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Social Media User Agreement and Terms of Use

Acceptance of Terms of this Agreement through Use

  1. The Canadian Curling Association (hereinafter “CCA”), maintains a facebook page, twitter account and website currently located at www.curling.ca (collectively the “CCA Social Media”) which collectively provide articles, publications, information, data, registration, draws, contests and other materials (the “Content”). The CCA Social Media is provided to you subject to your compliance with the terms and conditions of use defined in this Agreement. By accessing or using the CCA Social Media 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 CCA Social Media.

Children

  1. The CCA Social Media is not intended for use by minors, especially those under age 13. To access, use or register with the CCA Social Media, minors must get prior permission of their parent(s) and/or legal guardian(s). By your use of the CCA Social Media, you represent and warrant that you are the age of majority or have sought permission from your parent(s) and/or legal guardian(s).

Conduct

  1. You undertake to provide true, accurate, current and complete information.
  2. You may not use the CCA Social Media:
    1. For the purposes of fraud or for any activity that contravenes the laws of Canada or any other applicable jurisdiction.
    2. To engage in activities that cause or are likely to cause disruption or denial of service to any user of the CCA Social Media.
    3. To impersonate any other person.
    4. To upload, post, e-mail or otherwise transmit:
      1. Any content that is offensive, obscene, unlawful, threatening, abusive, harassing, defamatory, hateful, invasive of another’s privacy or otherwise objectionable.
      2. Material which is designed to cause annoyance, inconvenience, or needless anxiety to others;
      3. Infringes the patent, trademark, trade secret, copyright or other proprietary right of any other party;
      4. Any unsolicited or unauthorized advertising or commercial material, “junk mail”, “spam”, “chain letter”, “pyramid scheme” or any other form of solicitation.
      5. 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

  1. You expressly understand and agree that:
    1. Your use of the CCA Social Media is at your sole risk.
    2. The CCA Social Media and the materials provided on the CCA Social Media are provided “as is” and “as available” without representations, warranties or conditions of any kind, either express or implied.
    3. Any material downloaded, printed or otherwise obtained through the use of the CCA Social Media 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.
    4. No advice or information whether oral or written, obtained by you from the CCA Social Media will create a warranty, entitlement or right owed to you.
    5. 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 CCA Social Media.
  2. The CCA has made reasonable efforts to ensure that the materials contained on the CCA Social Media are accurate. The CCA does not warrant or guarantee:
    1. The accuracy, currency or completeness of the materials;
    2. That the CCA Social Media will be available without interruption, error or omission;
    3. That defects will be corrected; or
    4. That the CCA Social Media and the server(s) that make it available are free from viruses or other harmful components.

Limitation of Liability and Indemnification

  1. In no event will the CCA, its respective directors, agents or 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 CCA Social Media without regard to the form of action.
  2. You agree to indemnify and hold the CCA harmless from any and all losses, damages, liability and costs (including reasonable attorney’s fees) resulting directly or indirectly from any claim or demand against the CCA arising out of or related to the accuracy or completeness of the CCA Social Media, your use of the CCA Social Media, your connection to the CCA Social Media, your violation of these Terms of Use, or your violation of any rights of another.

Third Party Websites / Linking

  1. Access by way of links to other websites is provided by the CCA Social Media for convenience. CCA does not control the content of such websites and your use of any linked websites is at your own risk.

International Use

  1. By choosing to access the CCA Social Media from any location other than Canada, you accept full responsibility for compliance with all local laws that are applicable. CCA makes no representation that materials on the CCA Social Media 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 CCA Social Media in violation of any applicable laws or regulations, including, but not limited to, any Canadian export laws and regulations.

Intellectual Property Rights

  1. The information, content, graphics, text, sounds, images, buttons, trademarks, service marks, trade names and logos contained on the CCA Social Media are protected by copyright, trademark, database right and other intellectual property laws.
  2. 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 CCA Social Media, and to download the materials contained on the CCA Social Media to a single personal computer and print a single hard copy of the materials contained on the CCA Social Media 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 CCA Social Media, 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 CCA, is strictly prohibited and is a violation of the proprietary rights of CCA or its affiliates.

Modifications/Termination to this Agreement and Services

  1. CCA reserves the right to change this Agreement at any time and your continued access to or use of the CCA Social Media after such changes indicates your acceptance of this Agreement as modified. It is your responsibility to review this Agreement regularly.
  2. CCA reserves the right to modify, suspend or discontinue the CCA Social Media, or any portion thereof with or without notice to you. CCA will not be liable to you or any third party should it exercise its right to modify, suspend or discontinue services.
  3. Without limiting the foregoing, CCA will have the right to immediately terminate your access to the CCA Social Media in the event of any conduct by you which the CCA, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement and Terms of Use.

Privacy and Protection of Personal Information

  1. CCA respects your right to privacy. By agreeing to the terms of this Agreement, you may be providing the CCA with your personal information. This information will be used by the CCA for the purpose for which it was provided by you, for verification purposes, draws, contents, transactions, communications, registration and statistical analysis. This information may also be useful to provide you with details of products, services, contests, draws, competitions, training camps or promotions being provided or run by the CCA or any other of its associated organizations or any third party which the CCA may select and which the CCA may think may be of interest to you, unless you have otherwise specifically opted not to receive this information.
  2. CCA acknowledges that they are governed by the Personal Information and Electronic Documents Act (PIPEDA) and will comply with such legislation.

Jurisdiction

  1. The CCA Social Media 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 CCA Social Media and agree not to commence any such action or proceeding except in Ottawa, Ontario, Canada.

General

  1. This Agreement constitutes the entire agreement between you and the CCA and governs your use of the CCA Social Media.
  2. Your continued use of the CCA Social Media constitutes affirmative acknowledgement by you of the terms and conditions of the Agreement, including without limitation, any modifications or changes thereto.
  3. 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.
  4. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the CCA Social Media or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.