THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Introduction
Use of the GameTV website and any GameTV interactive programming (individually and collectively, a “GameTV Site”)whether accessed on-line or through any other media, including without limitation, a set-top box, which is owned or operated by The GameTV Corporation (“GameTV”) is subject to the following terms and conditions (“Terms and Conditions”).
Your access or use of any GAMETV Site indicates your understanding of and agreement to be bound by these Terms and Conditions of use. If you do not agree to these Terms and Conditions of use, please do not use a GAMETV Site.
Please note that GAMETV reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions of use. Changes will be effective when posted on a GAMETV Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of a GAMETV Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
Privacy
For information on how user information is collected, used and disclosed by us in connection with your use of a GAMETV Site and any of the services provided by GAMETV, please consult our Privacy Policy.
Registration, Accounts and Passwords
Participation in the activities available on the GameTV Site is open to all residents of Canada (excluding residents of the Province of Quebec, where indicated) who are the age of majority or older in the Province in which they reside. The GameTV Site is void where prohibited or restricted by law, and GameTV reserves the right to deny access the GameTV Site to anyone at its sole discretion.
Each visitor to the GameTV site (a “User”) may only create and maintain a single player account (a “Player Account”). Player Accounts can be created and maintained free of charge. When you first sign up with GAMETV, you can create a Player Account by providing your name, date of birth, address, telephone number, email address, an alias that will be your screen name, a digital PIN number, creating a security question and selecting your contact preferences. You agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on a GAMETV Site and (b) all activities that occur under such password or account. Further, you agree to notify us of any unauthorized use of your password or account. Offensive or inappropriate usernames, as determined by GAMETV in its sole discretion, will not be permitted. If GAMETV determines that any person has more than a single Player Account, all Player Accounts belonging to that person and created subsequent to the first account may be automatically suspended or cancelled without notice. GAMETV reserves the right to refuse service, terminate Player Accounts, remove or edit content, or cancel orders in its sole discretion and GAMETV shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
By creating a Player Account, you represent that your participation in the GAMETV Site is subject to these Terms and Conditions all laws of the jurisdiction in which you reside and from which you access the GAMETV Site and that you are solely responsible for obeying those laws. You agree that GAMETV may, among other things, cancel, terminate, suspend or otherwise amend your Player Account for any violation by you of these Terms and Conditions or any laws of the jurisdiction in which you reside and from which you access the GAMETV Site cannot be held liable if laws applicable to you restrict or prohibit your participation in the activities available on the GAMETV Site.
All Player Accounts are non-transferable. You may not allow any other person to access your Player Account or use your Player Account to access the GAMETV Site or to participate in any contest, tournament or game. By creating a Player Account, each User is deemed to declare that he or she has fully complied with and agrees to be bound by these Terms and Conditions and agrees, on behalf of himself/herself and his or her heirs, executors and administrators to release GAMETV and its affiliates, agencies and/or representatives from all liability, claims and demands arising out of his or her use of the GAMETV Site.
GAMETV Interactive Games
Each interactive contest, game or tournament offered on the GAMETV Site is subject to its own rules, including rules related to tie-breaking. Full rules for each interactive contest, game or tournament offered on the GAMETV Site are available here. These rules are deemed to be incorporated into these Terms and Conditions.
The results and winners of each interactive contest, game or tournament available on the GAMETV Site will be determined by GAMETV in its sole discretion. In the event of a dispute relating to a GAMETV interactive game or tournament, including issues relating to a User’s compliance with these Terms and Conditions, each User agrees to be bound by the decision of GAMETV, which are final in all respects.
To play the interactive contests, games or tournaments on the GAMETV Site, you need a personal computer which meets the following minimum technical requirements:
Internet Explorer version 6.0 or higher, Mozilla Firefox 1.0 or higher for Windows based PC
Mozilla Firefox 1.0 or higher for Macintosh
Minimum screen resolution 1024 x 768
Adobe Flash Player 9
Cookies and Javescript must be enabled
Users with a Player Account may choose to participate in any interactive contests games or tournaments available on GAMETV free of charge.
Trademarks and Copyrights
All of the names, titles, logos, and designs on a GAMETV Site identifying our products and brands, including any derivative and related names, titles, logos and designs, are trade-marks and the sole and exclusive property of GAMETV. All other names, titles, logos and designs appearing on a GAMETV Site are the property of their respective owners. Any use of any trademarks appearing on a GAMETV Site without the express written consent of the owner of the trademark is strictly prohibited.
