TeamUp Tournament Software Inc.™.
1) INTRODUCTION
TeamUp Tournament Software Inc.™ ("TTS") makes this Web site (the "Site"), including all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the "Materials") and all services operated by TTS and third parties through the Site (collectively, the "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that TTS may publish from time to time (collectively, the "Terms of Use").
By accessing or using this Site in any way, including, without limitation, use of any of the Services, or Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use ("TOU").
TTS reserves the right to change the TOU and other TTS guidelines or rules posted on the Site from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the TOU, rules, and guidelines posted on the Site at the time of such use. You should periodically check the "TOU" link on the Site's home page to view the then-current terms.
If you breach any of the TOU, your authorization to use the Site immediately terminates.
2) TYPES OF USERS
Please be aware that certain activities on this Site, such as the Tournament Organizer, are available only to persons who are covered under a paid or trial subscription agreement with TTS ("Subscribers") and persons invited by Subscribers to participate in such activities.
3) INTERNATIONAL USERS
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws ofBritish Columbia,Canada or the state in which you reside.
4) USE OF SERVICES
When using TTS, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services and to the TOU. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the TOU.
In addition to the Services offered by TTS, this Site also makes available other material provided by third parties (collectively, the "Third-Party Services"). The Third-Party Services are governed by separate license agreements that accompany such services. TTS offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between the Third-Party Services and the Materials and Services offered by TTS. You agree that you will not hold TTS responsible or liable with respect to the Third-Party Services or seek to do so.
5) MEMBER CONDUCT
You agree to not use the Materials and Services to:
a. upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. upload, post, email, transmit or otherwise make available any material 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; or
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6) MEMBER ACCOUNT, PASSWORD,AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TTS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TTS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
7) INTELLECTUAL PROPERTY
The Materials and Services, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and the TOU. Except as expressly provided herein, TTS and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
8) INDEMNITY
You agree to indemnify and hold TTS and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of material you submit, post, transmit or make available through the Services, your use of the Services, your connection to the Services, your violation of the TOU or your violation of any rights of another.
9) NO RESALE OF SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Materials or Services (including your Website identification), use of the Services, or access to the Services.
10) TERMINATION
You agree that TTS may, under certain circumstances and without prior notice, immediately terminate your Site account, any associated email address, and access to the Materials and Services.
11) DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE MATERIALS AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. TTS MAKES NO WARRANTY THAT (I) THE MATERIALS AND SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE , (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE MATERIALS AND SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TTS OR THROUGH OR FROM THE SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
d. A SMALL PERCENTAGE OF SITE USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICES IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
12) LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MATERIALS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA ; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
13) EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS LISTED ABOVE MAY NOT APPLY TO YOU.
14) NOTICE
TTS may provide you with notices, including those regarding changes to the TOU, by either email, regular mail, or postings on the Services.
15) GENERAL INFORMATION
a. Entire Agreement. The TOU constitute the entire agreement between you and TTS and govern your use of the Materials and Services, superceding any prior agreements between you and TTS. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other TTS services.
b. Choice of Law and Forum. The TOU and the relationship between you and TTS shall be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions. You and TTS agree to submit to the personal and exclusive jurisdiction of the courts located within the province of British Columbia .
c. Waiver and Severability of Terms. The failure of TTS to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
d. No Right of Survivorship and Non-Transferability. You agree that your TTS account is non-transferable and any rights within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all material and data therein permanently deleted.
e. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
f. Section titles: The section titles in the TOU are for convenience only and have no legal or contractual effect.
16) VIOLATIONS
Please report any violations of the TOU to the TTS.
Teamup Tournament Software Inc.™ is committed to keeping the Personal Information of its customers accurate, confidential, secure and private. This Privacy Policy has been designed to inform officers, employees, contractors, agents and customers of Teamup Tournament Software Inc. of our commitment to and recognition of our obligation to meet the terms of the Personal Information Protection Act SBC 2003, Chapter 63 of the Province of British Columbia and the federal Personal Information Protection and Electronic Documents Act 2000, c.5 ("PIPEDA").
