Terms of Use

This site is operated by Score Media Ventures Inc. (“SMV”). The following terms and conditions (collectively “Terms of Use”) apply to all websites operated by Score (referred to individually and collectively hereinafter as the “Site”). PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR USING THIS SITE AND/OR SUBMITTING INFORMATION TO US YOU ARE AGREEING TO THESE TERMS OF USE. If you do not agree to these Terms of Use, please do not use this Site. SMV recommends that you print a copy of these Terms of Use and the Privacy Policy for your records.

1. Intellectual Property Rights Notices

All material on this Site, including but not limited to, all text, data, sound, visual images, graphics, site design, software, programming, and all other content, and the selection, organization, functionality, performance and arrangement of the foregoing (each individual and collectively, the “Content”), is owned or licensed by Score Media Inc. (the “Content Owner”). The Content Owner and/or its licensors own the copyright in all such materials unless otherwise indicated. The trade-marks (including all logos and designs) appearing on this website are the property of The Score Television Network Ltd. (“Score TV”) unless otherwise noted, and are used under licence if not being used by Score TV directly. All trademarks that are not the property of Score TV are the property of their respective owners. You agree that if you do obtain permission from the Content Owner to copy a portion of the Content, such copies shall retain all trade-mark, copyright and other proprietary notices in the same form and manner as on the original.

2. Restrictions on Use

The Content Owner permits you to access, use and print a copy of the Content on this Site from your personal computer for your own personal use. You shall not modify, publish, transmit, transfer, upload, download, hyperlink to, frame, sell, reproduce, create derivative works from, distribute, perform, display, or in any way otherwise use or exploit the Site or any of the Content in any manner, in whole or in part, except as expressly permitted in this Agreement or with the prior written consent of the Content Owner. Use of the Site or its Content for any purpose other than as expressly permitted in these Terms of Use (including use of any such material on any other web site or networked computer environment) is a violation of the Content Owner’s (and/or its licensors’) intellectual property rights and other proprietary rights. Any use of the Site or the Content in whole or in part for any other purpose is strictly prohibited and may subject you to civil and criminal liability.

If you require further information on a permitted use or license to reproduce, republish or hyperlink to any Content, address your inquiry to: copyright@scoremediaventures.ca.

3. Disclaimers

No Reliance - ALL OF THE CONTENT CONTAINED ON THIS SITE IS PROVIDED TO YOU FOR INFORMATION PURPOSES ONLY. Information and Content provided by SMV and other sources on this Site is believed to be accurate and reliable when placed on the Site, but we cannot guarantee it is accurate or complete or current at all times. SMV shall not be responsible for any detrimental reliance you may place on this Site.

No Site Warranties - This Site and its Content, services, functionality and hyperlinks are provided on an “as is, as available” basis and without representations, warranties or conditions of any kind, either express or implied. SMV does not warrant that the Site and its Content will be available, uninterrupted or error-free, that defects will be corrected, or that the Site or server on which the Site is hosted are free of viruses or other harmful components. You agree that SMV will not be liable for loss or damage to your computer, data, or computer and telecommunications systems as a result of your use of this Site. SMV does not represent or warrant that the information and Content accessible via this Site is accurate, complete or current. You expressly agree that the entire risk with respect to your use of this Site is assumed solely by you.

Security - Except as expressly stated in our Privacy Policy, SMV does not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in the course of your use of this Site or any hyperlinked website.

General - TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SMV DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

4. Limitations of Liability

(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMV AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, REPRESENTATIVES AND LICENSORS (COLLECTIVELY, THE “SMV PARTIES”) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED SAVINGS, INTERRUPTION OF ACTIVITIES, OR ANY OTHER PECUNIARY OR ECONOMIC LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE DESCRIBED OR PROVIDED ON THIS SITE. IN NO EVENT SHALL ANY SMV PARTY BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY HYPER-LINKED WEBSITE.

(b) IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SMV PARTIES’ COMBINED TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION, SHALL BE LIMITED IN THE AGGREGATE TO $50.

(c) You agree that all of the foregoing limitations of liability are comprehensive and apply to all damages, losses, expenses, claims and causes of action of any kind, whether arising from breach of contract, tort (including negligence), strict liability or otherwise, and even if any of the SMV Parties have been advised of or could reasonably foresee the possibility of such damages, losses, expenses and claims occurring.

