Terms and Conditions
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE PLAYFULLSCREEN SUBSCRIPTION SERVICES, OR BY CHECKING THE "I ACCEPT THE TERMS OF SERVICE" BOX LOCATED ON THE ONLINE ORDER FORM, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THE TERMS, CONDITIONS AND DISCLAIMERS SET OUT IN THIS AGREEMENT, AS AMENDED FROM TIME TO TIME.
GENERAL: PlayFullScreen Subscription
Service Webcast website (the "Site"), and the webcast access
(the .Webcast.) offered through the Site, are produced and made available
by PlayFullScreen. ("PFS")
DESCRIPTION OF SERVICE: The
Site provides a service that enables website visitors to view a LIVE
WEBCAST. To access such Service, the user must complete an order form
(the .Order..)
PAYMENT TERMS: The Charges
applicable for the Services together with all applicable taxes, including
GST for all subscribers (including non-residents as per Canada Revenue
Agency (CRA) legislation) will be billed automatically to the credit
card (the "Account Credit Card") you designated during the
Order process or subsequently designated to Chase Paymentech. You warrant
that you are the cardholder of the Account Credit Card and the relevant
information required for processing charges is valid at all times. You
must notify us of any change of address or other relevant information
in a timely fashion. If the Account Credit Card expires, you must notify
us of the new expiration date before the previous expiration date has
passed. PFS reserves the right to levy an administration fee for any
credit card transaction that fails. If you want to designate a different
credit card or if there is a change to the existing Account Credit Card,
please advise us e-mailing [email protected] except as provided below,
the Charges will be processed and the Account Credit Card will be charged
no later than five (5) days subsequent to delivery of the Service. You
agree to pay all Charges incurred in connection with your use of the
Service through your Order, including any applicable taxes, at the rates
in effect when the said Charges were incurred. Except as provided herein,
all Charges are nonrefundable. I understand that payment will be processed
by Chase Paymentech. and that . Chase Paymentech is the name
that will appear on my transaction record. Please note that Charges
do not include any applicable fees or charges incurred to access, or
to receive alerts or other information from the Site or any of the Services,
through an Internet, wireless or other third party service provider.
Subscription packages will
be billed on the Order date and every Period (monthly, semi-annually
or annually) thereafter on the anniversary of the Order. Accounts may
be terminated at any time and will remain active until the Period anniversary
date of the Order. Refunds will not be given for partial Periods. Accounts
may be terminated by emailing [email protected] and providing you name and account
login.
PFS TERMINATION: PFS reserves the right to terminate your Order and
your access to the Site and Webcast at any time and for any reason,
including without limitation, if the Account Credit Card is invalid
for any reason, if PFS does not receive payment, or where PFS has determined,
in its sole discretion, that use of the Webcast by you is, or was in
breach of the Terms of Service. Any such termination by PFS shall be
in addition to and without prejudice to such rights and remedies as
may be available to PFS, including injunction and other equitable remedies.
The disclaimer, limitations on liability, and indemnity provisions shall
survive termination or expiry of your order and this Agreement.
