Last Updated and Effective Date – October 11, 2016
1. This is a Legal Agreement.
These Terms of Service (the “Terms“) are a legal agreement between you and Maple Leaf Sports & Entertainment Partnership and its affiliates, including Maple Leaf Sports & Entertainment Ltd. (“MLSE“, “we” or “us“) governing your access to and use of the websites and online services that display or provide an authorized link to these Terms (collectively, the “Services“). The Services include, without limitation, mapleleafs.com, raptors.com, torontofc.com, marlies.com and any MLSE, MLSE team or MLSE venue branded mobile applications.
Third parties may operate portions of the Services and you agree that such third parties, their successors and permitted assigns, and their affiliates are third-party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as third-party beneficiaries hereof.
Please read the Terms carefully before using the Services. You may wish to print a copy of these Terms or save them to your device for future reference. Your use of the Services indicates your acceptance and agreement to be bound by the Terms. Do not use the Services if you do not accept the Terms. We may modify the Services or the Terms at any time, for example to reflect changes in laws or regulatory requirements. Any use of the Services by you after we post modifications to the Terms constitutes your acceptance of those modifications.
2. Prohibited Content and Activities.
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any other person or entity (each a “person“), interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, you may not:
- Impersonate any person or falsely state or otherwise misrepresent your credentials, affiliation with any person, or the origin of any information you provide;
- Engage in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information;
- Solicit, collect, transmit, store, or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers, or credit or debit card numbers;
- Obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Services;
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device, or network;
- Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Services. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited;
- Use or attempt to use another’s information, account, password, service, or system except as expressly permitted;
- Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our or our users’ computers, devices, or systems; or
- Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.
3. User Submissions.
Certain areas of the Services may enable you to post comments, send emails, or otherwise post, publish, submit, transmit, upload, send, or otherwise provide (“provide“) information to us or other persons. You remain fully responsible for the content and other materials that you provide to us or others in connection with the Services, including without limitation information, audio recordings, videos, photographs, documents, or other materials (“User Content“). You agree not to provide User Content that:
- Infringes on, misappropriates, or otherwise violates the copyright, trademark, patent, or other intellectual property right of any person;
- Is false, misleading, libelous, slanderous, defamatory, obscene, abusive, hateful, threatening, harassing, or sexually-explicit;
- Violates a person’s right to privacy or publicity;
- Contains advertising or a solicitation of any kind;
- Exploits, harms, personally attacks (personal attacks include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) or impersonates any person or entity, including an MLSE representative, an MLSE team representative, a current or former MLSE team player, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
- Transmits, stores, or otherwise makes available a virus, trojan horse, worm, time bomb, spyware, bot, or other harmful or deleterious programming routine;
- Transmits, stores, or otherwise makes available material which contains any material of a commercial nature, including but not limited to advertising, promotions, “junk mail”, “spam”, “pyramid schemes”, “chain letters”, or solicitation of any kind;
- Transmits, stores, or otherwise makes available material which is irrelevant to the subject matter of the Services;
- Contains epithets or other language or material intended to intimidate or to incite violence; or
- Violates any applicable local, state, national, or international law, or advocates illegal activity.
We also, to the extent permitted or required by law, have the right to disclose your identity to any third party who is claiming that any User Content you provide us or others in connection with the Services constitutes a violation of the third party’s intellectual property rights, of the third party’s right to privacy, or of any other applicable local, provincial, national, or international law.
If the Services permit you to provide us User Content, you may only provide User Content that is original and that you have the right to provide. By providing us User Content, you grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable, transferable, license to publish, reproduce, distribute, transmit, display, perform, edit, adapt, modify, translate, create derivative works of, sell, offer for sale, export, and otherwise use and exploit your User Content (or any portion thereof) in any way that we want and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your User Content to the extent permitted by applicable law. You represent that you have obtained all necessary permissions from any person or entity identified in or implicated by your submission (including those shown in photographic or video content), and, in the case of minors, also from their parents or legal guardians, as appropriate.
By providing your User Content to us, you agree to these Terms. If you do not want to grant us permission to use your User Content in accordance with these Terms, please do not provide it to us on our Services.
