Terms of use

Welcome to www.ottawateamshop.ca. The following are the Terms of Use ("Terms") that govern the use of this web site, including those portions comprising the Senators Ticket Marketplace (collectively, the "Site"). By using or visiting the Site, you expressly agree to be bound by these Terms and to abide by these Terms and all applicable laws and regulations governing the Site. In this policy, “we”, “our”, “us” and “Capital Sports” refer to Capital Sports & Entertainment Inc.* and its subsidiaries and affiliates. We reserve the right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. By your use of the ottawasenators.com web site, you expressly agree to be bound by and comply with all changes of these Terms. These Terms were last updated on December 20, 2007. If you violate these Terms, we may terminate your use of the Site, bar you from future use of the Site, cancel tickets you receive through the Site, cancel your ticket order, and/or take appropriate legal action against you.

*Capital Sports & Entertainment Inc. is the owner of the Ottawa Senators Hockey Club. “Ottawa Senators” is a registered trade-mark of Capital Sports & Entertainment Inc.

Permitted Use You agree that you are only authorized to visit, view and to retain a copy of pages of the Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than to review event and promotional information, for personal use, or to purchase tickets or merchandise, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by us to do so or unless deep-linking to a page within the Senators Ticket Marketplace where you have posted tickets for sale. The content and software on the Site is the property of Capital Sports and/or its suppliers and is protected by Canadian and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed.

Complying with Laws You acknowledge that complying with laws is your responsibility, and you agree not to hold us liable for your failure to comply with any law or our failure to notify you of, or properly apply, any law. Subject to our Privacy Policy and the Privacy Policy of CapitalTickets.ca, we will comply with law enforcement agencies and may provide them with all information you submit to us to assist in any investigation or prosecution they may conduct.

Verifications and Authorizations If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, you may be prohibited from using the Site.

User Contributions to the Site The Site may provide you with opportunities to contribute to the Site, which may include uploading a user profile, participating in online chats and using bulletin boards. Anything that is contributed to the Site by you or other Site users will be referred to in these Terms as "User Content". Capital Sports is not liable or responsible for any User Content. Capital Sports cannot preview User Content before it appears. Users can be held liable for any illegal or prohibited User Content that they provide to the Site, including, among other things, infringing, defamatory or offensive materials. If you discover objectionable material on the Site, please notify us at customersupport@ottawateamshop.ca. We will investigate your claim and may then take any actions deemed appropriate, in our sole discretion.

Links to Third Party Web Sites The Site contains links to web sites operated by third parties. Capital Sports has no control over these sites and makes no guarantees whatsoever regarding their content. Capital Sports does not warrant that such third party sites will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Capital Sports for any damages or losses, of whatever kind, resulting from your use of the Site to link to another site. If you have a problem with a link from the Site, please notify us atcustomersupport@ottawateamshop.ca, and we will investigate your claim and take any actions we deem appropriate, in our sole discretion.

Prohibited Content/Conduct The following kinds of User Content and conduct are prohibited on the Site:

Any User Content that promotes racism, hatred, harassment or physical harm of any kind against any group or individual;
Any User Content that contains information that you know is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
Any User Content that contains pornographic or sexually explicit material of any kind;
The transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
The promotion of illegal or unauthorized copies of another person's copyrighted work, such as the provision of pirated computer programs or links to them, the provision of information to circumvent manufacturer-installed copy-protect devices, or the provision of pirated music or links to pirated music files;
Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users; and
Engaging in commercial activities without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

Offline Conduct Although we cannot monitor the conduct of users off the Site, it is also a violation of these Terms to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any Site user without their prior explicit consent.

Commercial Use You may not use any bulletin board, chat or other area of the Site, nor any ticket or tickets purchased on or through the Site, for any commercial purposes such as to conduct sales of tickets, merchandise or services of any kind, except that the Senators Ticket Marketplace can be used to resell tickets to the extent permitted by law and applicable Capital Sports policies and terms. You must obtain our prior written consent to make commercial offers of any kind, except you may post tickets for resale through the Senators Ticket Marketplace to the extent you are doing so in accordance with the law and applicable Capital Sports policies and terms. We will investigate and take appropriate legal action against anyone who violates these Terms, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to the Site or Capital Sports’ other services, or cancel a ticket order or tickets with respect to any person we believe to be, or we believe to be acting in concert with any person whom we believe to be, violating the law or these Terms or Capital Sports’ policies or rights, or utilizing automated means to process or place ticket orders, or who has ordered a number of tickets that exceeds the stated limit. Violating any limitations or terms on the Site will be deemed to be a violation of these Terms.