This Privacy Policy describes the principles Teamup Tournament Software Inc. will use to protect the privacy of Personal Information of customers in its possession or control. It addresses the reasons why such information is collected, how it is used, how its confidentiality is protected and outlines the customers' rights in respect of this information.
For the purposes of this Privacy Policy, "Personal Information" means information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization. Personal information does not include information that has been aggregated such that an individual's information cannot be identified, for example the recording and sharing of debating scores.
In this Privacy Policy, "Teamup Tournament Software Inc.™", "we", "us" or "our" means Teamup Tournament Software Inc.™, and "customer", "you", and "your" means the individual who is a customer or prospective customer whose Personal Information is in our possession or control.
By accepting service from us, visiting or using our Website, or otherwise providing us with your Personal Information, you are accepting the practices described in this Privacy Policy, as they may be amended by us from time to time. The terms in this Privacy Policy may be changed from time to time, so you should review it for changes periodically on our Website.
Accountability
Teamup Tournament Software Inc.™ is accountable for the protection of all
Personal Information within the organization's possession or control, including
any Personal Information that has been
transferred to a third party for processing purposes. Teamup Tournament
Software Inc.™ may engage employees, contractors or other companies and third
parties to perform services for Teamup
Tournament Software Inc. that involve access to Personal Information. Teamup
Tournament Software Inc.™ shall use contractual or other means to provide a
comparable level of protection of this
information while the information is being processed by such third parties.
Gregg Perry is our Privacy Officer and is accountable for Teamup Tournament Software Inc.™'s compliance with this Privacy Policy. He may be contacted at:
Suite 433
15 – 180 Central Road
Duncan, BC V9L 4X3
Uses
At a minimum, Teamup Tournament Software Inc.™ collects Personal Information
from customers for the following purposes:
- To provide our services;
- For billing, record-keeping and other client contract and service matters;
- For audit purposes;
- For account collection purposes; and
- To manage and develop its business and operations.
Consent
Teamup Tournament Software Inc.™ will obtain your consent before, or when, it
collects, uses or discloses your Personal Information. Your consent to the
collection, use and disclosure of your
Personal Information may be either express or implied, depending on the
circumstances, the purposes for which such Personal Information is being
collected and the sensitivity of the information. Consent may be obtained
directly from you or from a third party that has obtained your consent to
disclose your Personal Information to Teamup Tournament Software Inc.™ Consent
may also be given by an authorized representative such as a legal guardian or
person with power of attorney.
Teamup Tournament Software Inc.™ will not use or disclose your Personal Information for purposes other than those for which it was collected except with your consent or as permitted or required by law or regulatory authorities.
Teamup Tournament Software Inc.™ will collect, use or disclose your Personal Information without your knowledge or consent only in limited circumstances as permitted or required by law or regulatory authorities. Subject to certain legal and contractual restrictions and reasonable notice, you can refuse or withdraw your consent to the collection, use or disclosure of your Personal Information at any time. However, refusal to provide such consent, or withdrawal of such consent, may prevent us from providing you with some services since we require a minimum amount of Personal Information about you to provide our services to you. Teamup Tournament Software Inc.™ will explain the implications of such withdrawal or refusal to provide such consent.
Teamup Tournament Software Inc.™ will not, as a condition of supplying you with a product or service, require you to consent to the collection, use or disclosure of information beyond that required to fulfill the specified, legitimate purpose.
Under certain exceptional circumstances, Teamup Tournament Software Inc.™ may have a legal duty or right to collect, use or disclose your Personal Information without your knowledge or consent.
Retention
Teamup Tournament Software Inc.™ will retain Personal Information only for so
long as is necessary to fulfill the purpose for which it was collected and to
meet our legal and contractual
obligations. We will establish retention periods for closed accounts, after
which the Personal Information in such accounts will be destroyed.
Teamup Tournament Software Inc.™ will not trade, rent or sell your Personal Information. However, in the course of a business transaction, such as a proposed sale of Teamup Tournament Software Inc.™'s business or assets (or a part thereof), or a merger or amalgamation of Teamup Tournament Software Inc.™ with another company, we may disclose your Personal Information to third parties such as prospective purchasers of Teamup Tournament Software Inc.™'s shares, business or assets, and to their lawyers, accountants, financial advisors, agents and other representatives as necessary for the purposes of such transaction.
