Terms of Use

1. Agreement Between You and pbscorecard.com The following terms and conditions (the "Terms and Conditions") apply to all visitors to or users of this Web site. By accessing this Web site, the user acknowledges acceptance of these Terms and Conditions. In the case of any violation of these Terms and Conditions, pbscorecard.com reserve the right to seek all remedies available by law and in equity for such violations.
   
   
2. General Use Provisions; and Copyright. All materials provided on this Web site, including but not limited to all text, logos, designs, graphics, images, sounds, information, software, documents, products and services (collectively, the "Materials"), and the selection, arrangement and display thereof, are the copyrighted works of pbscorecard.com and/or its vendors or suppliers. All Materials herein and all pbscorecard.com software are proprietary to pbscorecard.com and protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of pbscorecard.com. Prohibited uses include, but are not limited to, "screen scraping", "database scraping" and any other activity intended to collect, store, reorganize or manipulate material displayed on the pbscorecard.com.
   
   
3. Limited License. pbscorecard.com hereby authorizes you to view, copy, download and print the Materials available on this Web site, provided that: (1) if you are a potential or actual user, the Materials are used solely for personal, non-commercial purposes and if you are a tournament director, the Materials are used only for the purposes of using the services expressly offered by pbscorecard.com; (2) the Materials are not modified or redistributed; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Materials. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of pbscorecard.com.
   
   
4. Trademarks. The trademarks, trade names and service marks (the "Marks") displayed on this Web site are the property of pbscorecard.com or other third parties. Users are not permitted to copy or otherwise use these Marks without the prior written consent of pbscorecard.com or such third party which may own the Mark. The following list of Marks owned by pbscorecard.com is not exhaustive, and pbscorecard.com may own other Marks not included here: pbscorecard.com
   
   
5. Compliance with Laws; Export Controls. You acknowledge that the software and any accompanying documentation and/or technical information is subject to applicable export control laws and regulations of Canada. You agree not to export or re-export the software, directly or indirectly, to any countries that are subject to Canadian export restrictions.
   
   
6. Devices. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the pbscorecard.com site or any listing, offer or transaction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
   
   
7. No Unlawful or Prohibited Use. As a condition of your use of this Web site, you warrant to pbscorecard.com that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities. In addition, you warrant that you will not use this Web site in any way prohibited by these terms, conditions and notices.
   
   
8. Dormancy Policy. pbscorecard.com reserves the right to delete any account not accessed within a period of 12 consecutive months.
   
   
9. Links to Third-Party Web Sites. This Web site may contain links to Web sites operated by parties other than pbscorecard.com. Such hyperlinks are provided for reference only. pbscorecard.com does not control such Web sites and is not responsible for their contents. pbscorecard.com's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. If you decide to access any of the third party sites linked to this Web site, you do so entirely at your own risk.
   
   
10. General Disclaimer. PBSCORECARD.COM IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. PBSCORECARD.COM DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, PBSCORECARD.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
    
    
11. Limitation on Liability. Except as specifically stated on this site, neither pbscorecard.com nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
    
    
12. Modification of the Web Site. pbscorecard.com (and/or its suppliers) reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Web site. pbscorecard.com may discontinue or revise any or all aspects of the Web site in its sole discretion and without prior notice.
    
    
13. Modification of These Terms of Use. pbscorecard.com reserves the right to change the terms, conditions, and notices under which this Web site is offered at any time. Modification of this contract will be deemed effective upon publication on the Web site with respect to Lessor actions, communications or transactions occurring after said date. It is your responsibility to check terms and conditions of this Agreement atthe time of each use.
    
    
14. Severability. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. pbscorecard.com does not render legal, brokerage, or other professional advice or services to any of its customers.
    
    
15. General. This agreement is governed by the laws of the province of Alberta, without regard to its conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts in Red Deer, Alberta, in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
    
    
16. Conduct
    You agree not to post, e-mail, or otherwise make available Content:
    • that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
    • that is pornographic or depicts a human being engaged in a sexual act;
    • that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    • that impersonates any person or entity, including, but not limited to, a pbscorecard.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.);
    • that includes personal or identifying information about another person without that person's explicit consent;
    • that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
    • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
    • that constitutes or contains "affiliate marketing", "link referral code", "junk mail", "spam", "chain letters", "pyramid schemes", "unsolicited commercial advertisement", the advertising of related "free services"
    • that constitutes or contains any form of advertising or solicitation.
    • that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by Canadian law;
    • that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
    • "stalk" or otherwise harrass anyone;
    • collect personal data about other users for commercial or unlawful purposes;
    • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by pbscorecard.com.
    • post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
    
    
17. No Spam Policy
    You understand and agree that sending unsolicited e-mail advertisements to pbscorecard.com users or promoting services similar to that provided by pbscorecard.com for the sole purpose of obtaining customers through pbscorecard.com computer systems is expressly prohibited by these Terms. Any unauthorized use of pbscorecard.com computer systems is a violation of these Terms and certain federal and provincial laws will be enforced. Such violations may subject the sender and his or her agents to civil and criminal penalties.
    
    
18. Violations of Terms and Liquidated Damages
    Please report any violations of the Terms, by e-mailing to info@pbscorecard.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for pbscorecard.com, Inc. to pursue legal action to enforce these Terms, you will be liable to pay pbscorecard.com, Inc. you agree to pay pbscorecard.com, Inc.s' actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, pbscorecard.com, Inc. retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
    
    
19. Intellectual Property
    By uploading or otherwise posting any data and other content on the Site (a "scorecard"), you agree that you have all right, title and interest in any such data or other content (or have otherwise obtained all necessary licenses or consents to do so). You agree that all scorecards and associated data are the property of pbscorecard.com. Accordingly, you hereby automatically assign all right, title, and interest in all of your scorecards upon completion of any game or match.