We are not obligated to publish or use your User Content. The posting or publishing of any User Content or MLSE Content (as defined in Section 7) is not in any way intended to state, suggest, or imply endorsement by MLSE, including as to the truth, validity, or reliability of the User Content or MLSE Content. MLSE is not responsible for any User Content or MLSE Content and has no duty to monitor the User Content or MLSE Content posted on the Services. You use any information contained in User Content or MLSE Content at your own risk. MLSE and its designees have the right, but not the obligation, in their sole discretion, to monitor, review, edit, remove, delete, disable, refuse, restrict, or terminate access to your User Content or the Services (in whole or in part) at any time, without prior notice and in our sole discretion, for any or no reason. The obligations that you have to us under these Terms shall survive termination of the Services, any use by you of the Services, any User Content on the Services, or these Terms. You shall not continue to post any User Content that we have previously advised you not to post.
You acknowledge that by submitting your User Content, no confidential, fiduciary, contractually implied, or other relationship is created between you and MLSE or between you and any of MLSE’s third party providers other than as expressly set forth in these Terms. You acknowledge that MLSE is not responsible for, and cannot and does not guarantee, the accuracy, completeness, or reliability of information in any User Content. You are solely responsible for your interactions with other users of the Services. You may use various features (e.g., the “Flag” within comments sections) to report violators within the User Content. We reserve the right, but have no obligation, to monitor disputes between you and other users.
If you are under the age of 13, you may not provide any User Content to us. If you are under the age of majority in your jurisdiction of residence but at least 13 years of age, subject to any applicable sweepstakes, contest, or other supplemental terms, you may provide User Content but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these Terms for the benefit of an individual between the ages of 13 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for his or her User Content and any legal liability that he or she may incur.
4. Subscription Services.
- Subscription Services. Certain Services may be available only through creation of a subscription account and payment of a fee (“Subscription Services“). Through such Subscription Services accounts, you will have access to the Subscription Services for a fixed term, which may renew automatically as described in these Terms. Please note that the billing and payment terms and policies specified at the time of subscription will apply.
- Access Restrictions. You are not authorized to access any Subscription Services unless you (i) have opened a subscription account with MLSE and paid the appropriate fee; (ii) have received access credentials (including a username and password), and (iii) are using those access credentials. You may not assist anyone else in accessing Subscription Services on an unauthorized basis, including by sharing, selling, publicly offering, or offering to sell your access credentials or providing any content or other materials that you obtained through Subscription Services to third parties or otherwise in violation of these Terms. You are responsible for maintaining the confidentiality of your access credentials and if you know or suspect that anyone other than you knows your access credentials, you must promptly notify us. You are also responsible for all usage or activity on your Subscription Services accounts, including the use of Subscription Services by any third party authorized by you to use your access credentials. Such responsibility expressly includes any purchases made or other charges incurred on your credit or debit card in connection with your use (or an authorized third party’s use) of the Subscription Services. In the event of any fraudulent, abusive, or otherwise illegal activity on your Subscription Services accounts, we may, in our sole discretion, terminate those accounts and refer you to appropriate law enforcement agencies. You may be responsible for damages from any such fraudulent, abusive, or otherwise illegal activity.
- Devices and Minimum System Requirements. Some Subscription Services and other video services, are accessible only using certain devices that meet certain minimum system requirements. You should investigate Subscription Services before you pay for access to them to ensure that they will be compatible with your device, because we will not refund any fees you paid if the Subscription Services to which you subscribe are not compatible. For some devices, the payment for Subscription Services may be processed by the device provider. Those payments will be governed by the device provider’s terms, including its cancellation and refund policy. Other restrictions, including restrictions on the availability of the devices or the Subscription Services in certain countries, may apply.
- Suspension or Termination. We may suspend or terminate your access to Subscription Services at any time without notice to you. If we do so, you will not be responsible for fees associated with the Subscription Services after the termination becomes effective, but you will not have any other remedies against us, and we will not issue any refunds. If you have breached or violated any obligation under these Terms, you will not be entitled to any remedy.
- Billing and Payment.
- Age and Billing Authorization.By subscribing to a Subscription Service, you confirm that you are at least 18 years of age, that all information you submit is true and correct (including all credit or debit card information), and that you are the authorized holder of the credit or debit card.
- Fees. You agree to pay all subscription fees and other charges to your Subscription Services accounts, including any applicable taxes. MLSE (or, where applicable, your device provider) reserves the right to change the amount of, or the basis for determining, any subscription fees or other charges for the Subscription Services and to institute new subscription fees or other charges effective upon prior notice to you.
