand that all materials, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.
This means that you, and not Canada Games, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Service. Canada Games does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Canada Games be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any Content posted, emailed, transmitted, or otherwise made available via the Service.
You agree that you will not use the Service to:
- Upload, post, email, transmit, or otherwise make available any Content that is harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful;
- Harm minors in any way;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- "Stalk" or otherwise harass another; or
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Canada Games or submitted to Canada Games that is available on any part of the Service.
You acknowledge and expressly consent to Canada Games accessing, preserving, and disclosing your account information and Content if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third-parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property, or personal safety of Canada Games, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
Content Submitted Or Made Available For Inclusion On The ServiceCanada Games does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Canada Games the following world-wide, royalty free and non-exclusive license(s), as applicable:
You irrevocably waive any moral rights or other rights with respect to attribution of authorship or integrity in the Content you submit.
IndemnityYou agree to indemnify and hold Canada Games and its subsidiaries, affiliates, officers, employees, agents, co-branders, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
No Resale of ServiceYou agree not to reproduce, duplicate, copy, sell, trade, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Modifications to ServiceCanada Games reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Canada Games will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
LinksThe Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Canada Games has no control over such sites and resources, you acknowledge and agree that Canada Games is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that Canada Games is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Canada Games Proprietary RightsCanada Games grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Canada Games for use in accessing the Service.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Canada Games or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Disclaimer Of Warranties, Representations, And ConditionsYOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Canada Games AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Canada Games AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, PARTNERS AND LICENSORS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Canada Games OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
Limitation of LiabilityYOU EXPRESSLY UNDERSTAND AND AGREE THAT Canada Games AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Canada Games HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
Exclusions and LimitationsSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
No Third Party BeneficiariesYou agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
NewsletterBy signing up to Canada Games you will be signing up to our newsletter. You can unsubscribe to the newsletter at anytime by following the directions at the botton of the newletter email.
NoticeNotices to you may be made via email. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you on the Service.
Trademark InformationYou agree that all of Canada Games’s trademarks, trade names, service marks and other Canada Games logos and brand features, and product and service names are trademarks and the property of Canada Games Inc. (the “Canada Games Marks”). Without Canada Games’s prior permission, you agree not to display or use in any manner the Canada Games Marks.
General InformationEntire Agreement. The TOS constitute the entire agreement between you and Canada Games and govern your use of the Service, superseding any prior agreements, oral or written, between you and Canada Games with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase certain Canada Games services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Canada Games shall be governed by the laws of the province of New Brunswick and Canada without regard to its conflict of law provisions. You and Canada Games agree to submit to the personal and exclusive jurisdiction of the courts located within the province of New Brunswick, Canada.
Waiver and Severability of Terms. The failure of Canada Games to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or related to the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Further Assurances. You agree to use reasonable efforts to do, make, execute, deliver, or cause to be done, made, executed, or delivered, all such further acts, documents, and things as Canada Games may reasonably require from time to time for the purpose of giving effect to these TOS, including regularly reviewing the TOS and updating your registration information. Language. The parties hereto have agreed that this Agreement and any of its accessories, including notice, be written in the English language. Les parties aux présentes ont exigé que ce contrat et ses accessoires, y compris tout avis, soient rédigés en anglais. The section titles in the TOS are for convenience only and have no legal or contractual effect.