DISCLAIMERS: YOU EXPRESSLY UNDERSTAND AND AGREE THAT EACH OF PFS, ITS
AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES
(COLLECTIVELY THE "PFS GROUP") DOES NOT MAKE ANY, AND HEREBY
DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS
(COLLECTIVELY THE "WARRANTIES") OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY,
FREEDOM FROM INFECTIONS OR VIRUSES OR COMPLETENESS AS WELL AS ANY WARRANTIES
ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR
USAGE OF TRADE. FURTHER, THE PFS GROUP DOES NOT WARRANT THAT THE SITE,
THE SERVICES OR THE CONTENT WILL CONTINUE TO OPERATE OR OTHERWISE OPERATE
WITHOUT INTERRUPTION OR OTHERWISE IN A TIMELY, SECURE OR ERROR-FREE
MANNER OR THAT SAME WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. LIMITATION
OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL
PFS (INCLUDING EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES
AND AGENTS) BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE (JOINTLY
OR SEVERALLY) FOR ANY CLAIM, LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT
LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL
OR EXEMPLARY DAMAGES OR ANY DAMAGES FOR LOSS OF INFORMATION OR DATA,
PROFITS, SAVINGS, REVENUE, GOODWILL OR OTHER INTANGIBLE LOSSES ARISING
FROM, OR IN ANY WAY CONNECTED WITH THE SITE, THE SERVICES OR ANY OF
THE CONTENT (INCLUDING THE PERFORMANCE, USE OF, OR ACCESS TO, OR THE
INABILITY TO USE OR ACCESS SAME), REGARDLESS OF WHETHER THE PFS GROUP
HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH CLAIM,
DAMAGE OR LOSS. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN
SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, BREACH
OF WARRANTY, CIVIL LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL PFS'
AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT PAID TO PFS BY YOU FOR
THE WEBCAST. CERTAIN SERVICES ARE PROVIDED THROUGH NETWORKS AND FACILITIES,
INCLUDING THE PUBLIC TELEPHONE NETWORK, THAT ARE NOT UNDER THE CONTROL
OF PFS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES
SHALL PFS GROUP BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE
OF THE SITE, SERVICES OR CONTENT RESULTING DIRECTLY OR INDIRECTLY FROM
ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING,
WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES,
TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL
POWER FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL
DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS,
EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS AND ORDERS OF DOMESTIC
OR FOREIGN COURTS OR TRIBUNALS. You acknowledge and agree that the Services
may be temporarily unavailable as a result of disruptions as described
above. While PFS makes every reasonable effort to minimize such downtime,
PFS cannot guarantee the 100% availability of the Services. Accordingly,
if you are dissatisfied with the Services for any reason, your sole
and exclusive remedy is to discontinue use of the Services in accordance
with these Terms of Service. You expressly acknowledge that PFS has
set the Charges for the Services, entered into this Agreement, and has
and will make the Services available to you in reliance upon the limitations
and exclusions of liability and the disclaimers set forth herein, and
that the same form an essential basis of the bargain between you and
PFS. You expressly agree that the limitations and exclusions of liability
and the disclaimers set forth herein will survive, and 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 this Agreement.
COMPUTER VIRUSES: While PFS makes every reasonable effort to ensure
that the Services made available on the Site do not contain computer
viruses and other destructive elements, you acknowledge and agree that,
prior to your use of any of the Services, it is solely your responsibility
to (a) take all protective measures to guard against viruses and other
destructive elements (including the use of industry standard and updated
virus scanning tools); and (b) ensure that you have a complete, current
and secure back-up of the applicable items of information and software
on your computer or other electronic device used to access the Site
and Services.
INDEMNITY: You agree to defend, indemnify and hold harmless each of
PFS, its affiliates, licensors, co-branders and other partners, and
each of their respective officers, directors, employees and agents,
including all third parties mentioned on the Site, from and against
any and all claims, actions or demands, including without limitation
reasonable legal and accounting fees, alleging or resulting from: (a)
your breach of any of the Terms of Service; (b) your access to or use
of the Site or Services; (c) your use or reliance on, or publication,
communication or distribution of anything on or from the Site; or (d)
your violation of any law or regulation.
PROHIBITED USES: You agree to comply with all applicable laws with respect
to your use of the Services. PFS may investigate any violations of law
and may cooperate with law enforcement authorities in prosecuting users
in this regard..
LAW AND JURISDICTION: The Site and Services are controlled, operated
and administered by PFS from its offices within Canada. The Terms of
Service shall be interpreted, construed and governed by the laws in
force in the Province of British Columbia, Canada.
GENERAL: This Agreement is personal to you, and you may not assign your
rights or obligations to anyone. The Terms of Service constitute the
entire agreement between PFS and you pertaining to your use of the Services
and supercede any prior agreements between you and PFS. The parties
have required that the Terms of Service and all documents relating thereto
be drawn up in English.