- Automatic Renewal
- Monthly Subscription Services. For Subscription Services billed on a monthly basis, your subscription will automatically renew monthly at the then-current monthly price, unless you cancel your Subscription Service prior to the beginning of the next applicable billing (and renewal) period. The primary credit or debit card you have stored on your account will be charged on or about the same date each month of your subscription. If you wish to cancel a Subscription Service you may login to your account and follow the applicable instructions. In no event will MLSE provide partial or pro-rated refunds. Please see the Cancellation Section below for details regarding refunds.
- Yearly Subscription Services. For Subscription Services billed on a yearly basis, your subscription will automatically renew annually at the then-current year’s regular full yearly price, unless you cancel your Subscription Service prior to the beginning of the next applicable billing (and renewal) period. The primary credit or debit card you have stored in the Payment Profile section of your MLSE.TV account will be charged each subsequent year as set forth above. If we are unable to process these charges to your primary credit or debit card, an alternative card stored on your account may be charged. To cancel your yearly Service, login to your account and follow the applicable instructions. In no event will MLSE provide partial or pro-rated refunds. Please see the Cancellation Section below for details regarding refunds.
UNLESS YOU NOTIFY US BEFORE THE BEGINNING OF THE NEXT APPLICABLE BILLING (AND RENEWAL) PERIOD THAT YOU WISH TO CANCEL ANY AUTOMATICALLY RENEWING SUBSCRIPTION SERVICE, YOUR SUBSCRIPTION SERVICE WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU) TO COLLECT THE APPLICABLE SUBSCRIPTION FEE AND ANY TAXES (INCLUDING APPLICABLE TAXES) USING ANY CREDIT OR DEBIT CARD STORED IN THE PAYMENT PROFILE SECTION OF YOUR MLSE.TV ACCOUNT.
- Trial Subscriptions. Access to a Subscription Service may from time to time be made available on a time-limited free trial basis (a “Trial Subscription“). Please note that these Terms apply to a Trial Subscription. You may be asked to provide your credit or debit card information when registering for a Trial Subscription. In such event, your credit or debit card will only be charged if you do not cancel your Trial Subscription before the end of the Trial Subscription period. If we ask for your credit or debit card information and you do not affirmatively cancel before the end of the Trial Subscription, then your Trial Subscription may be converted into a paid subscription and your credit or debit card may be charged the subscription fee in effect at the time your Trial Subscription first began. By subscribing for a Trial Subscription, you: (i) acknowledge that the Trial Subscription is personal to you and may not be transferred or otherwise assigned to any other person; (ii) acknowledge that the Trial Subscription is intended to permit you to assess the Subscription Services for consideration of a full subscription to the Pay Service (a “Paid Subscription”); and (iii) acknowledge that the Trial Subscription may be subject to other terms and conditions specific to the Trial Subscription being offered, and your use of the Subscription Service during the Trial Subscription period will also be subject to such other terms and conditions and such other terms and conditions shall be incorporated into the Terms; and (iv) ACKNOWLEDGE THAT IF YOU ARE REQUIRED TO PROVIDE YOUR CREDIT OR DEBIT CARD INFORMATION AND THE TRIAL SUBSCRIPTION IS NOT CANCELLED WITHIN THE TRIAL SUBSCRIPTION PERIOD, YOUR TRIAL SUBCRIPTION WILL CONVERT TO A PAID SUBSCRIPTION THE PRICE OF WHICH WILL BE EQUAL TO THE PRICE OF A PAID SUBSCRIPTION IN EFFECT AT THE TIME THE TRIAL SUBSCRIPTION BEGAN AND THE CREDIT OR DEBIT CARD YOU PROVIDED WILL AUTOMATICALLY BE BILLED BASED ON A PAID SUBSCRIPTION AS IF SUCH PAID SUBSCRIPTION BEGAN ON DAY ONE OF YOUR TRIAL SUBSCRIPTION.
- Cancellation. To cancel your subscription to Subscription Services, you must follow the procedures described below. Except as described below, we do not refund or prorate Subscription Services, or any other purchases made through the Services, for any reason. Requests to terminate subscriptions will be effective once the billing period in which we received the cancellation concludes.