5. Indemnity

You agree to indemnify, defend and hold harmless the SMV Parties from and against any and all claims, demands, actions, liability, losses, costs and expenses (including legal fees and expenses) arising from or related to: (i) any use or alleged use of this Site under your password or other unique identifier by any other person, whether or not authorized by you, (ii) your breach of these Terms of Use, and (iii) your violation of any law or the rights of any SMV Party or any third party arising out of your use of or inability to use this Site, its Contents, any hyperlinked website, and any of the products and services made available on this Site. SMV reserves the right to assume and delegate the exclusive defense and control of any claims, demands and actions arising in connection with this indemnity and you agree to cooperate with SMV’s and its designees’ defence of these claims, demands and actions.
6. Privacy Policy

During your use of this Site, you may voluntarily submit personal information to SMV. We are committed to ensuring responsible practices in the collection, use and disclosure of your personal information in accordance with applicable law. Please click here to review our Privacy Policy (the “Privacy Policy”). The terms and conditions of the Privacy Policy are incorporated by reference into and form a binding part of these Terms of Use. BY SUBMITTING PERSONAL INFORMATION TO SMV OR ITS SERVICE PROVIDERS AND AGENTS, YOU AGREE TO OUR COLLECTION, USE AND DISCLOSURE OF SUCH PERSONAL INFORMATION FOR THE PURPOSES FOR WHICH YOU SUBMITTED THE INFORMATION, AND AS DESCRIBED IN AND IN ACCORDANCE WITH OUR PRIVACY POLICY, AND AS PERMITTED OR REQUIRED BY LAW. If you do not agree with our Privacy Policy, please do not provide SMV with any personal information.

7. Modification or Termination of Site Features

SMV reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of this Site at any time for any reason without prior notice to you and without any liability to you for doing so. SMV may change, suspend or discontinue all or any aspect of this Site at any time, including the availability of any feature or Content, without prior notice and without liability to you for doing so.

8. Contest/Game Rules

We may occasionally offer you the opportunity to enter into contests, games and prize drawings subject to any further terms and conditions or contest rules. By entering into such contents and games, you agree to be bound by such additional terms, conditions and rules.

9. Links to Third Party Sites

This Site may contain hyperlinks to third party websites, which are provided only as a convenience and do not necessarily imply endorsement of the linked website by SMV. Access to and use of any other website linked to the SMV Site is at your own risk and SMV is not responsible for the availability, accuracy or reliability of the contents of any linked website or any link contained in a linked website.

10. Changes to the Terms of Use

SMV reserves the right, at any time, to modify these Terms of Use, and you agree to be bound by such modifications. Such modifications shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to by electronic or conventional mail. Your use of this Site following any such notice constitutes your agreement to follow and be bound by the Terms of Use as modified. If at any time these Terms of Use are no longer acceptable to you, you should immediately cease all use of this Site.

11. Feedback and other Visitor Materials

This Site may enable you to provide us with feedback, comments, survey results, photographs and other materials by email or otherwise (“Visitor Materials”). If you provide Visitor Materials you hereby grant SMV a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable right to use, modify, reproduce, publish, create derivative works of, distribute and display such Visitor Materials world-wide in any media, now known or hereinafter developed, and you waive your moral rights in such Visitor Materials.

12. Submission of Creative Materials:

SMV and its affiliates do not accept and/or review unsolicited creative material of any kind. Any unsolicited materials sent to us by any means whatsoever will be returned unread and/or discarded at our sole discretion. Please do NOT submit materials via the Site or email. We assume absolutely no responsibility relating thereto and will not respond to any unsolicited submissions sent via the Site or email. Any material you send will not be treated as confidential.

13. Jurisdiction and Governing Law

SMV makes no representation that this Site and the Content are appropriate or available for use in all locations. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.

These Terms of Use (including the Privacy Policy) and your use of this Site shall be construed in accordance with and governed by the laws in force in the Province of Ontario and the federal laws of Canada applicable therein, without reference to any choice of law or conflict of law principles. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario for any claim related to these Terms of Use (including the Privacy Policy) and your use of this Site, and agree not to bring any action, claim, suit or proceeding against SMV, its affiliates or agents (or any officer, director, or employee thereof) in any jurisdiction other than the Province of Ontario.

14. General

If any provision of these Terms of Use (including the Privacy Policy) are deemed unlawful or unenforceable by a court of competent jurisdiction, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use comprise the entire agreement between you and SMV, and supersede all prior agreements between the parties, regarding the subject matter contained herein.

15. Acceptance

YOU HEREBY AFFIRM THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY.

Last Updated: September 29, 2005