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Below we have listed important legal terms that apply to anyone who visits our websites or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone.
The following terms and conditions govern all use of the DigitalShift Interactive Inc. services and all content and products available at or through the website, including, but not limited to, BaseballShift, (taken together, the Services). The Services are owned and operated by DigitalShift Interactive Inc. (“DigitalShift”). The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this website by DigitalShift (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the Services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access this website or use the Services. If these terms and conditions are considered an offer by DigitalShift, acceptance is expressly limited to these terms. The Services are available only to individuals who are at least 13 years old.
Use of any automated system or software to extract data from the Services for commercial purposes (“screen scraping”) is prohibited. DigitalShift reserves its right to take such action as it considers necessary, including issuing legal proceedings without further notice, in relation to any unauthorised use of the Services.
If you create Services, you are responsible for maintaining the security of your account and website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You must not describe or assign keywords to your website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and DigitalShift may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause DigitalShift liability. You must immediately notify DigitalShift of any unauthorized uses of your website, your account or any other breaches of security. DigitalShift will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
If you post material, post links, or otherwise make (or allow any third party to make) material available by means of the Services (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your web site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other web sites, and similar unsolicited promotional methods;
- your web site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your web site’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by DigitalShift or otherwise.
By submitting Content to DigitalShift for inclusion on your Services, you grant DigitalShift a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your web site. If you delete Content, DigitalShift will use reasonable efforts to remove it from the Services, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, DigitalShift has the right (though not the obligation) to, in DigitalShift’s sole discretion (i) refuse or remove any content that, in DigitalShift’s reasonable opinion, violates any DigitalShift policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason, in DigitalShift’s sole discretion. DigitalShift will have no obligation to provide a refund of any amounts previously paid.
By creating Services you agree to pay DigitalShift the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for the Services and will cover the use of that service for a monthly or annual subscription period as indicated. Some services such as player stats will be charged on the 1st of each month as the billing amount is based on the number of active teams each month. All fees are not refundable.
Unless you notify DigitalShift before the end of the applicable subscription period that you want to cancel your Services, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Services (as well as any taxes) using any credit card or other payment mechanism we have on record for you. The Services can be canceled at any time by notifying DigitalShift on the contact page.
Some of the features of the Services require payment of fees. If you elect to sign up for these features, you shall pay all applicable fees, as described on the Service in connection with such features selected by you. We reserve the right to change our prices and at any time.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment thereof. You agree to pay for any taxes that might be applicable to your use of the Services and payments you make to us.
DigitalShift has not reviewed, and cannot review, all of the material, including computer software, posted to the Services, and cannot therefore be responsible for that material’s content, use or effects. By operating the Services, DigitalShift does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. DigitalShift disclaims any responsibility for any harm resulting from the use by visitors of the Services, or from any downloading by those visitors of content there posted.
As DigitalShift asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by DigitalShift violates your copyright, you are encouraged to notify DigitalShift. DigitalShift will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. DigitalShift will terminate a visitor’s access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of DigitalShift or others. In the case of such termination, DigitalShift will have no obligation to provide a refund of any amounts previously paid to DigitalShift.
This Agreement does not transfer from DigitalShift to you any DigitalShift or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with DigitalShift. DigitalShift, the DigitalShift logo, and all other trademarks, service marks, graphics and logos used in connection with DigitalShift, or the Services are trademarks or registered trademarks of DigitalShift or DigitalShift’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any DigitalShift or third-party trademarks.
DigitalShift reserves the right to display advertisements on your web site.
The minimum acceptable level of uptime for any of the Services shall be 99% as determined by the following formula:
Uptime = (Total Time – Lost Time) / Total Time x 100%
If the Services have an uptime that falls short of the 99% guarantee within a 30 day period, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of DigitalShift and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the Services are defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. It is your responsibility to notify DigitalShift of the commencement of Lost Time by sending a notice to us indicating that the Services are not responding. Once DigitalShift has verified the Services are not responding, this notice shall deem the commencement of Lost Time. DigitalShift will notify Reseller once the Services are responding to requests which shall deem the end of Lost Time. To request a credit, please contact us to create a ticket to our Billing department with justification.
DigitalShift reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. DigitalShift may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
DigitalShift may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your DigitalShift account (if you have one), you must notify DigitalShift by contacting us. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If you cancel your Services, your subscription will be active until the end of your billing period. After the billing period is over, you will no longer have access to your DigitalShift Services and we may delete all information on your web site or stats. We accept no liability for such deleted information or content.
Downgrading your account may cause the loss of content, features, or capacity of your account. We do not accept any liability for such loss.
The Services are provided “as is”. DigitalShift and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither DigitalShift nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.
In no event will DigitalShift, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to DigitalShift under this agreement during the twelve (12) month period prior to the cause of action. DigitalShift shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that (i) your use of the Services will be in strict accordance with the DigitalShift Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, province, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the Canada or the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless DigitalShift, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.
DigitalShift is not liable for any default or delay in the performance of any of its obligations under this Agreement if such default or delay is caused, directly or indirectly, by forces beyond DigitalShift’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for DigitalShift to perform its obligations hereunder.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services without our express written permission.
This Agreement constitutes the entire agreement between DigitalShift and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of DigitalShift, or by the posting by DigitalShift of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Services will be governed by the laws of the province of British Columbia, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Vancouver, British Columbia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in Vancouver, British Columbia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorney's’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; DigitalShift may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Effective date: July 1st 2016
