Terms Of Use
CURLTV.com Terms Of Use

Terms Of Use
Thank you for choosing CurlTV.com

By using CurlTVs internet services and/or the services of its partners and/or associates(collectively, CurlTV), you agree to the following terms and conditions of service (the "Terms of Service"):

These Terms of Service constitute the agreement between CurlTV (CurlTV or our) and the customer (you or your) subscribing to the Services. These Terms of Service govern the Services and by activating the Services, you acknowledge that you have read, understand and agree to these Terms of Service as set out below (collectively, the Agreement). CurlTV recommends that you print a copy of this Agreement and theAcceptable Use Policy applicable to the Services to which you subscribe.

If you do not wish to be bound by this Agreement or any modifications which may be made by CurlTV from time to time (as described in the following paragraph) do not activate or use the Services and immediately contact CurlTV.

CurlTV may change portions of this Agreement from time to time upon reasonable notice to you. CurlTV will post notice of any changes made to the Agreement on line at www.curltv.com. CurlTV may also advise you of such changes by sending you an electronic mail message at your user address or mailing notification by Canada Post to the address shown on your account with CurlTV. All changes will take effect at least 30 days but not more than 90 days after the date we provide notice that the Agreement is changed.

YOUR NONTERMINATION OR CONTINUED USE OF THE SERVICES AFTER THE EFFECTIVE DATE OF ANY CHANGES MADE CONSTITUTESYOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY SUCHCHANGES.

1. Use of the Services

  1. The Services may only be used in accordance with CurlTVs Acceptable Use Policies applicable to such Services.
  2. Technology and/or processes provided to you may be subject to intellectual property rights reserved by CurlTV or third parties. Nothing contained in this Agreement shall grant to you any right, license, title or ownership of, inor to any intellectual property rights of CurlTV or any third party in such technology or processes.
  3. CurlTV, the CurlTV logo and certain product or service names are registered trade-marks or trade-marks of CurlTV.com. You agree not to copy, display or use in any manner any of CurlTVs trade-marks without CurlTV's express prior permission. Other product, information or company names mentioned herein may be the registered trade-marks or trade-marks of their respective owners.
  4. Federal law provides severe civil and criminal penalties for the unauthorized reproduction, distribution or exhibition of copyrighted programming and CurlTV shall not be liable for the same, nor is CurlTV granting you any rights in that regard whatsoever.


2. Content

  1. CurlTV does not warrant the condition or content of any programming you are able to view with CurlTVs services or the content you are able to access on the Internet through use of CurlTVs services.
  2. You agree that the CurlTV schedule is subject to change without notice to you.
  3. You agree, that along with events that CurlTV broadcasts on the site, at times the production crew for CurlTV will also produce content for other organizations, such is the case when content rights cannot be obtained by CurlTV.You also agree that certain events will be broadcast, at times with no extra charge to you, when CurlTV works as a contractor for other sports broadcasting organizations.
  4. You agree that CurlTV makes no guarantee of the type or number of events, the content of those events or the number of transmissions that will occur in each broadcast season.


3. Services Interruption

  1. CurlTV and/or its agents may interrupt and/or inspect the Services at any time for any duration of time, without notice or liability to you in order to inspect, repair orperform necessary maintenance on its facilities and/or network, or for other technical reasons as may be required.
  2. You understand that the Services do not function in the event of a power failure or Internet service failure and regardless of where the failure arises. In addition, a power failure or internet service disruption may require CurlTV to reset or reconfigure its facilities and/or network to reactivate the Services.
  3. You agree to hold CurlTV harmless in the event that planned games cannot be broadcast due to circumstances outside the control of CurlTV.

IMPORTANT:
CurlTV does not warrant uninterrupted use of the Services.


4. CurlTVs Provision of Services

CurlTV is not required to provide the Services where:
  1. your premise is located outside of CurlTVs service or licensed geographic area;
  2. you have failed to make payment of the amounts due for the Services; or
  3. CurlTV would have to incur unusual expenses to bring the Services to your premises, which you do not agree to pay.


5. CurlTVs Liability

  1. CurlTV shall not be liable for:
    1. any interruption or unavailability of the Services;
    2. any act or omission of any third party including, but not limited to, any other local communication company, any connecting carrier or underlying carrier or other provider of connections, facilities or services;
    3. your conduct, acts or omissions;
    4. any event beyond the reasonable control of CurlTV including acts of God, inclement weather (including lightning), power failures, internet service failures, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction;
    5. CurlTVs failure, for any reason, to activate the Services on the activation date you requested or date provided to you by CurlTV.


