Shaw Hockey Productions

Website Terms of Use

Last Updated: April 27, 2020

These Website Terms of Use, and any policies incorporated by reference, including but not limited to the Privacy Policy (collectively, “Terms of Use”) constitute a legally binding agreement between you and Shaw Hockey Productions, LLC (“Shaw,” “we,” “us” or “our”) governing your use of the Shaw website and any other technology platform owned or operated by Shaw (collectively, the “Shaw Platform”).

By clicking “ACCEPT,” or by using or accessing any content, product, service, or other feature available through the Shaw Platform, including an embedded viewer, you expressly acknowledge that you understand and agree to be bound by the terms, conditions, policies, and guidelines of these Terms of Use.

IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THESE TERMS OF USE, YOU MAY NOT USE OR ACCESS THE SHAW PLATFORM. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU WILL NOT BE ABLE TO USE THE SHAW PLATFORM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE JUST AS IF YOU HAD SIGNED THEM.

Please be advised: These Terms of Use contain provisions that govern how claims you and Shaw have against each other can be brought (see Section 14). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SHAW TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.

These Terms of Use are not meant to alter the terms or conditions of any separate written agreement between you and Shaw, and to the extent any terms conflict, your written agreement with Shaw control.

THESE TERMS OF USE INCORPORATES BY REFERENCE ALL THE TERMS AND CONDITIONS STATED IN THE POLICIES AND AGREEMENTS IN THE ADDENDA LISTED IN SECTION 16 BELOW. PLEASE REVIEW THE FOREGOING DOCUMENTS AS THEY CONTAIN PROVISIONS THAT ARE BINDING ON YOU, INCLUDING BUT NOT LIMITED TO PROVISIONS THAT GOVERN HOW CLAIMS YOU AND SHAW HAVE AGAINST EACH OTHER CAN BE BROUGHT.

Capitalized terms not defined herein have the meaning set forth in our other agreements and policies listed in Section 16.

1.     The Shaw Platform and the Services Provided

The Shaw Platform offers you the ability to:

·       view and request the photography, videography, editing, and related services provided by Shaw (the “Professional Services”);

·       use and access our live video hosting and streaming services (each a “Livestream”) through the Shaw Platform, applications, and embeddable video players (collectively, the “Livestream Services,” and together with the Professional Services, the “Services”); and

·        view and purchase videos, photographs, and other content created, produced, licensed by, or otherwise owned by Shaw (the “Products”);

While access to certain portions of the Shaw Platform are free, Shaw reserves the right to charge fees for any Services, Products, features and benefits associated with the Shaw Platform at any time.

2.     Modification to these Terms of Use

Shaw reserves the right to revise these Terms of Use, and any information referenced in the hyperlinks, at its sole and absolute discretion, by updating this posting. If changes are material, we will post a banner and a link on the Shaw Platform notifying you of the material change. The revised terms will take effect the date they are posted on the Shaw Platform. Continued use of the Shaw Platform or Services after any such changes shall constitute your consent to such modifications. Please review these posted terms on a regular basis.

Shaw reserves the right to, at any time and without notice, limit access to, modify, change or discontinue the Shaw Platform. You agree that Shaw will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Shaw Platform. You agree that Shaw may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of the Shaw Platform.

3.     Eligibility

The Shaw Platform may only be used by individuals who can form legally binding contracts under applicable law. The Shaw Platform is not available to children (persons under the age of 18) or users who have had their User Account (hereinafter defined) temporarily or permanently deactivated. By using the Shaw Platform, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of these Terms of Use.

4.      Ownership of Shaw Platform and Contents

The Shaw Platform is owned by Shaw. Unless otherwise indicated, all of the content featured or displayed on the Shaw Platform, including, but not limited to, Products, Livestreams, text, graphics, data, photographs, images, logos, videos, gifs, moving images, sound, illustrations, software, and the selection and arrangement thereof (“Shaw Content“), is owned by Shaw, its licensors, or its third-party image partners. All elements of the Shaw Platform, including the Shaw Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

Any purchases you make are subject to our Licensing Agreement (link).

Nothing in these Terms of Use constitutes the conveyance by Shaw of any ownership or other rights (except the license rights granted herein) in any Shaw Content. For clarity, the Shaw Content, including the Products and Livestreams, do not  constitute a work made for hire by Shaw.

Trademarks, logos, and any other product or service name or slogan contained in the Shaw Platform are trademarks of Shaw and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Shaw or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “Shaw” or any other name, trademark or product or service name of Shaw without our prior written permission. In addition, the look and feel of the Shaw Platform, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Shaw and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Shaw Platform are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

We welcome your comments and feedback regarding the Shaw Platform and Services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Shaw or otherwise (collectively, “Comments”) are not confidential and will become and remain Shaw’s property. The disclosure, submission or offer of any Comments will constitute an assignment to Shaw of all worldwide rights, titles and interests, and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.

