Shaw Hockey Productions
Last Updated: April 27, 2020
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.
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 You agree that Shaw may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of the Shaw Platform.
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).
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.
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.
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 email@example.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.
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
13. Liability Limitations
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.
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: firstname.lastname@example.org.
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.
- Livestream Terms
- Livestream Services Agreement
- License Agreement
Please review the foregoing policies and agreements as they contain provisions that are binding to you.