Terms & Conditions
Elite Sports Tours Inc. created the following ticket agreement in order to clarify the terms and conditions upon which its web site is used.
1.0 Introduction and Definitions
Elitesportstours.ca is the online service operated by Elite Sports Tours Inc. on the World Wide Web of the Internet, consisting of ticketing services, ticketing resources, and related content provided by the Company, and by third parties. "Subscriber" means every person who establishes a connection for access to and use of elitesportstours.ca. elitesportstours.ca is a private, independently owned company, and is not associated with Ticketron, Ticketmaster, Tickets.com or any other ticketing company, web-site or agency, box office, theatre, stadium or arena. elitesportstours.ca is also not associated with and is not an agent or authorized representative of any professional or amateur sporting or racing league or association, such as MLB, NCAA, NFL, NBA,NHL, USTA, PGA, LPGA, USGA, NASCAR, WBA or any association, educational institution, club, corporation, partnership, player, team or other individual or entity participating in or sponsoring any sporting event, or of any other business or charitable artist, association, company, corporation, individual, organization, partnership, performer or other entity or person conducting, participating in, producing or sponsoring any other entertainment event, and all logos and names of any of them are their property and used for purposes of factual description only.
2.0 Agreement with Terms and Conditions
This Agreement sets forth the terms and conditions that apply to use of elitesportstours.ca by Subscriber. By using elitesportstours.ca, Subscriber agrees to comply with all of the terms and conditions hereof. The Policies and Privacy Statement is incorporated by reference, as if fully set forth herein.
3.0 Changes in Terms and Conditions
The Company has the right to change or discontinue any aspect or feature of elitesportstours.ca, including, but not limited to, content, hours of availability, and equipment needed for access or use, at any time the Company has the right to change or modify the terms and conditions applicable to Subscriber's use of elitesportstours.ca, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on elitesportstours.ca, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of elitesportstours.ca by Subscriber subsequent to such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
4.0 Conduct of Subscriber
4.1 Lawful Use
Subscriber shall use elitesportstours.ca for lawful purposes only. Subscriber shall not post or transmit through elitesportstours.ca any material which:
i. violates or infringes in any way upon the rights of others;
ii. is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable;
iii. encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or
iv. contains advertising or any solicitation with respect to products or services, unless the Company shall have expressly approved such material in advance of its transmission.
Any conduct by a Subscriber that in the Company's discretion restricts or inhibits any other Subscriber from using or enjoying elitesportstours.ca is expressly prohibited.
4.2 Downloading of Intellectual Property
elitesportstours.ca contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, some of which is owned by the Company and some of which is owned by third parties. Furthermore, the entire contents of elitesportstours.ca are copyrighted as a collective work/compilation. The Company owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of the Company (and the copyright owner if other than the Company). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
4.3 Uploading of Intellectual Property
Subscriber shall not upload, post or otherwise make available on elitesportstours.ca any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of elitesportstours.ca, Subscriber automatically grants, or warrants that the owner of such material has expressly granted the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants the Company the rights to edit, copy, publish, and distribute any material made available on elitesportstours.ca by Subscriber.
5.0 Disclaimers and Limitation of Liability
5.1 Use Is At Subscriber's Risk
Subscriber expressly agrees that use of elitesportstours.ca is at subscriber's own risk. Subscriber shall be responsible for protecting the confidentiality of subscriber's password(s), if any. Neither the company, its affiliates, nor any of their respective employees, shareholders, agents, third party content providers or licensors, warrant that elitesportstours.ca service will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of elitesportstours.ca, or as to the accuracy, reliability or content of any information, service, or merchandise provided through elitesportstours.ca.
5.2 No Warranties Of elitesportstours.ca's Service
elitesportstours.ca is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
5.3 Disclaimer Of Liability
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. Subscriber specifically acknowledges that the company is not liable for the defamatory, offensive or illegal conduct of other subscribers or third-parties and that the risk of injury from the foregoing rests entirely with subscriber. You are buying tickets from a third party; Elite Sports Tours is NOT the ticket seller. Ticket prices are set by the seller and may differ from face value. ALL SALES ARE FINAL. No refunds, transaction cancellations or exchanges will be issued for date/time changes or partial performances. Cancelled events will be handled on a case by case basis.
5.4 Subscriber's Waiver of Damages
In no event will the company, or any person or entity involved in creating, producing or distributing elitesportstours.ca be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use elitesportstours.ca. Subscriber hereby acknowledges that the provisions of this section shall apply to all content on elitesportstours.ca.
In addition to the terms set forth above, neither, the company, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or un-timeliness or un-authenticity of, the information contained within elitesportstours.ca, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
Subscriber agrees to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, shareholders, employees, agents, and assigns from and against all claims and expenses, including attorneys' fees, arising out of Subscriber's use of elitesportstours.ca.
7.0 Equipment for Subscriber's Use
Subscriber shall be responsible for obtaining and maintaining all telephones, computer hardware, and other equipment needed for access to and use of elitesportstours.ca and for any/all charges related thereto.
8.0 Copyrights and Trademarks
In addition to the copyright restrictions set forth in Paragraph 4.2 above, elitesportstours.ca, and its stylized version, the stylized version of elitesportstours.ca, the daily are trademarks of the Company. All rights reserved. All other trademarks appearing on elitesportstours.ca are the property of their respective owners.
9.0 elitesportstours.ca's Content
A portion of elitesportstours.ca content is supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of the Company. Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on elitesportstours.ca by anyone other than employee spokespersons of the Company while acting in their official capacities.
10.0 Entire Agreement
This Agreement, and any operating rules for elitesportstours.ca established by the Company, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
11.0 Controlling Law
This Agreement shall be constructed in accordance with the laws of the Province of Ontario, without regard to its conflict of laws rules.
The section headings used herein are for convenience only and shall not be given any legal import whatsoever.