PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE STREAMING 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
The Streaming Service (the "Service") offered through the Site, is made available by
Yare Media Group Inc. ("Yare") in cooperation with TEDxBearCreekPark. Yare provides streaming platform services
that enable content providers to deliver audio visual sports
and entertainment content over the internet to certain internet connected devices such as PCs, mobile phones,
tables connected TVs and other devices.
DESCRIPTION OF SERVICE
The Service enables website visitors to view live streaming of the TEDxBearCreekPark event being
held live on April 6, 2019 at Surrey City Hall. To access the events offered within
the Service, the user must create an account.
TECHNICAL REQUIREMENTS
You are responsible for all hardware, software and internet connectivity necessary to access the Services. We
will use reasonable measures to ensure that the Service is available at all times, however, the Service is
provided on an "as is" basis. The quality of the display of the streaming of the event may vary from computer to
computer, and device to device, and may be affected by a variety of factors, such as your location, the
bandwidth available through and/or speed of your Internet connection. At certain venues the video and technical
requirements associated with producing the streams may be provided by student or volunteer personnel. We will
not have any liability to you for the cancellation or abandonment of any event or the failure to show an event
as scheduled, nor in the circumstance where you are unable to watch any event on a specific platform device.
Certain software used to deliver the Service may vary by device and medium, and functionalities may also differ
between devices. You acknowledge that the use of the Service may require third party software that is subject to
third party licenses.
CONTENT USAGE RESTRICTIONS
The Services and the Content are for your personal, non-commercial use, entertainment and enjoyment. You may not
reproduce, duplicate, copy, translate, broadcast, publicly display, sell, transmit, retransmit, license,
sub-license, publish or modify any of the Services or the Content without the prior written consent of Yare and
TEDxBearCreekPark.
ACCOUNT TERMINATION
Yare and TEDxBearCreekPark reserve the right to terminate your access to the Site and Service at any time and
for any reason where Yare has determined, in its sole discretion, that use of
the Service by you is, or was in breach of the Terms of Service. Any such termination by Yare shall be in
addition to and without prejudice to such rights and remedies as may be available to Yare, 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 YARE AND TEDXBEARCREEKPARK, THEIR AGENTS, REPRESENTATIVES AND
LICENSORS AND
EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE "EVENT PROVIDER") DO 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 EVENT PROVIDER 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 YARE AND TEDXBEARCREEKPARK
(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 EVENT PROVIDER 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 YARE AND
TEDXBEARCREEKPARK'S
AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT PAID TO YARE AND TEDXBEARCREEKPARK BY YOU FOR THE SERVICE. CERTAIN
SERVICES ARE
PROVIDED THROUGH NETWORKS AND FACILITIES, INCLUDING THE PUBLIC TELEPHONE NETWORK, THAT ARE NOT UNDER THE CONTROL
OF YARE AND TEDXBEARCREEKPARK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL
THE EVENT
PROVIDER 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, DENIAL OF SERVICE ATTACKS, 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 Yare and TEDxBearCreekPark make every reasonable effort to minimize such downtime, Yare
and TEDxBearCreekPark
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 Yare and TEDxBearCreekPark have set the
Charges for the
Services, entered into this Agreement, and have 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 Yare and TEDxBearCreekPark. 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 Yare 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 Yare and TEDxBearCreekPark, their 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. Yare 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 Yare 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 Yare and you pertaining to your use of the Services and
supersede any prior agreements between you and Yare. The parties have required that the Terms of Service and all
documents relating thereto be drawn up in English.
CONTACT US
You can contact us by emailing [email protected].
