Last updated: February 4, 2016
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE AND/OR SERVICE. IN CONSIDERATION FOR THE USE OF THE SITE AND/OR SERVICE, YOU AGREE TO THESE TERMS. YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THESE TERMS BY VISITING OR USING THE SITE AND SERVICE, OR LINKING TO THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE OR SERVICE AND DO NOT LINK TO THE SITE.
EACH TIME YOU MAKE A PURCHASE OF PAID SERVICES (SEE SECTION 5) YOU AGREE TO THE THEN-MOST CURRENT TERMS. EACH TIME YOU USE THE SITE TO ACCESS NON-PAID SERVICES, YOU AGREE TO THE THEN-MOST CURRENT TERMS.
1. Changes to these Terms
URshow reserves the right to modify these Terms at any time, at its sole discretion. If URshow decides to change these Terms, URshow will post those changes here. We encourage you to visit this section of the Site regularly in order to remain informed of any changes.
3. Third-Party Services and Links
4. Use of the Site and Service
4.1 Permitted Use
- The Site and Service is offered solely for your own personal, informational, non-commercial, and non-competing use.
- You acknowledge and agree that if you post content on the Site and Service, including but not limited to comments, messages and questions, you are allowing everyone accessing the Site and Service to access and potentially copy your content.
- You acknowledge and agree that contest posted by you will be publically attributable to you. You further acknowledge and agree that once you post content, it may not be possible to delete the content.
- URshow may permit you to share portions of our Services across websites and other locations, such as through the use of an embeddable video player or social media. In these instances, the use of our Services is still subject to these Terms. For example, you may not use our Services for commercial activity such as by selling advertisements or receiving any fee of any kind against or in connection with our video player, nor may you embed our video player in any location that contains content in violation of our Terms. We reserve the right to prevent sharing of our Services, including for violations of our Terms, in our discretion.
4.2 Prohibited Use
In addition to the requirements set forth in other sections of these Terms, you agree not to access and/or use the Site or Service for any purpose not expressly authorized by these Terms and/or transmit, post, or distribute to the Site and Service content that:
- (i) constitutes an advertisement or solicitation of business of any kind, including but not limited to, spam, chain letters, and pyramid schemes;
- (ii) contains or constitutes software, computer programs, or routines of any kind, including but not limited to, viruses, bots, worms, spiders or offline readers;
- (iii) collects information about others, including but not limited to, users’ e-mail, passwords or other account information;
- (iv) imposes an unreasonable load on the Site’s infrastructure;
- (v) copies or distributes any part of the Site or Service in any medium without URshow’s prior written authorization;
- (vi) reverse engineers or decompiles the software comprising or included in the Site and Service;
- (vii) collects or harvests any personally identifiable information, including account names, from the Site and Service, nor to use the communication systems provided by the Site and Service for any commercial solicitation purposes; and/or
- (viii) solicits, for commercial purposes, any users of the Site and Service.
4.3 Limited Permission to Public Search Engines
Notwithstanding 4.2 above, URshow grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. URshow reserves the right to revoke these exceptions either generally or in specific cases.
4.4 Creating an Account
In order to access some features of the Site and Service, you will have to create an account (“Account” or “Accounts”). You may never use another's account without permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify URshow immediately of any breach of security or unauthorized use of your Account. Although URshow will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of URshow or others due to such unauthorized use.
You can access, view, update and make changes to your Account, by going to the control panel in your Account (“Account Control Panel”).
You must be the age of majority in the province, territory or state in which you reside in order to subscribe to the Service. In cases where you have authorized a minor to use the Service, you recognize that you are fully responsible for the minor’s conduct and consequences of any use or misuse of the Service by the minor. You acknowledge that some content in the Service may contain mature themes.
5. Free Services and Paid Services
URshow may offer both free and paid Services. Paid Services may include, for example, annual subscriptions or one-time special events (“Paid Service” or “Paid Services”). When URshow promotes Paid Services, we may also include details relating to the specific Paid Service (“Paid Service Details”). If you decided to purchase a Paid Service, you agree specifically to the Paid Service Details and these Terms that collectively constitute your agreement with URshow. Both the Paid Service Details and a link to these Terms will be provided to you by email in an order confirmation (the “Order Confirmation”).
