TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use relate to the Canadian Football League Players Association’s (the “CFLPA’s”) mobile application (the “CFLPA App”). The CFLPA App provides a fast, effective and efficient way for authorized users to receive and to communicate confidential information relating to the CFLPA through this centralized content-sharing communication platform.
As an authorized user of the CFLPA App, you agree to be bound by the following Terms and Conditions of Use. If you do not agree to the Terms and Conditions of Use, you will not be granted access to the CFLPA App.
1. Acceptance of Terms
Each time you use or access the CFLPA App, you agree to be bound by these terms of use, which may be amended from time to time with or without notice to you. In addition, if you are using a particular service hosted on or accessed via the CFLPA App, you will be subject to any rules or guidelines applicable to the said services, and they will be incorporated by reference within these terms of use. Please refer to the Privacy Policy which is incorporated within these terms of use by reference.
2. Right to Edit the CFLPA App
The CFLPA App and services provided to you on and through the CFLPA App are provided on an “AS IS” basis. You agree that the CFLPA App editor exclusively reserves the right to modify or discontinue provision of the CFLPA App and its services, and to delete the information you provide, either temporarily or permanently. The CFLPA App editor shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any information.
3. Your Responsibilities
In order to use the CFLPA App or certain parts of it, you may be required to sign up and log in to the CFLPA App`; in this case, you agree to provide truthful information when requested. You must be at least thirteen (13) years of age. By registering, you explicitly agree to the CFLPA App’s terms of use, including any amendments made by the CFLPA App editor from time to time and available here.
4. Minors
Persons under the age of thirteen (13) may not register to use the CFLPA App.
5. Privacy Policy
Registration data and other personally-identifiable information that may be collected on the CFLPA App is subject to the terms of the CFLPA App’s privacy policy.
6. Log In and Passwords
You are wholly responsible for maintaining the confidentiality of your password, and will be responsible for any and all usage of your user account and/or user name, whether authorized by you or not. You agree to immediately notify the CFLPA App editor of any unauthorized use or your user account, user name or password.
7. Your Conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available to the CFLPA App, shall be under the sole responsibility of the person providing the content or the person whose user account is used. You agree that the CFLPA App may expose you to content that may be objectionable or offensive. The CFLPA App editor shall not be responsible to you in any way for the content that appears on the CFLPA App, nor for any error or omission.
By using the CFLPA App, or any service provided thereby, you explicitly agree that you shall not:
(a) provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortuous; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere or interrupt the CFLPA App, or any service provided, infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity; forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use the CFLPA App for the provision of any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising, without the CFLPA App’s prior written consent;
(e) provide any content that may give rise to civil or criminal liability of the CFLPA App editor, or that may constitute or be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyright, trademark, patent, or trade secrets;
(f) Post, transmit, link to or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability or otherwise use CFLPA App in a manner which is contrary to law or would serve to restrict or inhibit any other person from using or enjoying CFLPA App;
(g) Defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
(h) Post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, concelbot, Trojan horse, worm or other harmful or disruptive component.
8. Intellectual Property Rights
The CFLPA App and its contents are protected by intellectual property rights, including copyright and trade marks. Except as expressly authorized, you agree not to disclose, copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of the CFLPA App, in whole or in part.
9. English Language
You confirm that it is your wish that this Agreement, as well as all other documents relating hereto, including all notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention, de même que tous les documents, y compris tout avis, qui s’y rattachent, soient rédigés en langue anglaise.
10. Submission of content on the CFLPA App
You may access the CFLPA App solely for your own personal use. You must not use any content of the CFLPA App for any commercial or illegal purpose.
By submitting any material to the CFLPA App you acknowledge that the information may be copied, modified or distributed in any manner that the CFLPA App shall determine. You will indemnify the CFLPA App if any third party takes action in relation to the information you provide.
You must not cause any nuisance, annoyance or inconvenience to the CFLPA App or other authorized users of the CFLPA App.
You must not submit any information or material which is defamatory, offensive, menacing or obscene to the CFLPA App or which may cause nuisance, annoyance, damage or offence, inconvenience to the CFLPA App or any other person or which is illegal. The CFLPA App may remove such material from the CFLPA App at any time without notice to, or consent by, you.
The CFLPA reserves the right to suspend the CFLPA App at any time for operational, regulatory, legal or other reasons. The CFLPA may terminate your use of the CFLPA App with immediate effect if you breach any of these Terms.
11. Indemnification
You agree to indemnify and hold harmless the CFLPA App editor and the CFLPA App editor’s subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, due to or arising out of your conduct or connection with this CFLPA App or service, your provision of content, your violation of these terms of use, or any other violation of the rights of another person or party.
12. Disclaimers
Your use of the CFLPA App is at your sole risk. The CFLPA App is provided on an “as is” and “as available” basis and it is not guaranteed that the CFLPA App will be suitable for your purposes or requirements. If your mobile device or computer do not support relevant technology including encryption, you may not be able to use certain services or access certain information on the CFLPA App. The content of the CFLPA App has been compiled from a variety of sources and is subject to change without notice. The CFLPA uses reasonable care in compiling and presenting the content of the CFLPA App, but gives no guarantee that the content is complete, accurate, error or virus free or up to date. So far as permitted by law, the CFLPA disclaims all warranties, conditions and other terms of any kind, whether express or implied, whether in contract, tort (including liability for negligence) or otherwise, including, but not limited to any implied term of satisfactory quality, fitness for a particular purpose, and any standard of reasonable care and skill
13. Notification of copyright infringement
If you believe that your property has been used in any way that would be considered a copyright infringement or a violation of your intellectual property rights, please contact the CFLPA at the following address:
Mr. Brian Ramsay
175 Barton Street East
Stoney Creek, Ontario
Canada, L8E 2K3
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