Terms of Use

BY VIEWING THE LIVEBARN SUBSCRIPTION WEBCASTS, OR BY CHECKING THE "I ACCEPT THE TERMS OF SERVICE" BOX LOCATED ON THE ONLINE SUBSCRIPTION 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 LiveBarn webcasts (the "Sportcast") access offered through http://livebarn.com (the "Site") is produced and made available by LiveBarn, Inc. ("LiveBarn").

DESCRIPTION OF SERVICE: Site provides a service that enables website visitors to view a Sportcast. To access such Service, the user must complete an online subscription form (the "Subscription").

PAYMENT TERMS: The current Subscription fees (the "Fees") applicable to the LiveBarn Sportcasts can be viewed at http://LiveBarn.com. The Fees applicable to the Sportcasts, together with all applicable taxes, including GST and PST (depending on provincial residency but which are not applied to non-Canadian residents as per Canada Revenue Agency (CRA) legislation) will be billed automatically to the credit card (the "Account Credit Card") you designated during the Subscription. Subscriptions will be processed in Canadian dollars where the billing address is in Canada. All Subscriptions where the billing address is outside of Canada will be processed in USD. You warrant that you are the cardholder of the Account Credit Card and the relevant information required for processing Fees is valid at all times. You must notify us of any change of address or other relevant information in a timely fashion. If the Account Credit Card expires, you must notify us of the new expiration date before the previous expiration date has passed. LiveBarn reserves the right to levy an administration fee for any credit card transaction that fails. If you want to designate a different credit card or if there is a change to the existing Account Credit Card, you should update the relevant information online at http://livebarn.com in your profile setting page. Except as provided below, the Subscription will be processed and the Account Credit Card will be charged no later than five (5) days subsequent to delivery of the Service. You agree to pay all Fees incurred in connection with your use of the Service through your Subscription, including any applicable taxes, at the rates in effect when the said Fees were incurred. Except as provided herein, all Fees are non-refundable. I understand that LiveBarn, Inc. will process my payment and that "LiveBarn Subscription" is the name that will appear on my transaction record. Please note that Fees do not include any applicable charges incurred to access any of the Sportcasts, through an Internet, wireless or other third party service provider.

Your subscription to the Sportcast includes enrollment into an ongoing/recurring payment plan. Your subscription will automatically renew at the end of the disclosed billing period, unless cancelled. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled.

You can cancel at any time by accessing your profile and selecting CANCEL prior to your next billing cycle which is listed as "next billing date".

We reserve the right to change our pricing. In the event of a price change we will attempt to notify you thirty (30) days in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions above. If you do not cancel your subscription after the price change takes effect and prior to the start of your new subscription period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment for these amounts. However, where required by law, you may refuse the price change and cancel the Sporstcast without cost, penalty, cancellation fee or cancellation indemnity, by providing us with notice to that effect no later than thirty (30) days after we implement the price change. We will not be able to notify you of any changes in applicable taxes.

LIVEBARN TERMINATION: LiveBarn reserves the right to terminate your Subscription and your access to the Site and Sportcasts at any time and for any reason, including without limitation, if the Account Credit Card is invalid for any reason, if LiveBarn does not receive payment, or where LiveBarn has determined, in its sole discretion, that use of the Sportcasts by you is, or was, in breach of the Terms of Service. Any such termination by LiveBarn shall be in addition to and without prejudice to such rights and remedies as may be available to LiveBarn, including injunction and other equitable remedies. The disclaimer, limitations on liability, and indemnity provisions shall survive termination or expiry of your Subscription and this Agreement.

DISCLAIMERS: YOU EXPRESSLY UNDERSTAND AND AGREE THAT EACH OF LIVEBARN, ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE "LIVEBARN 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 LIVEBARN GROUP DOES NOT WARRANT THAT THE SITE, THE SPORTCASTS 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 THE LIVEBARN GROUP (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 SPORTCASTS OR ANY OF THE CONTENT (INCLUDING THE PERFORMANCE OF, USE OF, OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, SAME), REGARDLESS OF WHETHER THE LIVEBARN GROUP HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH CLAIM, LOSS OR DAMAGES. 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 LIVEBARN'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT PAID TO LIVEBARN BY YOU FOR THE SPORTCASTS. CERTAIN SPORTCASTS ARE PROVIDED THROUGH NETWORKS AND FACILITIES, INCLUDING THE PUBLIC TELEPHONE NETWORK, THAT ARE NOT UNDER THE CONTROL OF LIVEBARN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL LIVEBARN GROUP BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF THE SITE, SPORTCASTS 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 SUBSCRIPTIONS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS.

You acknowledge and agree that the Sportcasts may be temporarily unavailable as a result of disruptions as described above. While LiveBarn makes every reasonable effort to minimize such downtime, LiveBarn cannot guarantee the 100% availability of the Sportcasts. Accordingly, if you are dissatisfied with the Sportcasts for any reason, your sole and exclusive remedy is to discontinue use of the Sportcasts in accordance with this Agreement. You expressly acknowledge that LiveBarn has set the Fees for the Sportcasts, entered into this Agreement, and has and will make the Sportcasts 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 LiveBarn. 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 breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this Agreement.

COMPUTER VIRUSES: While LiveBarn makes every reasonable effort to ensure that the Sportcasts 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 Sportcasts, 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 Sportcasts.

INDEMNITY: You agree to defend, indemnify and hold harmless each of LiveBarn, 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, arising or resulting from: (a) your breach of this Agreement; (b) your access to or use of the Site or Sportcasts; (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.

USE OF CONTENT: You acknowledge and agree that any LiveBarn services and/or content accessed through such services shall be used solely for non-commercial use and that such content shall not be transferred without the written approval of LiveBarn.

PROHIBITED USES: You agree to comply with all applicable laws with respect to your use of the Sportcasts. LiveBarn may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. The Sportcasts are provided for your personal, non-commercial use. You may not distribute, reproduce, republish, display, transmit or use any material for public or commercial purposes without the written permission of LiveBarn.

LAW AND JURISDICTION: The Site and Sportcasts are controlled, operated and administered by LiveBarn from its offices within Canada. This Agreement shall be interpreted, construed and governed by the laws in force in the Province of Quebec, Canada.

COMMUNICATION: As part of the Web Site and/or Service(s) you agree to receive a series of ongoing communications regarding the Web Site and/or Service(s). Upon receipt of this communication you will have the option to opt-out or unsubscribe.

GENERAL: This Agreement is personal to you, and you may not assign your rights or obligations to anyone. This Agreement constitutes the entire agreement between LiveBarn and you pertaining to your use of the Sportcasts and supersedes any prior agreements between you and LiveBarn. The parties have required that this Agreement and all documents relating thereto be drawn up in English.