GAMETV Sites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, audio, video and software (collectively, the “Content”) and the entire contents of a GAMETV Site also are protected by copyright as a collective work and/or compilation under the Canadian copyright laws, international conventions and other copyright laws. GAMETV owns the copyright in the Content original to us and in our selection, coordination, arrangement and enhancement of the Content.
GAMETV authorizes you to access Content and grants you the right to use the GAMETV Site solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. You must not alter, delete or conceal any copyright or other notices contained on a GAMETV Site, including notices on any Content you download, transmit, display, print or reproduce from the GAMETV Site. Unless GAMETV explicitly and specifically notifies you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website) or otherwise use, any Content without the express prior written consent of GAMETV. Any unauthorized or prohibited use of any Content, including use in contravention these Terms and Conditions, may subject you to civil liability, criminal prosecution, or both.
You may not use any computerized or automatic mechanism, including without limitation, any web scraper, spider or robot, to access, extract or download any Content from a GAMETV Site, unless you are expressly authorized to do so by GAMETV. As an express condition of your use of this GAMETV Site, you warrant to GAMETV that you will not use this GAMETV Site for any unlawful purpose or purpose prohibited by these Terms and Conditions. If you violate any part of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. GAMETV makes no representation that any Content is legal or appropriate for use outside of Canada or that it is authorized for export from Canada or for import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of Canada from which you may access this GAMETV Site.
Web Communities, Forums and Posting
If this GAMETV Site contains forum services, web communities, and/or other message and communication facilities (“Communities”) that may provide you and other users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, files, messages, transmissions and Content with other users and/or with us and these are referred to in this document as a “Post” or “Posting,” than the following additional terms and conditions apply to your use of this GAMETV Site:
(a) GAMETV reserves the right at all times, but does not have the obligation, to edit, refuse to post, or to remove any Posting, in whole or part, that GAMETV, in its sole and absolute discretion, deems inappropriate for inclusion in the Communities, for any reason or for no reason. Communities are public and not private and you should assume your Postings may be read by others, with or without your knowledge or permission. Although a particular Community may have a policy of limited membership or access, GAMETV shall have no liability if unauthorized persons nevertheless obtain access to the Community. Your use of the Communities is at your own risk and you should not disclose or make available your personal information in any Posting or in any Community.
(b) You use the Communities solely at your own risk and GAMETV neither endorses nor controls user Postings available, delivered or displayed in the Communities and GAMETV assumes no duty to monitor or endorse Postings within the Communities, nor does GAMETV represent or guarantee the truthfulness, accuracy or reliability thereof or that any Posting complies with these Terms and Conditions and you should never rely upon any Posting as being true, accurate or reliable.
(c) You understand, acknowledge and agree that Postings originating from any user account are the sole responsibility of the individual associated with that account. This means that you, and not GAMETV, are entirely responsible for the consequences of all your Postings on the Communities or otherwise on any GAMETV Site. Postings do not reflect the views of GAMETV. In no event shall GAMETV have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; provided, however, if GAMETV determines, in its sole and absolute discretion and judgment, that any Posting does or may violate any of these Terms and Conditions, it reserves the right, at any time and without limiting any and all other rights it may have under these Terms and Conditions, at law or in equity, to: (i) refuse to allow you to Post; (ii) remove and delete Postings; (iii) revoke your right to use the Communities and this or any other GAMETV Site; and/or (iv) use any technological, legal, operational or other means available to it to enforce the provisions of these Terms and Conditions, including, without limitation, blocking specific IP addresses or deactivating your account and/or the Communities.
(d) If a Posting originates from you or your account, you hereby agree that: (i) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize GAMETV to use such Posting in whole or in part, throughout the universe in perpetuity, and you are automatically granting GAMETV a royalty-free, perpetual, irrevocable, unrestricted, unconditional, non-exclusive license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Posting and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, of compensation, attribution or otherwise; (ii) you represent and warrant that (a) the Posting is original to you or fully cleared for use as contemplated herein, (b) the Posting does not and will not, in any way, violate or breach any of the terms of these Terms and Conditions, (b) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any law, regulation or other governmental requirement or restriction, (d) the Posting is not obscene, objectionable (as determined by GAMETV in its sole discretion) or in any other manner unlawful, (e) the Posting shall not be damaging or injurious to GAMETV, any affiliates of GAMETV or any user, and (f) GAMETV shall not be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the Posting; (iii) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and have the right to and hereby grant GAMETV the right to use such Posting as described above; and (iv) GAMETV has the right to delete, re-format and/or change your Posting in any manner that it may determine (although you will not be responsible for any such changes made).