5.1 Prices, Payment Methods and Billing
- URshow strives to provide accurate information about its Services, Paid Services and any related pricing, but errors may occur. URshow reserves the right to correct any errors in Services, Paid Services or pricing and to modify the prices of Paid Services at any time, without prior notice. URshow cannot confirm prices until after you submit an order for the Paid Service. Prices quoted are payable in U.S. Dollars unless otherwise displayed at check-out.
- Without limiting the generality of these Terms, in the event that the price or the Paid Service Details (as described on the Site and/or the Order Confirmation you receive) is incorrect due to an error in pricing or Paid Service Details, URshow may, at our sole discretion, refuse or cancel your order, whether before or after URshow’s acceptance thereof. If there is such an error in pricing, we will cancel your order and reverse any charges that have been applied. We will then contact you to ask you to place a new order for the Paid Service at the correct price.
- Before signing up for any of our Paid Services, URshow may ask you for a method of payment, such as a credit card. The cardholder and the Account member must be one and the same person. When you sign up for a Paid Service, you authorize URshow (or our partners) to bill your payment method on file in your Account at the advertised price plus any applicable taxes or fees.
- URshow values your security and privacy with all online transactions. URshow uses Secure Sockets Layer (“SSL”) technology to protect the security of your credit card information as it is transmitted. SSL is the industry standard for secure commerce transactions. It prevents your personal information from being read by someone else as it travels across the Internet. All of your personal information is encrypted, including credit card number, name and address. Nevertheless, there are certain risks associated with using the Internet.
- Your billing date will depend on when you sign up for our subscription Paid Services, and we will bill you based on that date (or the closest business day). Your billing date may change due to changes in your Paid Services. Please visit your Account Control Panel to see your billing date.
- If we are unable to charge your billing method for any reason, such as an expired credit card or insufficient funds, we may continue trying to bill your payment method. Your billing date may change if your payment method settles after your originally scheduled billing date. If we are unable to charge your payment method, we may, in our discretion, choose to deactivate, suspend or cancel your Account. If this happens, we will notify you.
- To ensure that your Paid Service continues uninterrupted, make sure your payment method on file in your Account is valid and up to date.
5.2 Electronic Documents
You hereby consent to the exchange of information and documents between you and URshow over the Internet or by email and that these Terms (together with any applicable Order Confirmation(s)) in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
For subscription Paid Services, URshow will continue to bill you for as long as you remain a paid member. You can always cancel whenever you want. URshow reserves the right to change our fees at any time, but no price change will go into effect until we have given you the appropriate notice of the change.
While URshow would hate to see you leave, you may cancel your subscription Paid Service at any time through your Account Control Panel.
All payments are non-refundable, and we will not refund you or credit you for any partially used periods. However, if you cancel your Paid Service, you will continue to have access to our Paid Services through the end of your then-current billing cycle and will of course continue to have access to our free Services.
If URshow is unable to provide a one-time special event Paid Service that you have ordered because the event has been canceled and not rescheduled, URshow will refund you the amount charged for that Paid Service. Paid Services are provided “as is” and on a “subject to availability” basis and Paid Services may be subject to temporary interruptions due to causes outside of URshow’s control (such as weather or technical failure). URshow will not refund charges or credit you for the blackout period or temporary interruptions.
6. Member Submissions
6.1 Member Submissions
You shall be solely responsible for your Member Submissions and the consequences of posting or publishing them. By posting or submitting any Member Submission, you automatically grant to URshow and its designees a non-exclusive, royalty-free, fully paid up, worldwide, transferable, sub-licensable, assignable, perpetual, irrevocable right and license to use, reproduce, publicly display, publicly perform, digitally perform, distribute, create derivative works based on, adapt (including without limitation edit, modify, translate, and reformat), transmit, make, have made, sell, offer for sale and import such materials or incorporate such materials into any form now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. For all such materials, including Member Submissions, that you submit to or through the Site and Service, you represent and warrant that:
- (i) you own or have all necessary rights, licenses, consents, and permissions to use and authorize URshow to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Member Submissions to enable inclusion and use of the Member Submissions in the manner contemplated by the Site, Service and these Terms;
- (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Member Submission to use his or her name or likeness to enable inclusion and use of the Member Submission; and
- (iii) your Member Submission will comply with all applicable laws, rules and regulations. You further irrevocably waive any moral rights or other rights with respect to attribution of authorship or integrity of materials regarding all materials that you submit to or through the Site that you may have under any applicable law or under any legal theory.
