1. Acceptance of Terms:
1.2. Any reference in these Rules to:
- "We", "Us" or "Our" includes both Vernon Tigers and the Site;
- "You" or "Your" means You as a user of the Site; and
- "User(s)" means all and any users or viewers of the Site.
1.3. You acknowledge and accept that the Vernon Tigers reserve the right, at Our sole discretion, to revise, modify or replace these Terms at any time without notice. We encourage You to please refer to the Terms periodiclly for the latest version. You are bound by such revisions by continuing to use or visit the Site after they are posted online.
1.4. Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. If You do not agree to the these Terms or any part there-of please notice that You are not allowed to use the Site.
2. The Website:
2.1. The Site was created, is uploaded and maintained by one of Our volunteers, as such, the contents here-in are provided as a convenience to You. The contents of the Site are provided on an "as is" and "as available" basis. The Vernon Tigers do not warrant that the Site will be uninterrupted or error-free. The Vernon Tigers reserve the right to revise the Site or any part there-of or withdraw access to it, at any time, without notice.
2.2. The Site may contain interactive areas designed to allow You to post content on the Site and/or comment, including by posting or commenting on the Vernon Tigers Facebook Account, Instagram Account and Twitter Account or any other such social media platforms. The use of these features is additionally governed by the "Code of Conduct".
2.3. The Site contains a FreeFind.com search engine that permits You to search Our Site for information. The use of the FreeFind.com search engine is additionally governed by FreeFind.com's "Terms and Conditions".
2.4. For your ease of accessibility the Site includes links to websites on the Internet that are owned or operated by third parties including those that have given a fee, to the Vernon Tigers, to advertise their product or service on the Site. It is the responsibility of the said third parties to ensure the accuracy of the said link and/or logo image. By following the links to such third-party website, You shall review and agree to that website's "rules of use" before using such website. You also agree that the Vernon Tigers has no control over the content of that website and cannot assume any responsibility for material created or published by such third-party website. In addition, a link to a third-party website or non-website, does not imply that the Vernon Tigers endorses the website or the products or services referenced in such third party website.
2.5. All images supplied by third parties that have paid a fee to the Vernon Tigers are owned and or copyrighted by those third parties. Those same third parties have given the Vernon Tigers permission to reproduce 'said' images on our Site. You must attain your own permission from 'said' third parties to reproduce 'said' images.
2.6. If submitting material to the Site, for example, by E-mail, Text, Twitter, Facebook or any other such form of a Messaging System, You agree to be governed by the Code of Conduct and that;
- The material will not contain any item that is unlawful or otherwise unfit for publication;
- You will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material;
- You own the material or have the unlimited right to provide it to Us and the Vernon Tigers may publish the material, free of charge, and/or incorporate it or any concepts described in it, on the Site, without accountability or liability, unless otherwise marked as 'CONFIDENTIAL', 'DO NOT PUBLISH', 'NOT FOR WEB' or a similarity there-of;
- You agree not to take action against the Vernon Tigers in relation to material that You submit and You agree to indemnify Us if any third party takes action against Us in relation to the material you submit.
3. Ownership of Website Content:
3.1. As between You and the Vernon Tigers, the Vernon Tigers owns all intellectual property rights, including without limitation copyright and trade-mark rights, in all materials on or comprising the Site (Content), including, without limitation, all written, audio visual or other materials and graphical elements on the Website, but excluding User Content (defined below (4.) The Vernon Tigers grants You a limited license to use, download, print, or reproduce in whole or in part, the Content on this Site, subject to the following conditions:
- they must be used or reproduced accurately, without any modification;
- they must identify the Vernon Tigers and the Site as the source;
- reproduction in whole or in part of the Site and/or its contents is permitted so long as acknowledgement of the source is prominently displayed, acknowledged, mentioned and maintained with-in the reproduction, preferrably in the form of "Courtesy of the Vernon Tigers / VERNONTIGERS.CA";
- the Vernon Tigers consents to You browsing the Site on Your computer, mobile device or printing copies of extracts from this Site for Your personal use only, not for reproduction or redistribution to the public unless, consented to by the Vernon Tigers. Individual documents on the Site may be subject to additional terms indicated in those documents; and
- the use of the Site and the content there-in, is permitted for private, non-commercial use. The use of press releases and other documents classified as public is permitted in public communications if, the source for the information has been stated.
3.2. The Vernon Tigers's express, prior, written permission is required for any Content that is not included in the license above, such as any graphical elements or website code, and/or for the use of Content for any purpose not expressly permitted above, such as for any commercial purpose whatsoever.
3.3. The Site applies use of some third party content with autherized permission. You must obtain your own permission from such third party to reproduce their content.