Limiting Collection
Teamup Tournament Software Inc.™ shall limit the amount and type of Personal
Information it collects to that which is necessary for the purposes identified,
and shall collect such information by fair and lawful means.
The types of Personal Information that Teamup Tournament Software Inc.™ usually collects from individual customers include customer name and address (mailing and service address) and other contact information (i.e. home and work telephone numbers and e-mail addresses).
Accuracy
Teamup Tournament Software Inc.™ maintains procedures to ensure all Personal
Information we collect and use is kept as accurate, complete and up to date as
necessary for the purpose for which it is to be used. However, we rely on you
to disclose all material information to us and to inform us of any errors or
changes in such information.
Individuals may challenge the accuracy and completeness of Personal Information about them and have it amended, as appropriate.
Safeguards
In fulfilling its responsibilities with respect to the confidentiality of
Personal Information, Teamup Tournament Software Inc.™ will employ a number of
safeguards, appropriate to the sensitivity of the specific information, to
protect Personal Information against loss or theft, as well as unauthorized
access, disclosure, copying, use, or modification. Such safeguards will include
physical measures, organizational measures and technological measures, such as
locked filing cabinets, restricted access to offices, security clearances,
limiting access on a "need to know" basis, use of passwords and encryption.
Procedures for implementing these measures will be communicated to all
employees and relevant third parties to ensure compliance.
Openness
Teamup Tournament Software Inc.™ will from time to time review and revise its
Privacy Policy. Teamup Tournament Software Inc.™ will make changes to its
Privacy Policy available to its customers by such means as Teamup Tournament
Software Inc.™'s Website.
Individual Access
Upon request and with satisfactory proof of the customer's identity, any
customer of Teamup Tournament Software Inc.™ may obtain information regarding
the type, use and disclosure, of his, or her, Personal Information that Teamup
Tournament Software Inc.™ has in its possession or control. Any customer may
request that his, or her, Personal Information be amended for purposes of
accuracy and completeness. Teamup Tournament Software Inc.™ may require the
customer to provide such request in writing.
Customers can make their requests by contacting Gregg Perry, our Privacy Officer. He may be contacted at:
Suite 433
15 – 180 Central Road
Duncan, BC V9L 4X3
Response to a customer's request will be made within a reasonable time provided the request is made in writing and the customer provides satisfactory proof of the customer's identity.
If you are dissatisfied with our handling of your Personal Information, we invite you to contact our Privacy Officer in writing, setting out reasons for your concern. If after our Privacy Officer has reviewed and responded to your concern, you remain dissatisfied, your may wish to contact the Office of the Information and Privacy Commissioner at:
Mailing Address:
Office of the Information and Privacy
Commissioner for British Columbia
PO Box 9038, Stn. Prov. Govt.
Victoria, B.C. V8W 9A4
Location:
3rd Floor, 756 Fort Street
Victoria, BC V8W 1H2
Tel: 250.387.5629
Fax: 250.387.1696
For toll-free access call Enquiry BC at one of the numbers
listed below and request a transfer to 250.387.5629:
Vancouver: 604.660.2421
Elsewhere in BC: (800).663.7867
Visiting the Teamup Tournament Software Inc.™ Website
(a) Overview
Teamup Tournament Software Inc.™ may collect Personal Information that you
voluntarily provide to us when you visit our Website. Personal Information
provided by visitors to Teamup Tournament
Software Inc.'s Website will be collected, used and disclosed in the same
manner as information collected by other means, and in a manner consistent with
this Privacy Policy. Since this Privacy
Policy may be amended from time to time, we recommend that you check the latest
version of our Privacy Policy each time you visit our Website.
(b) Security
Personal Information submitted through Teamup Tournament Software Inc.™'s
Website will be encrypted using 128 bit technology to help protect it and
facilitate its arrival unread and unaltered at Teamup Tournament Software
Inc.™'s servers. However, users should be aware that Personal Information could
be intercepted over the Internet. Teamup Tournament Software Inc.™ is not
responsible for the interception, collection, use or alteration of information
transmitted over the Internet, such as by e-mail.