(e) You understand, acknowledge and agree that GAMETV assumes no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
(f) If you believe that any content on this GAMETV Site (including, without limitation, Postings) violates any of these Terms and Conditions please send us an email message about it. GAMETV cannot guarantee that it will respond to your message and it reserves the right to take or refrain from taking any or all steps available to it once it receives any such message.
User Conduct
In consideration of the availability and your use of a GAMETV Site, you agree to comply with all applicable laws and these Terms and Conditions when using such site. You acknowledge that GAMETV may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:
- post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use a GAMETV Site in a manner which is contrary to law or would serve to restrict or inhibit any other user or customer from using or enjoying a GAMETV Site or the Internet;
- send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
- use an GAMETV Site for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
- post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; or
- post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component;
- gain unauthorized access to a GAMETV Site, other users’ accounts, names, personally identifiable information or other computers, websites or pages, connected or linked to this GAMETV Site or to use this GAMETV Site in any manner which violates or is inconsistent with these Terms and Conditions;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of this GAMETV Site; or
- collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of this GAMETV Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
Product Prices and Descriptions
If any products are offered for sale on this GAMETV Site, all prices listed are in Canadian dollars and are exclusive of applicable taxes and shipping fees (which will be added to your cost at check-out). Payments must be made through PayPal, a third party transaction services provider. GAMETV attempts to be as accurate as possible in describing the products offered for sale on this GAMETV Sites. However, GAMETV does not warrant that product descriptions or other content of this GAMETV Site are accurate, complete, reliable, current or error-free, nor does GAMETV provide any other warranties whatsoever regarding any product sold or advertised on an GAMETV Site. If a product offered by this website is not as described, your sole remedy is to return it in unused condition.
Products may be purchased while supplies last. If a product is listed at an incorrect price or with incorrect information, GAMETV reserves the right to refuse or cancel orders placed for that product, whether or not the order has been confirmed and even if your account has been charged (in which event we will issue a credit to your account in the amount of the charge).
Order Fulfillment
Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any product and GAMETV reserves the right to accept or decline your order for any reason up until the time the product is actually delivered to you. GAMETV reserves the right at any time, without prior notice, to limit or reduce the quantity you ordered of any product and we will notify you if it does so. Products on this GAMETV Site are offered for sale only to end user customers or as personal gifts to end user customers and not for resale. GAMETV does not knowingly accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies, and reserves the right to refuse, cancel or seek the return of any products that are purchased in violation of the foregoing restrictions.
If any products are offered for sale on this GAMETV Site, once you have completed your purchase, you will receive an e-mail confirming your order. Please keep this e-mail as it is your sales receipt and it contains your order confirmation number. Once your order has been shipped, you will receive a shipping notification e-mail containing your order tracking number and information on how you can check the status of your order on-line.
Shipping
If any products are offered for sale on this GAMETV Site, all shipments will be delivered by FedEx. Orders can be accepted to a Canadian address only, however orders cannot be sent to P.O. boxes.
Risk of Loss
If any products are offered for sale on this GAMETV Site, all items purchased from this website are made pursuant to a shipment contract.This means that the risk of loss and title for such items passes to you upon our delivery to the carrier. If you would like to insure your shipment, please contact FedEx.
Disclaimer
GAMETV assumes no responsibility for: (i) ;interactive contests, games or tournaments that are interrupted for any reason including, for example, due to the malfunction of computer equipment, broadcasting equipment, data or software; (ii) activity on Player Accounts as a result of lost or stolen account or password information; (iii) the failure, interruption, technical malfunction or delay of any email or other communication to be received by GAMETV or the GAMETV Site, for any reason; (iv) any incorrect or inaccurate information (including without limitation winning lottery numbers), whether caused by equipment or programming associated with or utilized in the GAMETV Site or the GAMETV linear television channel or by any technical or human error which may occur in the processing of information you provide on the GAMETV Site.
GAMETV also assumes no responsibility, and shall not be liable for, any malicious code, including computer viruses, that may infect your personal computer or television set top box or related equipment, or any other damage to your personal computer or television set top box or related equipment, as a result of your access to, use of, or browsing of the GAMETV Site or your downloading of any materials, data, text, images, video or audio from the GAMETV Site.
