Acceptance of Terms of this Agreement through Use
The Curling Canada Association (“CCA”) provides its member institutions, curling clubs, and individual participants with access to its registration system (“System”). By accessing or using the System you agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, please do not access or use the System.
The System is not intended for use by minors, especially those under age 13. To use the System, minors must get prior permission of their parent(s) and/or legal guardian(s). By your use of the System, you represent and warrant that you are the age of majority or have sought permission from your parent(s) and/or legal guardian(s).
You undertake to provide true, accurate, current and complete information.
You may not use the System:
- For the purposes of fraud or for any activity that contravenes the laws of Canada or any other applicable jurisdiction.
- To engage in activities that cause or are likely to cause disruption or denial of service to any user of the System.
- To impersonate any other person.
- To upload, post, e-mail or otherwise transmit:
- Any content that is offensive, obscene, unlawful, threatening, abusive, harassing, defamatory, hateful, invasive of another’s privacy or otherwise objectionable.
- Material which is designed to cause annoyance, inconvenience, or needless anxiety to others;
- Infringes the patent, trademark, trade secret, copyright or other proprietary right of any other party;
- Any unsolicited or unauthorized advertising or commercial material, “junk mail”, “spam”, “chain letter”, “pyramid scheme” or any other form of solicitation.
- Any material that contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment.
Disclaimer of Warranties
You expressly understand and agree that:
- Your use of the System is at your sole risk.
- The System and the materials provided on the System are provided “as is” and “as available” without representations, warranties or conditions of any kind, either express or implied.
- Any material downloaded, printed or otherwise obtained through the use of the System is done at your sole discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the downloading, printing or use of any such material.
- No advice or information whether oral or written, obtained by you from the System will create a warranty, entitlement or right owed to you.
- You will not use any automated device or process, such as a “bot” or a “spider,” to copy or extract information or content from the System.
Curling Canada has made reasonable efforts to ensure that the materials contained on the System are accurate. Curling Canada does not warrant or guarantee:
- The accuracy, currency or completeness of the materials;
- That the System will be available without interruption, error or omission;
- That defects will be corrected; or
- That the System and the server(s) that make it available are free from viruses or other harmful components.
Limitation of Liability and Indemnification
In no event will Curling Canada and its directors, committee members, contractors, agents and employees be liable for any loss, cost or damages whatsoever (including, without limitation, damages for harm to business, loss of profits, programs or data, interruption of activities or any other pecuniary or economic loss) whether direct, indirect, incidental, punitive, special, exemplary, consequential or otherwise arising out of any use or misuse of, or any defects, inaccuracies, errors or omissions in or on the System without regard to the form of action.
By choosing to access the System from any location other than Canada, you accept full responsibility for compliance with all local laws that are applicable. Curling Canada makes no representation that materials on the System are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from the System in violation of any applicable laws or regulations, including, but not limited to, any Canadian export laws and regulations.
Intellectual Property Rights
The information, content, graphics, text, sounds, images, buttons, trademarks, service marks, trade names and logos contained on the System are protected by copyright, trademark, database right and other intellectual property laws.
You are granted a limited license solely for your own personal, non-commercial use to refer to, bookmark, or point to any page within the System, and to download the materials contained on the System to a single personal computer and print a single hard copy of the materials contained on the System for your own personal reference, provided however that all copyright, trade mark and other propriety notices are left intact. The grant of this limited license is conditional on your agreement to, and compliance with, all of the terms of this Agreement. Any other use of the materials on the System, including any form of copying or reproduction, (for any purposes other than those noted above) modification, distribution, re-publication, extraction, re-utilization, incorporation, or integration with other materials or works or re-delivery without the prior written permission of Curling Canada, is strictly prohibited and is a violation of the proprietary rights of Curling Canada or its affiliates.
Modifications/Termination to this Agreement and ServicesCurling Canada reserves the right to change this Agreement at any time and your continued access to or use of the System after such changes indicates your acceptance of this Agreement as modified. It is your responsibility to review this Agreement regularly.
Curling Canada reserves the right to modify, suspend or discontinue the System, or any portion thereof with or without notice to you. Curling Canada will not be liable to you or any third party should it exercise its right to modify, suspend or discontinue services.
Privacy and Protection of Personal Information
Curling Canada acknowledges that they are governed by the Personal Information and Electronic Documents Act (PIPEDA) and will comply with such legislation.
The System is established and operated in accordance with the laws of Canada and this Agreement will be interpreted in accordance with the laws of the Province of Ontario. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding related to this System and agree not to commence any such action or proceeding except in Ottawa, Ontario, Canada.
This Agreement constitutes the entire agreement between you and the Curling Canada and governs your use of the System.
Your continued use of the System constitutes affirmative acknowledgement by you of the terms and conditions of the Agreement, including without limitation, any modifications or changes thereto.
If any portion of this Agreement is deemed by any court of competent jurisdiction to be illegal or unenforceable, then the remaining provisions of this Agreement will remain in full force and effect notwithstanding.