6.3 Prohibited Uses in Connection with Member Submissions
You must use the Site and Services, including in connection to Member Submissions, in a responsible manner. You agree not to use the Site and Services or contribute a Member Submission that:
- (i) restricts or inhibits any other user from using and enjoying the Site and Service;
- (ii) is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent or may otherwise offend;
- (iii) constitutes, advocates, or encourages conduct that would constitute or give rise to a criminal offense, civil liability, or other violation of any Canadian provincial, territorial or national law, regulation or order, or any U.S. or other international law, regulation or order;
- (iv) violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right
- (v) contains any falsehoods or other content that could harm URshow;
- (vi) contains a virus or other harmful component;
- (vii) contains any information, software, or other material of a commercial nature;
- (viii) contains advertising, promotions, or commercial solicitations of any kind;
- (ix) constitutes or contains false or misleading indications of origin or statements of fact; and/or
- (x) contains material irrelevant to the subject matter.
URshow has the right, but not the obligation, in its sole discretion, to review, edit, or delete any Member Submissions. Without limiting the foregoing, URshow has the right, but not the obligation, to delete any content that
- (i) violates these Terms; or
- (ii) is otherwise illegal, offensive, or inappropriate. Upon such violation, URshow will have the sole discretion to terminate your access to the Site and/or the Service, as well as terminate your Account.
Although URshow may from time to time monitor or review a Member Submission, URshow is under no obligation to do so and assumes no responsibility or liability arising from any Member Submissions for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Member Submission does not constitute approval or endorsement by URshow.
6.4 Be Conscious of What You Post
You acknowledge that your Member Submission is available to the public and accordingly agree that any content you post shall be deemed non-confidential. You should avoid posting any sensitive or personally identifiable information. When you provide any Member Submissions, you are acting at your own risk, and URshow disclaims all responsibility and liability for your posts.
6.5 Reporting Violations
If you believe that a Member Submission is defamatory, libelous, slanderous, false, obscene, pornographic, profane or misleading or is otherwise in violation of these Terms and wish to report the violation, please contact [email protected]SHOW.tv with the subject line: Reporting Violation. Although URshow is not obliged to delete content that you report, URshow reserves the right to delete content that is in violation of these Terms. Please be sure to describe the submission in sufficient detail so that URshow can identify it and please identify why you believe the content violates these Terms.
7. Copyright, Trademark and Intellectual Property
- All information, content and materials made available by URshow through the Site and Service, including, without limitation, any computer code, design, text, drawings, photographs, graphics, sound recordings and video recordings, as well as any copyrights, trademarks, patents or other intellectual property or proprietary rights comprising the Site and Service or any component or element of the Site and Service (collectively, the “Content”) is the exclusive property of URshow and its licensors and is protected by Canadian, U.S. and international copyright law.
- URshow and its licensors retain all rights in the Content of this Site and Service. The Content is provided to you AS IS for your informational, personal, non-commercial, non-competing use and may not be modified, copied, distributed, downloaded, displayed, emailed, transmitted, sold, licensed, performed or otherwise exploited in any form or by any means, for any purpose whatsoever, in whole or in part, without the prior written consent of the respective owner thereof, with the exception of permitted sharing as described in 4.1.
- You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Member Submissions by other users obtained through the Site and Service for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with related features of the Site, Service or their security features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site, Service or the Content therein.
The Content may not be used in connection with any service or information that is not owned, operated or licensed by URshow and its licensors or used or linked in any manner that is likely to cause confusion among the public or that disparages URshow or its affiliates. The rights granted herein terminate automatically if you breach these Terms. Upon termination of these rights, you must immediately destroy any Content you displayed or printed and remove any links to the Site and Service.
- The URSHOW.tv trademark, and other trademarks used on the Site and Service are protected property and may not be used, copied or imitated without the prior written consent of URshow.
7.2 Notice and Procedure for Making Claims of Copyright Infringement
- URshow respects the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is our policy to respond to notices that properly conform with the DMCA’s requirements. Accordingly, notices must meet the then-current statutory requirements imposed by the DMCA: see the U.S. Copyright Office’s web page at www.copyright.gov for details of the current DMCA requirements.