6. Limitation of Liability

  1. IN THE EVENT OF ANY BREACH BY CURLTV,INCLUDING ANY BREACH OF A FUNDAMENTAL TERM OR ANY NEGLIGENCE BY CURLTV, YOUR EXCLUSIVE REMEDY SHALL BE TO RECEIVE FROM CURLTV PAYMENT FOR ACTUAL AND DIRECT DAMAGES TO A MAXIMUM AMOUNT EQUAL TO THE FEES PAID BY YOU TO CURLTV FOR THE CURRENT CURLING SEASON.
  2. UNDER NO CIRCUMSTANCES SHALL CURLTV BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS AND LOSS OF BUSINESS OPPORTUNITIES, THAT RESULT IN ANY WAY FROM THIS AGREEMENT, INCLUDING YOUR USE OF THE RENTAL EQUIPMENT AND/OR SERVICES, OR YOUR RELIANCE ON OR USE OF ANY INFORMATION, SERVICE, MERCHANDISE OR MATERIAL VIEWED OR PROVIDED ON OR THROUGH USE OF THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN RECEPTION OR TRANSMISSION OR TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE SERVICES.
  3. CURLTV SHALL NOT BE LIABLE FOR, AND YOU SHALL INDEMNIFY AND SAVE CURLTV HARMLESS FROM AND AGAINST ALL SUITS, CLAIMS OR JUDGMENTS HOWSOEVER ARISING OUT OF ANY OF THE FOLLOWING;
    1. CLAIMS FOR LIBEL, SLANDER, INFRINGEMENT OF COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY OR BASED ON ANY OTHER LEGAL THEORY HOWSOEVER ARISING FROM THE MATERIAL, DATA OR OTHER CONTENT FROM THE SERVICES;
    2. ANY LOSSES, DAMAGES, EXPENSES OR COSTS (INCLUDING LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH ANY CLAIM, OR OTHER PROCEEDING BASED ON A CONTENTION THAT THE USE OF THE SERVICES BY YOU OR A THIRD PARTY INFRINGES ANY INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; OR
    3. CLAIMS BY THOSE TO WHOM YOU PROVIDE ACCESS TO THE SERVICES.
  4. FOR THE PURPOSES OF THIS SECTION 12, ANY REFERENCE TO "CURLTV" SHALL INCLUDE CURLTV, ITS PARTNERS OR ASSOCIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS.


7. Limited Warranty

ALL THE SERVICES ARE PROVIDED BY CURLTV AS IS AND AS AVAILABLE WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. CURLTV DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES. CURLTV DOES NOT WARRANT THAT ANY DATA OR COMMUNICATION SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME, OR THAT ANY CONTENT OR OTHER MATERIAL ACCESSIBLE ON OR FROM THE SERVICES IS FREE OF DEFECT, ERROR OR VIRUSES. CURLTV DOES NOT WARRANT THAT THE CONTENT, INCLUDING WITHOUT LIMITATION CONTENT OF ANY PROGRAMMING AND/OR ADVERTISING THAT IS ACCESSIBLE ON OR FROM THE SERVICES. ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABLE QUALITY WITH REGARD TO ANY MERCHANDISE, INFORMATION, PROGRAMMING, ADVERTISING, CONTENT OR SERVICE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXCLUDED.


8. Disputes and Governing Law

  1. ANY DISPUTES OR CLAIMS (CLAIMS) WHATSOEVER BETWEEN CURLTV AND YOU WILL BE REFERRED TO AND DETERMINED BY ARBITRATION TO THE EXCLUSION OF THE COURTS. IF YOU HAVE A CLAIM YOU SHOULD GIVE WRITTEN NOTICE TO ARBITRATE TO CURLTV AT 9932-81 AVENUE, EDMONTON, ALBERTA T6E 1W6 ATTENTION: LEGAL DEPARTMENT. ARBITRATION WILL BE CONDUCTED BY ONE ARBITRATOR PURSUANT TO THE LAWS AND RULES RELATING TO COMMERCIAL ARBITRATION IN ALBERTA THAT ARE IN EFFECT ON THE DATE OF THE NOTICE. YOU AGREE TO WAIVE ANY RIGHT YOU MAY HAVE TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION AGAINST CURLTV RELATED TO ANY CLAIM WHERE SUCH WAIVER IS PERMITTED. WHERE APPLICABLE. YOU ALSO AGREE TO OPT OUT OF ANY CLASS PROCEEDINGS AGAINST CURLTV. IF CURLTV HAS A CLAIM, CURLTV WILL GIVE YOUR NOTICE TO ARBITRATE AT YOUR BILLING ADDRESS.IF THE CLAIM RELATES TO A MATTER THAT SHOULD BE BROUGHT BEFORE THE CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION (CRTC) OR OTHER CUSTOMER COMPLAINTS BODY SET UP TO ADDRESS SUCH MATTERS, YOU AGREE THAT THE CRTC OR SUCH BODY WILL RESOLVE THE CLAIM.
  2. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ALBERTA AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN AND YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF SUCH JURISDICTION. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT AND SUPERCEDES AND REPLACES ANY AND ALL PRIOR WRITTEN OR VERBAL AGREEMENTS.


9. Confidentiality

CurlTV may disclose any information as is necessary to:
  1. satisfy any legal, regulatory or other governmental request;
  2. operate the Services properly; or
  3. to protect CurlTV or its customers, in accordance with the guidelines set out in CurlTVs Privacy Policy.