Access and Interference 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 thereon or for any other unauthorized purpose without our prior express written permission. You agree that you will not use any device, software or routine that interferes with the proper working of the Site nor shall you attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload or "refresh" transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three second interval. You agree that you will not copy, reproduce, alter, modify, create derivative works based on, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior express written permission of Capital Sports.

You understand and agree that in Capital Sports’ sole discretion, and without prior notice, Capital Sports may terminate your access to the Site, cancel your ticket order or tickets acquired through your ticket order, cancel your ticket postings, remove any unauthorized User Content or exercise any other remedy available, if we believe that your conduct or the conduct of any person with whom we believe you act in concert, violates or is inconsistent with these Terms or the law, or violates the policies or rights of Capital Sports, a client of Capital Sports or another user of the Site. You agree that monetary damages may not provide a sufficient remedy to Capital Sports for violations of these Terms and you consent to injunctive or other equitable relief for such violations. Capital Sports is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated these Terms or any of Capital Sports’ rights.

Service Modifications Capital Sports reserves the right, in its sole discretion, to modify, suspend or discontinue any part of the Site at any time, with or without notice to you. We also reserve the right, in our sole discretion, to impose limits on certain features and services and to restrict access to any part or to all of the Site without notice to you. We shall not be liable to you or any third party for any claim or cause of action arising out of our exercise of the foregoing rights.

Privacy We believe that your privacy and the privacy of all our users is important. These Terms are subject to the Ottawa Senators’ Privacy Policy which are hereby incorporated by reference. Capital Sports will not be responsible or otherwise liable for any use or disclosure of your contact information, or financial information, by a third party to whom Capital Sports is allowed to disclose your contact information under the foregoing privacy policies. If you post any User Content to the Site, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. When we say in these Terms "post" we mean the provision of information (including, but not limited to, User Content) to the Site through features of the Site that are used to make information available to other members of the public (e.g., user reviews, bulletin boards, chat rooms, etc.). Information that is posted to the Site shall not be subject to the foregoing privacy policies and may be publicly displayed and disclosed and otherwise used by Capital Sports or any third party in any way. By posting User Content to the Site, you authorize us to use or allow others to distribute, reproduce or otherwise use such User Content. You should not post information about yourself on the Site that can be used to identify or contact you, including, but not limited to, your name, home or work address, phone numbers, pagers, email address or other such information. If you post such information, Capital Sports cannot prevent it from being used in a manner that violates these Terms, the law, or your personal privacy and safety. By posting such information on the Site, you violate these Terms, and you assume the risks and sole liability for the results of such posting.

Capital Sports is not liable for any lost data resulting from the operation of the Site or the enforcement of the Terms. We urge all users to maintain their own back up versions of any User Content or other information they submit to the Site.

Disclaimers CAPITAL SPORTS DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE OPERABLE, ERROR-FREE, VIRUS-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE ANY SPECIFIC RESULTS FROM USE OF THE SITE, USE OF ANY CONTENT OR LINK ON THE SITE, OR USE OF ANY CAPITAL SPORTS SERVICE. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. CAPITAL SPORTS CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CAPITAL SPORTS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF NON –INFRINGEMENT.

YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND DISCRETION. IN NO EVENT WILL CAPITAL SPORTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES, OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, REGARDLESS OF HOW SAME SHALL ARISE AND EVEN IF CAPITAL SPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CAPITAL SPORTS IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY THIRD PARTY PROMOTED OR REFERENCED ON THE SITE.

Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to Ottawateamshop.ca at customersupport@ottawateamshop.ca. Capital Sports may investigate the claim and take appropriate action, in its sole discretion.

Release and Indemnity You hereby release and agree to indemnify and hold Capital Sports and its affiliates, and each of Capital Sports’ and its affiliates' respective shareholders, directors, officers, agents, employees, contractors and principals, harmless from any loss, liability, claim or demand (including those of any third party), including reasonable attorneys' fees, due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.

Disputes; Arbitration If you have a dispute, including a dispute that involves an event (or ticket for an event), or a dispute regarding the Site, then you agree that the dispute will be settled in Toronto, Ontario, Canada by arbitration in accordance with the Arbitration Act, 1991, R.S.O. 1991, c. 17.

Governing Law These Terms shall be governed by the laws of the Province of Ontario, without regard to conflict of laws provisions. Subject to the section of these Terms titled “Disputes; Arbitration”, in the event of a dispute you consent to personal jurisdiction and agree to bring all actions exclusively in courts located in Toronto, Ontario, Canada

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