(c) Automatic Data Collection
As is the case with Websites generally, when visitors access the Teamup
Tournament Software Inc.™ Website, the site software automatically collects the
internet protocol (IP) address of the computer through which the user is
connected to the Internet. The Teamup Tournament Software Inc.™ Website also
automatically collects information about the user's Internet browser software,
operating system, the date and time of the user's visit, the URL of the last
page visited by the user before entering the Teamup Tournament Software Inc.™
Website and the pages accessed while on our site. This information is not used
to gain Personal Information on individual users but is aggregated with that of
other visitors to help us understand how the site is being used and how to make
it better.
(d) Cookies
When a visitor accesses the Teamup Tournament Software Inc.™ Website, a cookie
is automatically installed on the visitor's computer hard-drive. A cookie is a
small text file that contains a unique identification number, which can be used
to identify the user's browser, but not the user. Cookies form an essential
part of the Internet today by allowing servers to recognize users' browsers
when the users return to previously visited Websites. Since cookies are only
text files, they cannot "run" on your computer and have no ability to search
your computer for information or to transmit information to anyone. Teamup
Tournament Software Inc.™ uses cookies to provide certain features on its
Website. We do not use cookies to retain Personal Information. Users are free
to prevent the installation of cookies on their computer hard-drive, including
the Teamup Tournament Software Inc.™ cookie, by simply disabling the feature in
their browser's options. Some browsers allow users to accept or reject cookies
as they are presented to the user. Please note that users will not be able to
access some features and services of the Teamup Tournament Software Inc.™
Website if they disable cookies.
(e) E-Mail Communications
Teamup Tournament Software Inc.™ adheres to a no "spam" policy. Therefore, you
will not receive regular, unsolicited e-mail communications from Teamup
Tournament Software Inc.™ unless you have agreed otherwise or such
communications are required for the purposes identified in above or to
otherwise provide a product, service or information to you that you have
requested. Please note that Teamup Tournament Software Inc.™ reserves the right
to contact you, by e-mail or otherwise, if permitted or required by law or
regulatory authorities or if there has been a violation of Teamup Tournament
Software Inc.™'s Website Terms of Use.
(f) Response Tracking
Teamup Tournament Software Inc.™ uses Website usage information about visitors
to our Website who have responded to a promotional campaign about Teamup
Tournament Software Inc.™'s services for the
purpose of future promotional campaigns, and evaluating usage statistics. For
this purpose, we collect information about the campaigns and some of the pages
you visit on our Website through the use of tracking numbers passed through
URL's transferred to our servers as well as pixels tags. As well, Teamup
Tournament Software Inc.™ may use third-party companies to host and serve
online advertisements for Teamup Tournament Software Inc.™ promotional
campaigns. Personal information about you is not collected by any such
third-party companies, nor is any tracking information generated from the pixel
tag used by them for any other purpose than to report advertising response and
Website activity to us.
(g) Links to Third-Party Sites
Teamup Tournament Software Inc.™'s Website contains links to third-party
Websites. Teamup Tournament Software Inc.™ is not responsible for (a) any
information you provide to Websites that you access through a link on our
Website or (b) the privacy practices or the content of such Websites.
(h) Question about Teamup Tournament Software Inc.™'s Website
Questions about Personal Information collected through Teamup Tournament
Software Inc.™'s Website should be submitted to Gregg Perry, the Privacy
Officer for Teamup Tournament Software Inc.™ He
may be contacted at:
Suite 433
15 – 180 Central Road
Duncan, BC V9L 4X3
Because Debate Host™ is subscription service, TeamUp Tournament Software Inc.™ does not offer refunds, either in full or in part. When you renew your subscription, you can choose to downgrade from Hosting Membership to Participant Membership. If you downgrade your subscription before your Hosting Membership has expired, you can still host tournaments until the expiry date of the Hosting Membership, after which you will have Participant Member privileges only.