- If you believe in good faith that anything on the Site, Service or Content hosted by URshow infringes or violates your copyright rights, you (or your agent may send us a written notice requesting that the material be removed or that access to it be blocked. Pursuant to the DMCA, your written notice must include the following information (and as further set forth in 17 U.S.C. § 512(c)(3)):
- 1. Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Site and/or Service are covered by a single notification, you may provide a representative list of such works on the Site and/or Service, however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them;
- 2. Identification of the URL or other specific location on the Site that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material(s), so that we can comply with your request to remove or deny access to it/them;
- 3. Your name, address, telephone number and email address (if available);
- 4. The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf;
- 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- 6. A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements above, your DMCA notice will not be valid. You must submit any notification of an alleged copyright infringement to URshow’s DMCA Agent by mail or email as set forth:
2281 North Sheridan Way
Mississauga, Ontario, Canada L5K 2S3
Phone: 1 (905) 403 7299
Email: [email protected]SHOW.tv with the subject line “DMCA Notification”
This contact information is for DMCA notifications ONLY. ALL OTHER INQUIRIES DIRECTED TO THE DMCA AGENT WILL NOT BE ANSWERED.
Please note that you may be liable for damages, including court costs and legal fees, if you materially misrepresent that materials on the Site and/or Service are infringing a copyright.
7.3 Unsolicited Ideas or Content
Do not send URshow unsolicited ideas or content over which you claim or wish to claim intellectual property rights (“Unsolicited Content”). If you send us Unsolicited Content, you agree that:
- (i) URshow has no obligation to review the Unsolicited Content;
- (ii) URshow has no obligation to keep the Unsolicited Content confidential; and
- (iii) URshow will own and may use and redistribute the Unsolicited Content for any purpose without any obligation to acknowledge or to compensate you. These Terms will apply notwithstanding any express or implied term, reservation or restriction that accompanies the Unsolicited Content.
URshow is constantly creating new, original and fresh Content to provide through our Services, which means the Service, may change from time to time. You understand and agree that URshow has no obligation to provide or continue providing all or any specific Content through our Services. You also understand that our agreements with creators, celebrities and providers of content may restrict us from making some Content available to you in various ways, such as geographic restrictions or restrictions on the type the Site or Service, or the device through which some Content can be consumed.
8.1 Mature Content
Some Content provided by URshow may contain mature content, which may not be appropriate for all users. Some Content may not be rated and may contain violence, sexual content and mature themes. Adult and mature Content is only intended for users who are the age of majority in the Canadian province or territory in which they reside, or users who have received consent from a parent or legal guardian.
You acknowledge and agree that your Account may have access to adult or mature Content and/or Content that may depict nudity, sexual activity, violence, adult language, or is otherwise graphic or objectionable in nature. You agree that use of the Service is at your sole risk, and that URshow has no liability to you or anyone who uses the Service for the type of Content accessed.
9. Disclaimer of Warranties
IF YOU RESIDE IN A JURISDICTION WHERE THIS SECTION OR PARTS HEREOF MAY NOT BE VALID BY VIRTUE OF LOCAL CONSUMER PROTECTION LAWS (E.G. PROVINCE OF QUEBEC, CANADA), THEN THIS SECTION DOES NOT APPLY TO YOU AND YOU MAINTAIN YOUR RECOURSES PROVIDED BY LAW. PLEASE READ THIS ENTIRE SECTION CAREFULLY. CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, YOU WILL HAVE THOSE MINIMUM RIGHTS AVAILABLE TO YOU UNDER THAT CONSUMER PROTECTION LAW AND THE FOLLOWING PROVISIONS IN THIS SECTION 9 WILL NOT APPLY TO YOU.
YOU AGREE THAT ALL CONTENT ON THIS SITE AND SERVICE ARE PROVIDED "AS IS" AND “AS AVAILABLE,” AND ALL USE OF THIS SITE AND SERVICE IS AT YOUR OWN RISK. URSHOW DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES, CONDITIONS AND LIABILITIES OF URSHOW, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT URSHOW DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE SITE AND SERVICE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS SITE, SERVICE OR THE SERVER THAT THE SITE AND SERVICE ARE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND THAT YOUR USE OF THE SITE, SERVICE AND ANY CONTENT, INFORMATION AND/OR MEMBER SUBMISSIONS AVAILABLE THROUGH THE SITE AND SERVICE IS SOLELY AT YOUR OWN RISK.
SOME OF THE CONTENT AVAILABLE THROUGH THE SITE AND SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT URSHOW ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
10. Limitation of Liability
THE SITE AND SERVICE ARE CONTROLED AND OFFERED BY URSHOW AND ITS FACILITIES IN CANADA AND THE UNITED STATES OF AMERICA. URSHOW MAKES NO REPRESENTATION THAT THE SITE AND/OR SERVICE IS AVAILABLE OR APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE OR SERVICE FROM OTHER JURISDICTIONS DO SO AS THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
You expressly acknowledge that we make the Site, Service and Content therein available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth in these Terms, and that these form an essential basis of the bargain between you and URshow. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and, subject to applicable laws, 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 these Terms.