If you believe, in good faith, that any materials on the Shaw Platform infringe upon your copyrights, please view Section 15 for information on how to make a copyright complaint.

5.    Embedded Viewer

When purchased, and where enabled, you may embed Shaw Content on a website, blog or social media platform using the embedded viewer (the “Embedded Viewer”). Not all Shaw Content will be available for embedded use, and availability may change without notice. Shaw reserves the right in its sole discretion to remove Shaw Content from the Embedded Viewer. Upon request, you agree to take prompt action to stop using the Embedded Viewer and/or Shaw Content. You may only use embedded Shaw Content for editorial purposes (meaning relating to events that are newsworthy or of public interest). Unless otherwise agreed to in writing by Shaw, embedded Shaw Content may not be used: (a) for any commercial purpose (for example, in advertising, promotions or merchandising) or to suggest endorsement or sponsorship; (b) in violation of any stated restriction; (c) in a defamatory, pornographic or otherwise unlawful manner; or (d) outside of the context of the Embedded Viewer.

Shaw (or third parties acting on its behalf) may collect data related to use of the Embedded Viewer and embedded Shaw Content, and reserves the right to place advertisements in the Embedded Viewer or otherwise monetize its use without any compensation to you.

6.        Account Registration

In order to access certain Services or purchase certain Products you may be required to create an account (“User Account”).

By creating a User Account, you (this includes any agent designated by you operating on your behalf) agree to provide us with complete and accurate information and to keep this information up to date. This may include, but is not limited to, your name, email address, telephone number, company name, and password.

You are solely responsible for activities that occur under or through your account, including activities initiated by third parties, whether or not such activities are authorized by you. Should you grant a third party to act on your behalf, you shall ensure that third party is bound by, and abides by, these Terms of Use. You agree to immediately notify Shaw of any unauthorized use of your account or any breach of your account security. Please refer to the Shaw Privacy Policy for how we store, access, use, and share any information you provide to us.

7.     Billing Policies

As an express condition of using certain Services and buying certain Products, you agree to pay all Fees, including any applicable taxes associated with such Services or Products. You acknowledge that amounts billed may vary due to changes to account and pricing structure and changes to associated taxes, and you authorize Shaw to bill you accordingly. YOU SHALL BE RESPONSIBLE FOR ALL FEES INCURRED UNDER YOUR USER ACCOUNT REGARDLESS OF YOUR AWARENESS OF SUCH FEES OR THE AMOUNTS THEREOF.

No refunds or credits will be provided for partial or unused Services.

You acknowledge that Shaw reserves the right to terminate your access to the Shaw Platform and Services for failure to pay Fees. Additionally, you hereby acknowledge that any license granted hereunder are immediately revoked if you fail to pay your Fees in a timely manner.

All Fees will be billed to the credit card with which you provide us. You authorize the card issuer to pay any Fees incurred by you.

You agree to provide current, complete and accurate billing and credit card information. You agree to promptly update card numbers, expiration dates and billing address to keep your User Account current and accurate. You must update your card in the event it is lost or stolen.

If your Fees are not paid by your credit card issuer, you agree to pay all Fees you incur by providing another credit card. Should you have difficulty using a credit card to make a payment, please contact Shaw at [email address] for additional payment options.

You agree to pay all costs of collection efforts, including attorney fees and costs.

Fees may be collected and distributed through a third-party payment processing service, therefore you may be required to register with a third-party payment processor (“PSP”). Shaw may replace its PSP without notice to you. Additionally, you may be required to agree to terms of service of the PSP, and go through a vetting process at the request of the PSP to set up your account with the PSP (“PSP Services Agreement”). By accepting these Terms of Use, you agree that you have reviewed and agreed to, the PSP Services Agreement. Please note that Shaw is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that Shaw has no obligation, responsibility or liability to you or other party under the PSP Services Agreement. To help prevent fraud and safeguard your information from the risk of unauthorized access, Shaw and/or the PSP may validate an account before activation.

Shaw reserves the right, but not the obligation, in its sole discretion, upon request or claim from you, or upon notice of any potential fraud, unauthorized charges or other misuse of the Shaw Platform or Services, to (1) place on hold any Fees, charges, payment, or (2) refund or provide credits, or arrange for the PSP to do so. Should you have a claim, please contact us at info@shawhockey.com

8.     General Disclaimers and Releases

The Shaw Platform is made available solely for your personal, noncommercial use. Users do not have authority to enter into written or oral contracts, whether implied or express, on behalf of Shaw.

