NBLC LIVE TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE (THE “AGREEMENT”) CAREFULLY. BY USING THE NBLC LIVE PAY PER VIEW SUBSCRIPTION WEBCASTS, OR BY CHECKING THE “I ACCEPT THE TERMS OF SERVICE” BOX LOCATED ON THE ONLINE SUBSCRIPTION FORM, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THE TERMS, CONDITIONS AND DISCLAIMERS SET OUT IN THIS AGREEMENT, AS MAY BE AMENDED FROM TIME TO TIME.

The National Basketball League of Canada (“NBLC”) reserves the right to make changes, modifications, amendments and/or updates to the terms in this Agreement from time to time and for any reason, by posting such changes in this document, which you can access at any time at https://nblclive.ca/. You acknowledge and agree that you shall be responsible for reviewing this Agreement from time to time for changes, and that changes to this Agreement shall be effective when posted. By continuing to use the Service after NBLC has posted any such changes in this Agreement or otherwise, you are agreeing to be bound by this Agreement, as amended.

  1. General
    NBLC Live Pay Per View Webcast (the “Webcast”) access offered through https://nblclive.ca/ (the “Site”) is produced and made available by NBLC.

  2. Description of Service
    The Site provides a service that enables users to view a Webcast (the “Service”). To access such Service, users must complete and submit an order form (the “Order”) in such form as may be prescribed by NBLC from time to time.

  3. Payment Terms
    The current Order fees (the “Charges”) applicable to the Webcasts are located at https://nblclive.ca/. The Charges applicable to the Webcasts, together with all applicable taxes, including GST and HST (depending on provincial residency but which are not applied to non-Canadian 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 NBLC. All Charges will be processed in Canadian dollars. 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. NBLC 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 by e-mailing info@nblclive.ca. 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 non-refundable. If you request a change of team for your Team Pass and it is granted, you will be charged a $10.00 processing fee billed automatically to the Account Credit Card. If you request a cancellation of a Team Pass and it is granted, a pro-rated credit based on the dollar value of the number of total games remaining will be refunded to the Account Credit Card. If you request a refund for a single game and it is granted, the charge will be refunded to the Account Credit Card. You understand and agree that NBLC will process your payment and that “NBLC” is the name that will appear on your 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 Webcasts, through an Internet, wireless or other third party service provider.

  4. League Pass
    Includes NBLC Regular Season games and Playoff games.

  5. Team Pass
    Includes NBLC Regular Season games and Playoff games involving the selected NBLC team identified when placing the Order.

  6. Single Game Pass
    Includes only the NBLC Regular Season game or Playoff game specifically identified when placing the Order.

  7. Blackout and Territorial Restrictions
    The Service may only be used and/or accessed from the allowable territories as determined by NBLC. Blackout restrictions may apply to the Service depending on the date of the applicable game, your location and any applicable local, national and international content distribution exclusivity requirements. You may therefore be unable to view certain games via the Service from some locations. Please go to [WEBSITE] to learn more about these restrictions.

    IF YOU CIRCUMVENT, OR ATTEMPT TO CIRCUMVENT, ANY BLACKOUT RESTRICTION OR OTHER USE RESTRICTION, NBLC RESERVES THE RIGHT TO IMMEDIATELY TERMINATE YOUR SUBSCRIPTION; IN ADDITION, YOU MAY BE SUBJECT TO LEGAL ACTION BY NBLC OR OTHER THIRD PARTIES.

  8. NBLC Termination
    NBLC reserves the right to terminate your Order and your access to the Site and Webcasts at any time and for any reason, including without limitation, if the Account Credit Card is invalid for any reason, if NBLC does not receive payment, or where NBLC has determined, in its sole discretion, that use of the Webcasts by you is, or was, in breach of this Agreement. Any such termination by NBLC shall be in addition to and without prejudice to such rights and remedies as may be available to NBLC, including injunction and other equitable remedies. The disclaimer, limitations on liability, and indemnity provisions of this Agreement shall survive termination or expiry of your Order and this Agreement