Although GAMETV intends on making the GAMETV Site available 24 hours per day, seven days per week, there can be no assurance that the GAMETV Site will be available without interruption. GAMETV reserves the right to cancel, terminate or suspend the GAMETV Site, including any interactive games or tournaments taking place thereon, in whole or in part, at any time.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) A GAMETV SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT GAMETV MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) GAMETV SPECIFICALLY MAKES NO WARRANTIES THAT A GAMETV SITE, INCLUDING WITHOUT LIMITATION ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF A GAMETV SITE WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICE(S) OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
Professional Information Disclaimer
The GAMETV Sites may make available certain information provided by third parties related to various professional fields (the “Professional Information”). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of a GAMETV Site does not replace consultations with a qualified medical, legal, financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and, therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that GAMETV, including without limitation its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any Professional Information.
Monitoring
You acknowledge that GAMETV has no obligation to monitor a GAMETV Site or any content accessible through a GAMETV Site. However, you agree that GAMETV has the right to monitor a GAMETV Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate a GAMETV Site or to protect itself or its users and customers in accordance with the GAMETV Privacy Policy.
Downloads and Shareware
Certain GAMETV Sites may allow you to download software applications or other forms of Content, including without limitation files, images and/or data incorporated therein (collectively, the “Software”). The Software is made available to you by GAMETV or third parties subject to the terms and conditions made available to you during the software installation process. Additionally, you agree that the Software is licensed to you by GAMETV or third parties for your personal and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that GAMETV or the designated third parties retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that GAMETV, including without limitation its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, the Software, including without limitation the failure of the Software to meet your needs, standards, expectations or specifications.
Content Linked To A GAMETV Site
Please exercise discretion while browsing the internet. A GAMETV Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under GAMETV’s control, and GAMETV is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Unless otherwise expressly provided, GAMETV makes no representation or warranty regarding, and does not endorse, any Linked Site or the information, products or services appearing thereon. Accordingly, you agree that GAMETV will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from a GAMETV Site.
Dealing With Third Parties
You acknowledge and agree that your correspondence or business dealings with any third parties, including without limitation any merchants or advertisers, found on or through a GAMETV Site, including without limitation payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. GAMETV assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be your’s alone. You agree that GAMETV shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
Contests and Promotions
From time to time, GAMETV and its affiliate may conduct promotions on or through this GAMETV Site, including, without limitation, auctions, contests and sweepstakes (“Promotions”). Each Promotion may have additional terms and/or rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms and Conditions.
Indemnification
You agree to defend, indemnify and hold harmless each of GAMETV, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on a GAMETV Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions (including without limitation with respect to your Posting(s)); (b) your access to or use of a GAMETV Site or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from a GAMETV Site. You shall use your best efforts to cooperate with us in the defense of any claim. GAMETV reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL GAMETV, INCLUDING WITHOUT LIMITATION ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER GAMETV HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF A GAMETV SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO A GAMETV SITE OR ANY OF THE SERVICES.
You expressly acknowledge that GAMETV has entered into this agreement, and has or may make a GAMETV Site and Content available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and GAMETV. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
Governing Law / Jurisdictional Issues
These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.
Arbitration and Actions
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Notwithstanding the foregoing, GAMETV reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
Termination
You acknowledge and agree that GAMETV, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of or access to a GAMETV Site, and remove and discard any information or content related to a GAMETV Site for any reason, including where GAMETV believes that you have violated any of these Terms and Conditions. You further agree that GAMETV shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with a GAMETV Site or with any terms, conditions, rules, policies, guidelines, or practices of GAMETV in operating a GAMETV Site, your sole and exclusive remedy is to discontinue using the GAMETV Site or service.
Submission Of Ideas and/or Suggestions
GAMETV is always improving its websites and services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, GAMETV would like to hear them – but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO GAMETV (including but not limited to programming development ideas) BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO GAMETV, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO GAMETV THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT GAMETV IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY GAMETV, WITHOUT OBTAINING PERMISSION OR LICENSE FROM YOU OR ANY THIRD PARTY.
General Provisions
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between GAMETV and you pertaining to your use of a GAMETV Site and supersedes any prior agreements between you and GAMETV with respect to the subject matter hereof. GAMETV’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais.