TERMS OF USE FOR THESCORE.COM, THE BULLHORN and BULLHORN VIDEO

1. Your Acceptance of these Terms of Use

   
   

   Score Media Ventures Inc. (“we” “us” or “SMV”) is the provider of thescore.ca website, all of its related websites, and all of its features and services, including The Bullhorn and Bullhorn Video (the “Website” or the “Site”). Please read these Terms of Use and the Privacy Policy carefully before using the Site or submitting information through the Site. By using the Site or submitting information to the Site, you are agreeing to these Terms of Use. If you do not agree, please do not use this Site or submit any information through the Site. We recommend that you print a copy of these Terms of Use and the associated Privacy Policy for your records. We reserve the right, at any time, to modify and update these Terms of Use from time to time without further notice to you, by posting such updated Terms of Use on the Site, so please check back periodically. Any such updates shall apply to you and your use of the Site and by continuing to use the Site, you shall be deemed to have accepted such changes.

   
   

   The Website may contain mature content and is not intended for persons under the age of 13. If you are under the age of 13, unless your parents have consented as set out below, please do not use the Site—there are lots of other great sites intended for kids of your age. Talk to you parent or legal guardian about what sites are appropriate for you. By using the Site, you affirm that you are at least 13 years old or older and are fully able and competent to enter into these Terms of Use, or if you are under 13 years old that your parent or legal guardian has consented to your use of this site and accepted these Terms of Use on your behalf. If you have authorized a minor to use the Site, you agree that your are fully responsible for the conduct of the minor (including the consequences of any misuse of the Site by the minor), and for controlling his or her access to the Site. You acknowledge that we have no obligation to monitor the Site or any content accessible through the Site.

   
   

   We may occasionally offer you the opportunity to enter into contests, games and prize drawings subject to any further terms and conditions or contest rules. By entering into such contests and games, you agree to be bound by such additional terms, conditions and rules. In the event of a conflict between these terms of use and the specific rules of any such contest or games, the specific rules of such contest or games shall govern to the extent of the conflict.

   
   

2. The Site

   
   

   These Terms of Use apply to all users of the Site, including users who are also contributors of video or audio content, information, and other materials or services on the Site. The Site may contain third party advertisements or materials, and/or links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies or practices of any third party websites. In addition, we do not and cannot censor or edit the content of any third party website. When you leave the Site, we encourage you to read the terms and conditions and privacy policies of the other websites. By using our Site, you expressly release us from any and all liability arising from your use of any third-party website or as a result of any third party presence on our Site.

   
   

3. Our Privacy Policy

   
   

   During your use of this Site, you may voluntarily submit personal information to us. We are committed to ensuring responsible practices in the collection, use and disclosure of your personal information in accordance with applicable law. Please click here to review our Privacy Policy (the "Privacy Policy"). The terms and conditions of the Privacy Policy are incorporated by reference into and form a binding part of these Terms of Use. BY SUBMITTING PERSONAL INFORMATION TO US OR OUR SERVICE PROVIDERS AND AGENTS, YOU AGREE TO OUR COLLECTION, USE AND DISCLOSURE OF SUCH PERSONAL INFORMATION FOR THE PURPOSES FOR WHICH YOU SUBMITTED THE INFORMATION, AND AS DESCRIBED IN AND IN ACCORDANCE WITH OUR PRIVACY POLICY, AND AS PERMITTED OR REQUIRED BY LAW. If you do not agree with our Privacy Policy, please do not provide us with any personal information.

   
   

4. Your Access to the Site

   
   

   We grant you permission to use the Site, in accordance with these Terms of Use, provided that: (i) your use of the Site is only for your personal, non-commercial purposes; (ii) you do not copy or distribute any part of the Site in any medium without our prior written authorization; (iii) you do not alter or modify any part of the Site other than as may occur during your proper use of the Site for its intended purpose; and (iv) you comply with these Terms of Use including all of the User Conduct rules set out below.

   
   

   In order to access some of the features or services of the Site, including The Bullhorn and Bullhorn Video, you will have to create an account. In doing so, you will be required to submit certain information about yourself, which you must do accurately and completely, and which you must maintain current. Any failure to do so could result in the suspension of your account and your right to use such features or services. You are responsible for your account and any activity in connection with your account. You are responsible for your password and must notify us if you become aware of or suspect any unauthorized use or activity in connection with your account.