4. User Content; Privacy:
4.1. You may be able to post or upload (in designated areas of the Website) written content or other content (collectively "User Content") to the Site. You are solely responsible for Your own User Content and the consequences of posting or publishing it. By uploading or posting User Content to the Site, You automatically grant the Vernon Tigers a worldwide, non-exclusive, royalty free, license to use, reproduce, modify, translate into different languages or formats, and publish such User Content on the Site for the purpose of sharing the User Content with Users and visitors of the Site and to promote the Site. You represent and warrant that You own or have the rights to use and license the Vernon Tigers to use the User Content in the manner contemplated by the Site and these Terms.
5.1. YOUR USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE AND CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE VERNON TIGERS DOES NOT WARRANT THAT THE SITE OR CONTENT CONTAINED IN THIS SITE> WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
5.2. WITHOUT LIMITING THE FOREGOING, THE VERNON TIGERS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, THE ABILITY TO USE, OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE VERNON TIGERS MAY MAKE CHANGES OR IMPROVEMENTS TO THE CONTENT OR THE WEBSITE AT ANY TIME. THE VERNON TIGERS MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
6. LIMITATION OF LIABILITY:
6.1. THE VERNON TIGERS, ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND VOLUNTEERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, OR DAMAGES RESULTING FROM ANY:
- ERRORS OR OMISSIONS IN CONTENT,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, OR
- FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
6.2. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES, AND EVEN IF THE VERNON TIGERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
6.3. YOU SPECIFICALLY ACKNOWLEDGE THAT THE VERNON TIGERS, ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND VOLUNTEERS SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
7.1. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE VERNON TIGERS, ITS EMPLOYEES, AGENTS, OFFICERS , DIRECTORS AND VOLUNTEERS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, JUDGMENTS, LOSSES, LIABILITIES, COSTS OR DEBT, ATTORNEY'S FEES AND OTHER EXPENSES ARISING FROM:
- YOUR USE OF AND ACCESS TO THE SITE;
- YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR
- ANY CLAIM THAT YOU DID NOT HAVE THE RIGHT TO PROVIDE ANY USER CONTENT OR THAT YOUR USER CONTENT CAUSED DAMAGE TO A THIRD PARTY.
7.2. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE WEBSITE. IN SUCH A CASE, THE VERNON TIGERS WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.
8.1. You affirm that You are either more than 18 years of age, or possess parental or guardian consent to agree to these Terms and access and use the Site, and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
8.2. These Terms will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in the Province of British Columbia, Canada. The Site is physically stored at Joe's Datacenter on web servers in Kansas City, Missouri, United States Of America, as such are under the jurisdiction of said city, state and country, however the Site is uploaded and maintained from Vernon, British Columbia, Canada.
8.3. You may not assign these Terms or assign any rights or delegate any obligations under these Terms, in whole or in part, whether voluntarily or by operation of law, without Our prior written consent.
8.4. These Terms constitute the entire agreement between you and the Vernon Tigers with respect to the subject matter and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remaining provisions of the Terms will continue in full force and effect.
9. Code of Conduct:
9.1. You may not use the Site for any illegal or unauthorized purpose. In addition to the laws of the Province of British Columbia, Canada, you also agree to comply with all local laws that apply to your use of the Site.
9.2. You may not use the Site in any manner which could disable, overburden, damage, or impair the Site, Joe's Datacenters servers or computer network, or interfere with any other party's use and enjoyment of the Site.
9.3. You agree that you are responsible for your own conduct and communications while using the Site and for any consequences of that use. By way of example, and not as a limitation, you agree that when using the Site, you will not:
- post or upload any inappropriate, promotional, defamatory, destructive, obscene, or unlawful content;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- post or upload any User Content that infringes any patent, trademark, copyright, trade secret or other intellectual property right of any party;
- impersonate another person, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any content;
- use the Site in connection with surveys, contests, junk email, spamming or any duplicative messages (commercial or otherwise);
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site to collect information about other users;
- upload files that contain bugs, viruses, trojan horses, worms, or any other similar software or programs that may damage the operation of the computer or property of another; or
- submit User Content that falsely expresses or implies that such User Content is sponsored or endorsed by any party where it is not sponsored or endorsed by such party.
9.4. While the Vernon Tigers prohibits such conduct and User Content in connection with the Site, you understand and agree that nonetheless you may be exposed to such conduct or User Content and that you use the Site at your own risk.
9.5. The Vernon Tigers reserves the right to monitor use of this Site to determine compliance with these Terms. Although the Vernon Tigers does not read, review, vet or otherwise assess User Content in advance of its posting, the Vernon Tigers reserves the right to remove any User Content without notice for breach of these terms or for any other reason.