PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE STREAM SUBSCRIPTION SERVICES OR CHECKING THE "I ACCEPT THE TERMS AND CONDITIONS AND THE PRIVACY POLICY" BOX ON THE ONLINE ORDER FORM, YOU AGREE, WITHOUT LIMITATION OR LIMITATION, TO BE BOUND BY THE TERMS, CONDITIONS AND DISCLAIMER SET FORTH ABOVE IN THIS AGREEMENT IN THE AGREEMENT, AS AMENDED FROM TIME TO TIME.
GENERALLY
The Canadawest.tv streaming subscription service (the "Service") offered through the Site is provided by the YAREtv platform operated by Visaic Canada ULC ("Visaic") in association with the Canada West Universities Athletics Association ("CW"). Visaic provides streaming platform services that allow content providers to deliver sports and entertainment audiovisual content over the Internet to certain Internet-connected devices, such as personal computers, cell phones, desktop televisions and other devices.
SERVICE DESCRIPTION
The Service allows website visitors to subscribe to live and on-demand streaming of select CW events ("Premium Content") on the website.http://www.Canadawest.tv(the Site"). The Site provides the ability to access live and VOD events, Canadawest.tv sports content, schedules and other general site content. To access Premium Events offered on the Service, User must subscribe to the Service and complete a order form (the "Order").
PAYMENT FEES AND CONDITIONS
A subscription or pay-per-view access fee is required to access premium content. Registered Users may access Premium Content (i) by paying a subscription fee to access certain Seasonal Packs of Premium Content during the applicable period ("Subscription Fee"); or (ii) pay a one-time fee to access certain Premium Content live for a period of time ("Pay Per View Fee"). Current order rates (the "Fees") applicable to the Services are available at http://Canadawest.yaretv.com/packages.php. Fees associated with the Services, together with any applicable taxes, will be automatically charged to the credit card (the "Account Credit Card") you provided to Visaic during or after the order process. You represent that you are the credit card holder of the account and that the relevant information required to process any charges is current at all times. You must notify us of any change of address or other relevant information in a timely manner. If the credit card on the account expires, you must notify us of the new expiration date before the previous expiration date expires. Visaic reserves the right to charge an administrative fee for each failed credit card transaction. If you would like to provide a different credit card or if there is a change to the credit card on the existing account, please email us to let us know.[Email protected]You agree to pay all fees associated with using the Service through your order, including any applicable taxes, at the rates in effect at the time such fees were incurred. Unless otherwise specified herein, all fees are non-refundable. I understand that payment will be processed by Visaic Canada ULC and that CANADAWEST.TV | YARETV is the name that will appear in my transaction log. Please note that the Fees do not include any applicable fees or charges for accessing or receiving notifications or other information from the Site or any of the Services through any Internet service provider, mobile phone or other third party. Accounts remain active for the period specified in the order. Partial periods are non-refundable. Accounts can be canceled via email.[Email protected]and providing your account name and login.
TECHNICAL REQUIREMENTS
You are responsible for all hardware, software and internet connection required to access the Services. We will take reasonable steps to ensure that the Service is available at all times; however, the Service is provided "as is". Sports streaming viewing quality may vary from computer to computer and device to device and may be affected by many factors including: B. Your location, available bandwidth and/or speed of your Internet connection. In certain locations, technical and video requirements associated with the production of broadcasts may be provided by student or staff volunteers. We will not be liable to you for the cancellation or abandonment of an Event or your failure to display an Event as scheduled, or your inability to view an Event on a particular Platform Device. Certain software used to provide the Service may vary by device and media, and functionality may also differ between devices. You acknowledge that use of the Service may require third party software subject to third party licenses.
CONTENT USE RESTRICTIONS
The Services and Content are for your personal, non-commercial use, entertainment and enjoyment. You may not reproduce, duplicate, copy, translate, transmit, publicly display, sell, transmit, rebroadcast, license, sublicense, publish or modify the Services or the Content without the prior written consent of Visaic and Canadawest.tv. You agree that your access to Premium Content is limited to simultaneous access on two (2) or fewer different devices at any one time, and we reserve the right to force you to log out of your account or restrict login access if we determine, in at our sole discretion, that your account is logged in on more different devices at the same time than is permitted.
TERMINATION OF VISA
Visaic reserves the right to cancel your order and your access to the Website and the Premium Service at any time and for any reason, including, but not limited to, if the credit card account is invalid for any reason, if Visaic fails to complete payment received if a password is shared or if Visaic determines, in its sole discretion, that your use of the Service violates or violates the Terms of Service. Such termination by Visaic will be in addition to and without prejudice to any rights and remedies available to Visaic, including injunctive relief and other appropriate remedies. The Disclaimers, Limitations of Liability and Indemnity Provisions will survive any termination or expiration of your order and this Agreement.