10.1 APPLICABLE TO ALL EXCEPT RESIDENTS OF THE PROVINCE OF QUEBEC
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, URSHOW AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS SITE, THIS SERVICE OR ANY CONTENT THEREIN (COLLECTIVELY, THE “INVOLVED PARTIES”) DISCLAIM ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. THE INVOLVED PARTIES DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, RESULTING FROM OR IN CONNECTION WITH: (A) ANY USE OF, OR INABILITY TO USE THE SITE, THE SERVICE, THE SOFTWARE, THE CONTENT, THE MEMBER SUBMISSIONS, ANY THIRD PARTY SOFTWARE, ANY THIRD PARTY PLATFORMS, OR OTHER MATERIALS IN OR ASSOCIATED WITH THE SITE AND SERVICE; (B) ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT; OR (C) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, THE SOFTWARE, THE CONTENT, THE MEMBER SUBMISSIONS, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS OR OTHER MATERIALS IN OR ASSOCIATED WITH THE SITE AND SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE INVOLVED PARTIES HAVE BEEN ADVISED OF, OR COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE.
10.2 APPLICABLE ONLY TO RESIDENTS OF THE PROVINCE OF QUEBEC
EXCEPT FOR DAMAGES RESULTING FROM THE INVOLVED PARTIES OWN ACTS, THE INVOLED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, RESULTING FROM OR IN CONNECTION WITH: (A) ANY USE OF, OR INABILITY TO USE, THE SITE, THE SERVICE, THE SOFTWARE, THE CONTENT, THE MEMBER SUBMISSIONS, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS, OR OTHER MATERIALS IN OR ASSOCIATED WITH THE SITE AND SERVICE; (B) ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT; OR (C) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, THE SOFTWARE, THE CONTENT, THE MEMBER SUBMISSIONS, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS OR OTHER MATERIALS IN OR ASSOCIATED WITH THE SITE AND SERVICE. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE
You agree to indemnify, defend and hold harmless URshow and its affiliates, and their respective officers, directors, shareholders, employees, agents, representatives, successors and assigns (the “Indemnitees”) from and against any claims, causes of action, damages, liabilities, losses, costs, or expenses (collectively, “Losses”) that the Indemnitees incur or may incur arising from, resulting from, or arising in connection with:
- (i) your breach of these Terms;
- (ii) your use of, including but not limited to, this Site, Service, Content or Member Submissions;
- (iii) personal injury or tangible and intangible property damage, casualty or loss suffered or incurred by the Indemnitees in connection with your use of the Site and Service (including loss of data) or Content, Member Submissions or other information services available by or through your use of the Site, Service, Content or Member Submissions (including damage, casualty or loss arising from the malicious acts of third parties which could have been prevented or avoided by you using reasonable protective means); and
- (iv) your acts and omissions in connection with your use of the Site, Service, Content or Member Submissions. You also agree to indemnify, defend and hold harmless the Indemnitees from and against any Losses that the Indemnitees incur or may incur arising from, resulting from, or arising in connection with your providing to URshow inaccurate or untruthful information via the Site and Service, whether to gain access to Content or other services provided through this Site, Service or otherwise.
12. Governing Law
These Terms are governed by and construed in accordance with the laws of the Province of Ontario, Canada and of the laws of Canada applicable therein without regard to its choice of law or conflicts of law principles. You agree that any dispute is to be submitted to a court of competent jurisdiction in City of Toronto, Province of Ontario, Canada.
13. Termination of Site and/or Service
URshow reserves the right to change or discontinue at any time, without notice, the Site, the Service, any Member Submissions, Content, contests, materials, equipment, specifications, models, products and/or other services described on the Site, Service or the availability thereof. URshow also reserves the right, in its sole discretion, to terminate these Terms and your access to all or part of the Site and/or Service with or without notice to you.
14. Entire Agreement; Severability
The section/paragraph headings appearing in these Terms are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope of extent of such section or in any way affect such section/paragraph.
These Terms are binding upon and shall enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder or otherwise without URshow's prior written consent, which consent shall be at URshow's sole discretion.
17. Contact Us
2281 North Sheridan Way
Mississauga, Ontario, Canada L5K 2S3