Waterloo v Carleton
2019 Regular Season
Terms & Conditions
The OUA tv Streaming Service (the "Service") offered through the Site, is made available by Yare Media Group Inc. ("Yare") in cooperation with Ontario University Athletics (OUA). Yare provides streaming platform services that enables 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 and on-demand streaming of select OUA events on the website http://www.oua.yaretv.com (the "Site"). The Service includes access to games schedules, live Premium events, and highlights. To access Premium events offered within the Service, the user must complete an order form (the "Order".)
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 sport events 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 OUA.
You agree that your access to the Premium Content is restricted to simultaneous access on two or fewer distinct devices at one time and we reserve the right to force a log off for your account or restrict login access in the event we determine at any time, in our sole discretion, that your account has been simultaneously logged into on more distinct devices than permitted.
Yare reserves the right to terminate your Account and your access to the Site and Premium Service at any time and for any reason, including without limitation, if the Account, if a password is shared, or 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.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EACH OF YARE, ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE "YARE GROUP") DOES 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 YARE GROUP 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 (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 YARE GROUP 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'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT PAID TO YARE 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. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL YARE GROUP 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, 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 makes every reasonable effort to minimize such downtime, Yare 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 has set the Charges for the Services, entered into this Agreement, and has 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. 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.
You acknowledge and agree that the Services may be temporarily unavailable as a result of disruptions as described above. While Yare makes every reasonable effort to minimize such downtime, Yare cannot guarantee the 100% availability of the Services. We rely on certain third-party technologies and providers for web hosting, video streaming, transaction processing and related platform functions. Any failures within third-party softwares and infrastructures used in the delivery of the Services are outside of our control. Therefore, we do not warrant that all games scheduled will be successfully streamed. 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 has set the Charges for the Services, entered into this Agreement, and has 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. 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.
You are responsible to test your system to ensure that you have adequate bandwidth and processing power on your device to view the content. We will use our reasonable endeavours to ensure that the Service is always available to you. However, the Service is provided on an "as is" basis. We will not have any liability to you for the cancellation or abandonment of any event or the failure to show any event as scheduled, nor where you are unable to watch an event on any specific platform device not officially supported by the Service. Refunds are not granted as a result of end user connectivity and computer issues or for poor production feeds delivered by the school to Yare including, but not limited to: low or no audio, poor quality video, bad camera work, poor commentating, video pixelization or temporary stream drops.
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.
You agree to defend, indemnify and hold harmless each of Yare, its 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.
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.
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 supercede 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.
You can contact us by emailing [email protected].
What information do we collect?
We collect information from you when you register on our site, place a subscription order, subscribe to a newsletter or fill out a form.
When subscribing or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
- To personalize your experience (your information helps us to better respond to your individual needs)
- To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
- To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
- To process transactions - Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased service requested.
- To send periodic emails - The email address you provide for subscription order processing, will only be used to send you information and updates pertaining to your subscription order.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place a subscription order or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway provider's database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit card information) will not be stored on our servers.
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your web browser (if you allow) that enables the sites or service providers to recognize your browser and capture and remember certain information).
If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place subscription orders over the telephone or by contacting customer service.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have a separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at
This policy was last modified on August 20th, 2016