SHAW CANNOT GUARANTEE THE ACCURACY OF MATERIAL AND CONTENT PROVIDED THROUGH THE SHAW PLATFORM. TO THE EXTENT ALLOWED BY APPLICABLE LAW, YOUR EXCLUSIVE REMEDY FOR INACCURATE CONTENT PROVIDED THROUGH THE SHAW PLATFORM IS THAT, UPON NOTIFICATION BY YOU THAT SOME CONTENT IS INACCURATE, WE WILL TAKE REASONABLE STEPS TO INVESTIGATE THE REPORTED INACCURACY TO THE EXTENT REQUIRED BY APPLICABLE LAW, TARIFF, RULE OR REGULATION. BASED ON THE RESULTS OF THE INVESTIGATION WE WILL CORRECT ANY INACCURACY THAT WE DETERMINE EXISTS.

OTHER THAN AS REQUIRED UNDER APPLICABLE LAW REGULATION OR AN EXPRESS WRITTEN AGREEMENT BETWEEN YOU AND SHAW, SHAW DOES NOT GUARANTEE THE AVAILABILITY OF THE SHAW PLATFORM, SERVICES, OR PRODUCTS. FOR THOSE REASONS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, SHAW DISCLAIMS ANY LIABILITY FOR ANY INACCURACIES OR ERRORS IN THE SHAW PLATFORM, PRODUCTS, OR  SERVICES, OR THE CONTENT PROVIDED RELATED TO THE SHAW PLATFORM AND SERVICES.

UNDERSTANDING THE INHERENT RISK OF THE ACTIVITIES RELATED TO THE PRODUCTS OR SERVICES PROVIDED BY SHAW, YOU, ON BEHALF OF YOURSELF AND YOUR PARTICIPANTS, HEREBY WAIVE AND RELEASE SHAW FROM LIABILITY FROM ANY ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES, INJURY, DEATH OR OTHER MATTERS ARISING OR RELATING TO AND PRODUCTS OR SERVICES PROVIDED BY SHAW, EXCEPTING ONLY THOSE CAUSED BY SHAW’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE SHAW PLATFORM AND SERVICES, INCLUDING BUT NOT LIMITED TO, ALL CONTENTS AND ALL PRODUCTS AND ADDITIONAL SERVICES ARE PROVIDED ON AN ‘AS IS‘ BASIS. SHAW DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHAW DOES NOT WARRANT THAT YOUR USE OF THE SHAW PLATFORM AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SHAW PLATFORM, SERVICES, OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH SHAW ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE SHAW PLATFORM OR SERVICES. YOUR USE OF THE SHAW PLATFORM AND SERVICES IS AT YOUR OWN RISK.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES AND PRODUCTS ARE PROVIDED AS-IS. SHAW DOES NOT MAKE AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

9.     Restricted Activities

The Shaw Platform and the Shaw Content are intended for customers of Shaw. You may not use the Shaw Platform or the Shaw Content for any purpose not related to your business with Shaw. You are specifically prohibited from:

  • downloading, copying, or re-transmitting any or all of the Shaw Platform or the Shaw Content without, or in violation of, the Licensing Agreement, or any other written license or agreement with Shaw;
  • using any data mining, robots or similar data gathering or extraction methods;
  • manipulating or otherwise displaying the Shaw Platform or the Shaw Content by using framing or similar navigational technology;
  • reverse engineering, altering or modifying any part of the Shaw Platform or the Shaw Content;
  • circumventing, disabling or otherwise interfering with security-related features of the Shaw Platform or any system resources, services or networks connected to or accessible through the Shaw Platform;
  • selling, licensing, leasing, or in any way commercializing the Shaw Platform or the Shaw Content without specific written authorization from Shaw;
  • using the Shaw Platform or the Shaw Content other than for its intended purpose;

Additionally, with respect to your use of the Shaw Platform and Services, you agree that you will not:

  • stalk, threaten, or otherwise harass any person;
  • violate any law, statute, rule, permit, ordinance or regulation;
  • interfere with or disrupt the Shaw Platform or the servers or networks connected to the Shaw Platform;
  • use the Shaw Platform or Services in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Shaw Platform;
  • use any robot, spider, Shaw Platform search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Shaw Platform or its contents;
  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
  • cause any third party to engage in the restricted activities above.

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

10.    Your Information

Your “Information” is any information you provide, publish or post to or through the Shaw Platform or send to other users.

You are solely responsible for your Information and your interactions with Users and other members of the public. You agree to provide and maintain accurate, current and complete information and acknowledge that we, other Users, and other members of the public may rely on your Information as accurate, current and complete. You acknowledge that if your Information is not accurate, current, and complete it may impact your use of the Shaw Platform and Services.