   
   

   We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice to you and without any liability to you for doing so. We may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any specific features or content, without prior notice and without liability to you for doing so.

   
   

5. Your Submissions

   
   

   The Site permits you to submit video, audio or written materials and provides for the hosting, sharing and/or publishing of such submissions. Whether or not any such submissions are published, we do not guarantee any confidentiality with respect to any submissions or agree to provide any compensation for any submission. You are solely responsible for your submissions and the consequences of them being posted or published on the Site. We do not support or endorse any user submissions or any opinion, recommendation or advice expressed in a user submission, and we expressly disclaim any and all liability in connection with them.

   
   

   We do not permit copyright infringing activities or the infringement of intellectual property or other proprietary rights (including privacy and publicity rights) in connection with the Site, and we will remove all content and user submissions if properly notified that such materials infringe on a person’s intellectual property right. You agree that you will not submit any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights referred to in these Terms of Use. Accordingly, you affirm, represent and warrant that: (i) any materials you submit are wholly original to you, or to the extent they are not wholly original to you that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your submissions to enable inclusion and use of them in the manner contemplated by the Site and these Terms of Use; (ii) no payment, royalty or consent is required in connection with the rights granted to us in these Terms of Use (see section 7 below); and (iii) you have the written consent, release, and/or permission of each and every identifiable individual person in the submission to use the name and/or likeness of each and every such identifiable individual person to enable inclusion and use of the submissions in the manner contemplated by the Site and these Terms of Use. We reserve the right to remove materials without prior notice and also to terminate your account and/or access to the Site if we believe that repeated violations of this section have occurred.

   
   

   In order to receive permission to use or reproduce any material on this Site for purposes other than those set out in these Terms of Use, or to notify us of a potential copyright infringement claim, please submit your request or notice to the following:

   
   

   370 King Street West, Suite 435
   Toronto, Ontario M5V 1J9 Canada
   Attention: Director, Interactive
   E-mail: support@thescore.ca
   

   
   

   Any notification of a potential claim must be writing and include:
   
   

   1. the name and signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
   
   
   2. identification of each alleged infringing copyright work or works;
   
   
   3. identification of the alleged infringing material and information reasonably sufficient to enable us to search for and identify such material;
   
   
   4. information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number and e-mail address);
   
   
   5. a statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
   
   
   6. a statement that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   
   
   
   

6. Your Conduct

   
   

   In addition to the copyright and intellectual property rules set out in these Terms of Use, your use of the Site and its interactive features is subject to your compliance with the following conduct guidelines:

   
   
   • You may not to post, transmit, link to or otherwise distribute falsehoods or misrepresentations that could damage us or any third party.
   
   
   • You may not to post, transmit, link to or otherwise distribute any material that is unlawful, obscene, profane, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, violate the legal rights of any person (including publicity or privacy rights) or is otherwise inappropriate or would restrict or inhibit any other user from using or enjoying the Site. You may not post, transmit, link to or otherwise distribute material that exploits people under the age of 18 in a sexual or violent manner, solicits personal information from anyone under the age of 18, provides information about illegal activities, such as making or buying illegal weapons, violates someone’s privacy, or provides information relating to the creation of computer viruses or other harmful or disruptive components. You also agree not to post, transmit, link to or otherwise distribute in any way information, software or other material that infringes the intellectual property rights of any party.
   
   
   • You may not post advertisements or solicitations of any business or commercial activity, including contests or sweepstakes. You may not submit any material that relates to or involves the transmission of unsolicited mass mailing, “spamming”, “junk mail” or “chain letters”.
   
   
   • You may not impersonate or falsely suggest your association with another person, or submit materials in another person’s name.
   
   

7. Intellectual Property Rights

   
   

   Provided that you have complied with the requirements set out in the “Your Submissions” and “Your Conduct” above, you will retain all of your ownership rights in your submissions. However, by submitting materials to us, you hereby grant us a worldwide, perpetual, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, edit and perform the submitted material in connection with the Site and our business and the business of our subsidiaries and affiliates (specifically including The Score Television Network Ltd.), including without limitation the right to sublicense such rights, and to promote and redistribute part or all of the Site (and derivative works thereof) in any media formats and through any media channels without further compensation. You also hereby grant each user of the Site a non-exclusive license to access your submitted material through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such submitted material as permitted through the functionality of the Site and under these Terms of Use. You irrevocably waive in favour of us, our licensees, successors and assigns, any and all so-called “moral rights” in connection with your submission. You shall not have any right to rescind or terminate the permissions granted herein, and expressly and irrevocably waive any right to seek to obtain, or enforce, any injunctive or other equitable relief in relation to the use of your submission.