5. Video Services and Blackout Restrictions.
Blackout restrictions may apply to Services which allow you to watch video of live games, or highlights.
IF YOU CIRCUMVENT OR ATTEMPT TO CIRCUMVENT ANY BLACKOUT RESTRICTION OR OTHER USE RESTRICTION: YOUR SUBSCRIPTION WILL BE SUBJECT TO IMMEDIATE TERMINATIONAND YOU MAY BE SUBJECT TO LEGAL ACTION; AND MLSE RESERVES THE RIGHT TO REPORT SUCH MISCONDUCT TO APPROPRIATE LAW ENFORCEMENT AUTHORITIES.
6. Registration for Non-Subscription Services.
You may be asked to register for certain activities in connection with the Services, including those Services other than Subscription Services (see Section 4 for a discussion of Subscription Services). When you register or provide any other information in connection with the Services, you agree to provide accurate, current, and complete information about yourself as requested or directed and to promptly update this information to maintain its accuracy. MLSE has the right to suspend or terminate any account or other registration and to refuse any and all current or future use if it suspects that such information is inaccurate or incomplete. You are responsible for maintaining the confidentiality of any password and username that you are given or select, and you are responsible for all activities that occur under your password or account.
7. Intellectual Property.
All content, information, computer code, software, and any other materials that are part of the Services other than your User Content (collectively, the “MLSE Content“) is the property of MLSE or third parties. You may access, use, and display the Services and print copies of MLSE Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms.
- Copyright and Other Intellectual Property Rights. Certain of MLSE Content is protected under the copyright laws of Canada, the United States and other countries. You acknowledge that all copyrights and other intellectual property rights related to the Services are owned by MLSE or its third-party licensors to the full extent permitted Canadian, United States and international copyright laws, and all other applicable laws. Unless expressly permitted by an authorized person in writing or as permitted by applicable law, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of MLSE Content. To obtain written consent to use a copyrighted work, please contact us using the information in Section 25. Copying or downloading MLSE Content other than as stated above is a violation of these Terms.
- Trade and Service Marks. You acknowledge and agree that all proprietary materials depicted in connection with the Services and MLSE Content (including, without limitation, league and team logos and word marks) are the property of MLSE and the respective league and/or their member club and are owned by or licensed to MLSE and may not be used commercially without the prior written consent of MLSE and/or the applicable licensor, which consent may be requested via the contact information provided in Section 25.
- Notice of Infringement. MLSE respects intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Services in a way that constitutes copyright infringement, please provide MLSE with the following information in writing:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- Identification of the copyrighted work or a representative list of the works claimed to have been infringed;
- Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
- Your name, address, telephone number, and email address, so that we may contact you if necessary;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright
- Embedding Content.The Services may allow you to embed MLSE Content into other web pages. All use of embedded MLSE Content must be for non-commercial purposes only, and may be disabled by MLSE at any time and for any reason or for no reason at all. Prohibited commercial uses include any of the following actions taken without the express approval of MLSE:
- Selling access to embedded MLSE Content on another website;
- Using embedded MLSE Content for the purpose of gaining advertising, subscription, or other revenue;
- Creating a website that does nothing more than aggregate a collection of embedded MLSE Content and intentionally trying to generate ad revenue from it;
- Using embedded MLSE Content that MLSE finds, in its sole discretion, competes with or displaces the Services.
You must not establish a link to our Services in any website that requires registration in connection with content from our Services or that otherwise collects personal information in connection with content from our Services. Prohibited commercial uses do not include using embedded MLSE Content to show videos on an ad-enabled blog or fan website, provided the embedded MLSE Content is not used to gain advertising revenue or compete with the Services.
8. Linking to our Services.
You may link to our Services provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest or imply any form of association, approval, or endorsement on our part where none exists and no link to our Services may be “framed” to the extent such frame contains any sponsorship, advertising, or commercial text or graphics. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the User Content standards described in Section 3 of these Terms.
9. Change or Termination.
MLSE may change or terminate these Terms for any reason at any time, for example to reflect changes in laws or regulatory requirements. We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. MLSE also reserves the right to modify the price of any Services or any other products offered via the Services. MLSE is not responsible for any error in copy or images relating to the Services or any other products offered via the Services. Any offer to sell any Services or any other products offered via the Services may be discontinued at any time in MLSE’s sole discretion.
Otherwise applicable sections of these Terms shall survive termination. MLSE also reserves the right to seek all remedies available at law and in equity for violations of these Terms. Upon termination, you must cease all use of the Services, including any of MLSE Content.
11. Links and Third Party Content.
12. Disclaimer of Warranties.
YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM THE SERVICES. THE SERVICES ARE PROVIDED “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS, AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY MLSE. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, THAT THE SERVICES, INCLUDING, WITHOUT LIMITATION, MLSE CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. MLSE DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE, OR AGREE WITH ANY MLSE CONTENT OR ANY USER CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES IN CONNECTION WITH ANY USER CONTENT OR MLSE CONTENT. MLSE MAKES NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES. NO ORAL OR WRITTEN INFORMATION MADE AVAILABLE BY OR ON BEHALF OF MLSE SHALL CREATE ANY WARRANTY.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13. Exclusive Remedy and Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL MLSE, ITS AFFILIATES, OR ANY PARTY INVOLVED IN OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY MLSE CONTENT OR USER CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF MLSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MLSE’S LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICES.
You agree to indemnify, hold harmless, and defend MLSE, the National Hockey League (the “NHL”), the National Basketball Association (the “NBA”, Major League Soccer (“MLS”), the American Hockey League (the “AHL”) and the National Basketball Association D-League (the “NBA D-League”) (the NHL, NBA, MLS, AHL and NBA D-League hereinafter referred to as individually as a “League” and collectively as the “Leagues”) and their respective affiliates, and licensors, each Leagues’ member teams, any party involved in operating, creating, producing, or delivering the Services (including the Subscription Services), and each of their respective officers, owners, directors, shareholders, partners, contractors, agents, employees, general and limited partners, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services (including, without limitation, your User Content and your use of any MLSE Content), (ii) your online conduct in connection with the Services, (iii) your violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations in connection with the Services, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services, or (vi) any of your dealings or transactions with other persons resulting from use of the Services. You shall not settle any such claim without the prior written consent of MLSE.
15. Integration and Severability and Amendment.
These Terms constitute the entire agreement between MLSE and you, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. MLSE in its sole discretion may amend these Terms, in which case we will post the amended Terms within the Services. Your use of the Services after such amended Terms are posted will constitute acceptance of them by you. MLSE may be required to notify you of certain events concerning the Services and your use thereof, and your use of the Services constitutes acceptance that such notices will be effective upon our posting them on the applicable Services or, if we elect in our sole discretion, emailing you at an address you have provided to us.
16. No Waiver.
Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
17. Assignment and Binding Effects.
You may not assign these Terms or any rights or obligations herein without the prior written consent of MLSE and any attempted assignment in contravention of this provision is null and void and of no force or effect. MLSE has the right to assign these Terms, and any of its rights or obligations herein. These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors, and permitted assigns.
18. Governing Law and Jurisdiction.
These Terms and the relationship between you and MLSE shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. You and MLSE agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario.
19. MLSE Shop and MLSE Auctions.
You may order products online from official MLSE operated online stores, currently shop.realsports.ca (“Real Sports“) or MLSE operated auctions sites, (“MLSE Auctions”). By placing an order through Real Sports or MLSE Auctions, you agree to pay all amounts payable for these orders, including applicable taxes (including any applicable taxes) and specified shipping and handling expenses, and to be bound by the other terms applicable to such services as described on Real Sports and MLSE Auctions websites. Real Sports and MLSE Auctions are operated by one or more third parties who are responsible for, among other things, the fulfillment of orders, billing, and shipping products. Visit MLSE Shop or MLSE Auctions for information about how you may contact our third-party service providers. Please note that supplemental terms may apply to your activity on MLSE Shop and MLSE Auctions.
The Services and all other products offered via the Services are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform, or create derivative works of them.
20. Separate Terms and Conditions.
In connection with your use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Services. Any supplemental terms will not vary or replace these Terms regarding any use of the Services, unless otherwise expressly stated.
22. Contact Information.
Please direct any requests to use a copyrighted work or trade or service mark right, or any questions, complaints, or claims related to the Services or your use of the Services to firstname.lastname@example.org.
You can also contact us at:
Maple Leaf Sports & Entertainment
Attn: Legal Department
50 Bay Street, Suite 500