You acknowledge and warrant to Shaw that you own all rights, title and interest in your Information. To enable Shaw to use your Information for the purposes described in these Terms of Use, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Shaw does not assert any ownership over your Information.

11.    Third Party website Platform & Links

“Third Party websites” refers to any reference or link to an external website, app, document, resource, quote, advice or recommendation not owned, operated or affiliated with Shaw or its subsidiaries.

The Shaw Platform may contain links to Third Party websites. Access and use of Third Party websites is at your own risk, and Shaw is not responsible for the accuracy or reliability of any information, data, opinions, statements or advice on Third Party websites that you access from Shaw Platform or Services. Third Party websites are not controlled, owned or operated by Shaw, and Shaw is not liable for any damage or losses caused or alleged to be caused by or in connection with reliance or use of any Third Party website. Any external links to Third Party website does not imply an endorsement or recommendation in any way.

12.    User Indemnification

You acknowledge and agree to indemnify and hold Shaw, its affiliates, and their respective directors, officers, agents, partners, subsidiaries and employees harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of (a) any content appearing on our Shaw Platform published by you, (b) your participation in the Shaw Platform or Services; (c) your use of the Products you purchase or other Shaw Content in violation of these Terms of Use, Licensing Agreement, or other Shaw policies or agreements; (d) any violation of these Terms of Use by you or third party using your User Account, (e) the violation, infringement or misappropriation by you, or third party using your User Account or Products, of any intellectual property or other right of any person or entity, including, but not limited to, trademark, copyright, right of publicity and right of privacy, or (f) any pornographic, hate-related, threatening, libelous, obscene, harassing or otherwise objectionable or offensive material contained in any of your use of the Products or Services.

13.    Liability Limitations

NEITHER SHAW NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SHAW PLATFORM OR SERVICES, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SHAW PLATFORM OR SERVICES. SHAW IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH SHAW, SHAW PLATFORM, SERVICES OR ANY MATERIALS ON THE SHAW PLATFORM OR SERVICES, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SHAW PLATFORM OR SERVICES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

NOTWITHSTANDING ANYTHING IN THESE TERMS OF USE, TO THE EXTENT SHAW IS FOUND LIABLE FOR ANYTHING RELATED TO THESE TERMS OF USE OUR TOTAL LIABILITY SHALL NOT EXCEED [$1,000.00].

14.    Arbitration

YOU AND SHAW MUTUALLY AGREE TO WAIVE RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, AS SET FORTH BELOW.

Except where prohibited, by accessing or using the Shaw Platform or Services, you agree that any and all questions, controversies, claims and causes of action arising out of or connected with the construction, validity, interpretation, and enforceability of these Terms of Use shall be resolved exclusively by means of arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, in Denver, Colorado, and shall be resolved individually, without resort to any form of class action or representative action, and you agree that you shall not seek to aggregate any claims with other individuals. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Claims shall be heard by a single arbitrator. The place of arbitration shall be Denver, Colorado. The arbitration shall be governed by the laws of the State of Colorado without giving effect to any choice of law or conflict of law rules of the State of Colorado or of any other jurisdiction. Depositions shall be limited to a maximum of three per party and shall be held within twenty (20) days of the making of a request. Additional depositions may be scheduled only with the permission of the arbitrators, and for good cause shown. Each deposition shall be limited to a maximum of seven hours duration. Time is of the essence for any arbitration under these Terms of Use and arbitration hearings shall take place within ninety (90) days of filing and awards rendered within one hundred twenty (120) days. The arbitrator shall agree to these limits prior to accepting appointment. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The prevailing party shall not be entitled to an award of attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.

 

15.    Copyright Complaint

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Shaw will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: info@shawhockey.com.

If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Shaw Platform;
  • Your address, telephone number, and e-mail address; and
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

Shaw will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

16.    Addenda

These Terms of Use incorporate the following policies and agreements, and all the terms and conditions contained therein, by reference:

  • Privacy Policy
  • Livestream Terms
  • Livestream Services Agreement
  • License Agreement

Please review the foregoing policies and agreements as they contain provisions that are binding to you.

17.    General

No waiver by Shaw of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Shaw to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms of Use and shall not cause the invalidity or unenforceability of the remainder of these Terms of Use.

These Terms of Use shall be governed by the laws of the State of Colorado without regard to choice of law principles. This choice of law provision is only intended to specify the use of Colorado law to interpret these Terms of Use and is not intended to create any other substantive right to non-Coloradans to assert claims under Colorado law whether by statute, common law, or otherwise.

These Terms of Use constitute the sole and entire agreement between you and Shaw and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Shaw Platform or Services.

If you have any questions regarding these Terms of Use, the Shaw Platform, or Services, please contact info@shawhockey.com.