   
   

   Other than in respect of your submitted material, all material on the Site, including but not limited to, all text, data, sound, visual images, graphics, site design, software, programming, and all other content, and the selection, organization, functionality, performance and arrangement of the foregoing is owned or licensed by Score Media Ventures Inc. (the "Content Owner"). The Content Owner and/or its licensors own the copyright in all such materials unless otherwise indicated. The trade-marks (including all logos and designs) appearing on this website are the property of the Content Owner unless otherwise noted, and are used under license if not being used by the Content Owner directly. All trademarks that are not the property of the Content Owner are the property of their respective owners. You agree that if you do obtain permission from the Content Owner to copy a portion of the content of the Site, such copies shall retain all trade-mark, copyright and other proprietary notices in the same form and manner as on the original.

   
   

   The Content Owner permits you to access, use and print a copy of the Content on this Site from your personal computer for your own personal use. You shall not modify, publish, transmit, transfer, download, sell, reproduce or create derivative works from the Site or any of the Content on the Site in any manner, in whole or in part, except as expressly permitted by these Terms of Use or with the prior written consent of the Content Owner. Use of the Site or its Content for any purpose other than as expressly permitted in these Terms of Use is a violation of the Content Owner's (and/or its licensors') intellectual property rights and other proprietary rights and is strictly prohibited.

   
   

8. Warranty Disclaimer

   
   

   YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

   
   

9. Limitations of Liability

   
   
   1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, REPRESENTATIVES AND LICENSORS (COLLECTIVELY, THE "SMV PARTIES") BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED SAVINGS, INTERRUPTION OF ACTIVITIES, OR ANY OTHER PECUNIARY OR ECONOMIC LOSS) AND WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE DESCRIBED OR PROVIDED ON THIS SITE. IN NO EVENT SHALL ANY SMV PARTY BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY HYPER-LINKED WEBSITE.
   
   
   2. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SMV PARTIES' COMBINED TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION, SHALL BE LIMITED IN THE AGGREGATE TO $100.
   
   
   3. You agree that any cause of action arising out of or related to the Site will be permanently barred if it does not commence within one (1) year after the cause of action accrues.
   
   

10. Indemnity

    
    

    You agree to indemnify, defend and hold harmless the SMV Parties from and against any and all claims, demands, actions, liability, losses, costs and expenses (including legal fees and expenses) arising from or related to: (i) any use or alleged use of this Site under your password or other unique identifier by any other person, whether or not authorized by you; (ii) your breach of these Terms of Use, including any breach of your representations and warranties herein; and (iii) your violation of any law or the rights of any SMV Party or any third party arising out of your use of or inability to use the Site, its Contents, any hyperlinked website, and any of the products and services made available on the Site. We reserve the right to assume and delegate the exclusive defense and control of any claims, demands and actions arising in connection with this indemnity and you agree to cooperate with our and our designees' defence of these claims, demands and actions.

    
    

11. Jurisdiction and Governing Law

    
    

    We make no representation that the Site or the materials contained in it are appropriate or available for use in all locations. Those who choose to access the Site do so at their own risk and are responsible for compliance with local laws, if and to the extent that local laws are applicable.

    
    

    These Terms of Use (including the Privacy Policy) and your use of the Site shall be construed in accordance with and governed by the laws in force in the Province of Ontario and the federal laws of Canada applicable therein, without reference to any choice of law or conflict of law principles. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario for any claim related to these Terms of Use (including the Privacy Policy) and your use of the Site, and agree not to bring any action, claim, suit or proceeding against SMV, its affiliates or agents (or any officer, director, or employee thereof) in any jurisdiction other than the Province of Ontario.

    
    

12. General

    
    

    If any provision of these Terms of Use (including the Privacy Policy) are deemed unlawful or unenforceable by a court of competent jurisdiction, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use comprise the entire agreement between you and SMV, and supersede all prior agreements between the parties, regarding the subject matter contained herein.