  9. Disclaimers and Limitation of Liability
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT EACH OF NBLC, ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE “NBLC 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 NBLC GROUP DOES NOT WARRANT THAT THE SITE, THE WEBCASTS 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 THE NBLC GROUP (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 WEBCASTS OR ANY OF THE CONTENT (INCLUDING THE PERFORMANCE OF, USE OF, OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, SAME), REGARDLESS OF WHETHER NBLC HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH CLAIM, LOSS OR DAMAGES. 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 NBLC’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT PAID TO NBLC BY YOU FOR THE WEBCASTS. CERTAIN WEBCASTS ARE PROVIDED THROUGH NETWORKS AND FACILITIES, INCLUDING THE PUBLIC TELEPHONE NETWORK, THAT ARE NOT UNDER THE CONTROL OF NBLC. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL NBLC GROUP BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF THE SITE, WEBCASTS 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 Webcasts may be temporarily unavailable as a result of disruptions as described above. While NBLC makes every reasonable effort to minimize such downtime, NBLC cannot guarantee the 100% availability of the Webcasts. Accordingly, if you are dissatisfied with the Webcasts for any reason, your sole and exclusive remedy is to discontinue use of the Webcasts in accordance with this Agreement. You expressly acknowledge that NBLC has set the Charges for the Webcasts, entered into this Agreement, and has and will make the Webcasts 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 NBLC. 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 breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this Agreement.

  10. Computer Viruses
    While NBLC makes every reasonable effort to ensure that the Webcasts 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 Webcasts, 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 Webcasts.

  11. Indemnity
    You agree to defend, indemnify and hold harmless each of NBLC, 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, arising or resulting from: (a) your breach of this Agreement; (b) your access to or use of the Site or Webcasts; (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.

  12. Content Ownership and Prohibited Uses
    The content available through the Service is the property of NBLC and/or third parties (including, but not limited to, its affiliates), and is protected by copyright and other intellectual property laws. The NBLC name and logo and the names and logos of the NBLC teams are the property of NBLC and/or the member teams of NBLC. All other trademarks, logos and service marks (collectively, the “Trademarks”) appearing on the Site and/or the Webcasts are Trademarks of their respective owners. Nothing contained on the Site and/or Webcasts should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site and/or Webcasts without the written permission of its respective owner. Your use of the Trademarks displayed on the Site and or Webcasts, or any other content on the Site and/or Webcasts, except as provided in this Agreement, is strictly prohibited.

    You agree to comply with all applicable laws with respect to your use of the Webcasts. NBLC may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Unless otherwise explicitly authorized by NBLC in writing, the Webcasts are provided for your personal, non-commercial use. You may not distribute, reproduce, republish, display, transmit or use any material for public or commercial purposes without the written permission of NBLC. If you wish to purchase a League, Team or Single Game Pass for your business or otherwise for commercial purposes, please contact feedback@nblclive.ca to request a commercial subscription.

  13. Privacy and Collection/Use of Information
    NBLC agrees to comply with, and you acknowledge having read and agreed to the terms of, the NBLC Live Privacy Policy which may be found at https://nblclive.ca/privacy. Notwithstanding any provision of this Agreement, NBLC reserves the right to collect and use any data or other information gathered through any user’s use of the Site and/or Service, for internal purposes and/or for marketing and advertising purposes, provided always that such data or other information shall never identify or otherwise be attributable to any user, explicitly or implicitly, nor shall it ever identify any user as having used the Site or Services, unless so authorized by such user.

  14. Law and Jurisdiction
    This Agreement shall be governed by the laws of the Province of New Brunswick, and of Canada therein, without regard to conflicts of laws provisions, and without regard to the United Nations Convention on the International Sale of Goods. The jurisdiction and venue for actions related to the subject matter hereof shall be New Brunswick, Canada and all parties hereto hereby submit to the exclusive jurisdiction of such courts.

  15. Non Waiver
    Any waiver by NBLC of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. Notwithstanding the foregoing, no waiver will be implied from conduct or failure by NBLC to enforce or exercise its rights under this Agreement, nor will any waiver be effective unless provided in writing and signed by a duly authorized representative of NBLC.

  16. Severability
    If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and the other provisions of this Agreement shall remain in full force and effect.

  17. Communication
    As part of your use of the Site and/or Service you agree to receive a series of ongoing communications regarding the Site and/or Service. Upon receipt of this communication you will have the option to opt-out or unsubscribe.

  18. Choice of Language
    The parties have required that this Agreement and all documents relating thereto be drawn up in English.

  19. Assignment
    This Agreement is personal to you, and you may not assign your rights or obligations to anyone.

  20. Entire Agreement
    Subject to any Service subscription or Order, this Agreement constitutes the entire agreement between NBLC and you pertaining to your use of the Webcasts and supersedes all prior agreements, communications, understandings, negotiations and discussions, whether oral or written, expressed or implied, of the parties hereto with respect to the subject matter hereof.

  21. Inurement
    This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.

  22. Interpretation
    The headings to the sections of this Agreement are used for convenience only and shall have no substantive meaning.