DISCLAIMER OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VISAIC, ITS AGENTS, SUBSIDIARIES, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE SUBSIDIARIES (COLLECTIVELY, THE "VISAIC GROUP") MAKE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR REPRESENTATIONS (COLLECTIVELY, THE "WARRANTY") OF ANY KIND, express or implied, in connection with all matters mentioned herein, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, title, accuracy, adequacy, reliability, absence of of absence or completeness of infection or viruses, as well as any warranty ARISING OUT OF STATUTE OR OTHERWISE BY LAW OR FROM A COMMERCIAL OR COMMERCIAL USAGE. FURTHERMORE, VISAIC GROUP DOES NOT WARRANT THAT THE SITE, SERVICES OR CONTENT WILL BE CONTINUED OR OTHERWISE OPERATE WITHOUT INTERRUPTION OR OTHERWISE ON TIME, SECURE OR ERROR-FREE OR WILL MEET YOUR NEEDS OR EXPECTATIONS. LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL VISAIC (INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) BE LIABLE FOR ANY OF YOUR CLAIMS, LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, DAMAGES, SPECIAL OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF INFORMATION OR DATA, PROFITS, SAVINGS, REVENUE, BENEFIT OR VALUE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, THE SERVICES OR THE CONTENT (INCLUDING THE OPERATION USE OR ACCESS, OR INABILITY TO USE OR ACCESS, REGARDLESS OF WHETHER THE VISIAC GROUP HAS BEEN OR MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, DAMAGE OR LOSS. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY CONTAINED HEREIN APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL VISAIC'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO VISAIC FOR THE SERVICE. CERTAIN SERVICES ARE PROVIDED THROUGH NETWORKS AND FACILITIES, INCLUDING THE PUBLIC TELEPHONE NETWORK, WHICH ARE NOT UNDER VISAIC'S CONTROL. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL THE VISAIC GROUP BE LIABLE FOR ANY DELAY OR FAILURE IN THE PERFORMANCE OF THE WEBSITE, SERVICES OR CONTENT RESULTING DIRECTLY OR INDIRECTLY FROM INTERVENTIONS OF NATURE, FORCES OR CAUSES BEYOND ITS REASONABLE CONTROL, including, without throttling, internet failures, computer device failures, telecommunications device failures, other equipment failures, power failures, strikes, labor disputes, riots, up, civil unrest, manpower, material shortages, fires, floods , storms, actions of GOD, WARS, GOVERNMENT ACTIONS, VIRUSES, INFECTIONS, PANDEMICS AND CONNECTIONS OF NATIONAL OR FOREIGN COURTS OR COURTS.
You acknowledge and agree that the Services may be temporarily unavailable due to the interruptions described above. While Visaic makes reasonable efforts to minimize such downtime, Visaic cannot guarantee 100% availability of the Services. Accordingly, if you are dissatisfied with the Services for any reason, your sole and exclusive remedy is to stop using the Services in accordance with these Terms of Service. You expressly acknowledge that Visaic has determined the fees for the Services subscribed to in this Agreement and will provide the Services to you based on the limitations and exclusions of liability and disclaimers set forth herein and that the same form forms an essential basis of the agreement. between you and Visaic. You expressly agree that the limitations and exclusions of liability and disclaimers set forth in this document will survive and apply in the event of any material breach, failure of essential purpose, failure of exclusive remedy or termination of this Agreement.
REFUNDS
You are responsible for testing your system to ensure that you have sufficient bandwidth and processing power on your device to view the content. We will use reasonable efforts to ensure that the Service is available to you at all times. However, the Service is provided "as is". We will not be liable to you for the cancellation or abandonment of any Event, or your failure to display an Event as scheduled, or if you are unable to view an Event on any specific platform device not officially supported by the Service. No refunds will be given due to end-user and computer connectivity issues or poor production streams provided to Visaic by the school, including but not limited to: little or no audio, poor video quality, poor camera work, poor feedback, pixelation video, or temporary changes. power outages.
COMPUTER VIRUS
While Visaic uses reasonable efforts to ensure that the Services available on the Site are free of computer viruses and other harmful elements, you acknowledge and agree that, before using any of the Services, it is your sole responsibility to: (a) all take protective measures to protect against viruses and other harmful elements (including using up-to-date, industry-standard virus-scanning tools); and (b) ensure that you have a complete, current and secure backup copy of the relevant data and software items on your computer or other electronic device used to access the Site and Services.
PAYMENT OF DAMAGES
You agree to defend against and against Visaic, Visaic, its affiliates, licensors, co-brand partners and other partners and each of their respective officers, directors, employees and agents, including any third parties named on the Site, and to indemnify and hold harmless from any claim, suit or demand, including without limitation reasonable attorney and accounting fees, alleging or arising out of: (a) your violation of any of the Terms of Service; (b) your access to or use of the Site or Services; (c) your use of or reliance on, or your posting, communication or distribution of anything on or from the Site; or (d) your violation of any law or regulation.
PROHIBITED USE
You agree to comply with all applicable laws regarding your use of the Services. Visaic may investigate violations of law and cooperate with law enforcement authorities to prosecute users in this regard.
LAW AND JURISDICTION
Visaic controls, operates and administers the Site and Services from its offices in Canada. The Terms of Use shall be construed, interpreted and governed by the laws in force in the Province of British Columbia, Canada.
GENERALLY
This Agreement is personal to you and you may not assign your rights or obligations to any third party. The Terms of Use constitute the entire agreement between Visaic and you regarding your use of the Services and supersede any prior agreements between you and Visaic. The parties have requested that the Terms of Use and all related documents be drafted in English.
CONTACT US
You can contact us via email.[Email protected].