Terms of Use

Last updated: March 31, 2023

Please read these terms and conditions carefully before using Our Service. You agree that by accessing the website (the “Site”), you have read, understood, and agree to be bound by all of these Terms and Conditions (“Legal Terms”).

By using the Vancouver Dodgeball League website or participating in any of our service offerings (including but not limited to tournaments, drop-ins, league play or social and community events), these terms will automatically apply to you – you should make sure therefore that you read them carefully. If you do not agree to these Terms & Conditions, you may not be granted access to our website or participate in our League.

By agreeing to the Terms & Conditions, you also agree to our Privacy Policy, which is expressly incorporated herein.

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

  1. All registration information you submit will be true, accurate, current, and complete;
  2. You will maintain the accuracy of such information and promptly update such registration information as necessary;
  3. You have the legal capacity and you agree to comply with these Terms of Use;
  4. You are not under the age of 19;
  5. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the site;
  6. You will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
  7. You will not use the Site for any illegal or unauthorized purpose;
  8. Your use of the Site will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete we have the right to suspend or terminate your account and refuse any current or future use of the Site.

Permission is hereby granted to the extent necessary to lawfully access and use the website and to download, display, or print portions of the Content on the website for your personal, educational, non-commercial use only, provided that you do not modify the Content, copy or post the Content on any network computer, or broadcast the Content in any media.

 

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights on our Site. The website, code, text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and all other materials available on the website (collectively the “Content”) are the property of Vancouver Dodgeball League. Except as otherwise provided herein, you may not use, copy, reproduce, distribute, republish, download, modify, display, post or transmit the Content in any form, or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission. 

Our Content are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Vancouver Dodgeball League name and logo are the exclusive property of Vancouver Dodgeball League.  You are not authorized to display the Vancouver Dodgeball League name or logo in any manner without our prior written permission.  The use or misuse of the Vancouver Dodgeball League name or logo, except as permitted herein, is expressly prohibited.

 

GENERAL CONDITIONS

  1. These Terms & Conditions shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
  2. You acknowledge and agree that Vancouver Dodgeball League may amend these Terms & Conditions at any time by posting the relevant amended and restated Terms & Conditions on this page.   Any such amendments to the Terms & Conditions are effective as of the date of posting. Your continued use of the Website after the amended Terms & Conditions are posted to Vancouver Dodgeball League’s website constitutes your agreement to, and acceptance of, the amended Terms & Conditions. If you do not agree to any changes to the Terms & Conditions, do not continue to use the Website.
  3. You may not use the Website for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws), or the laws of Canada and the Province of British Columbia. You will comply with all applicable laws, rules and regulations in your use of the Website and your performance of obligations under the Terms & Conditions.
  4. All the terms and provisions of the Terms & Conditions shall be binding upon and inure to the benefit of the parties to the Terms & Conditions and to their respective heirs, successors, permitted assigns and legal representatives. Vancouver Dodgeball League shall be permitted to assign these Terms & Conditions without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms & Conditions, or any of your rights or obligations hereunder, to any third party without Vancouver Dodgeball League’s prior written consent, to be given or withheld in Vancouver Dodgeball League’s sole discretion.
  5. If any provision, or portion of the provision, in these Terms & Conditions is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms & Conditions, and the Terms & Conditions will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms & Conditions.

YOUR OBLIGATIONS

In consideration of your use of the Website, you agree that to the extent you provide personal information to Vancouver Dodgeball League it will be true, accurate, current, and complete and that you will update all personal information as necessary.

To the extent you create an account through the Website, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account.

You agree to use the Website in a manner consistent with all applicable rules and regulations. You agree not to upload or transmit through the Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the Website is strictly prohibited. We reserve all rights and remedies available to us.

You should be aware that there are certain things that Vancouver Dodgeball League will not take responsibility for. Certain functions of the Website will require the Website to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Vancouver Dodgeball League cannot take responsibility for the Website not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

We assume no responsibility for any charges associated with your use of the Website.  If you’re using the Website outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the Website, or other third party charges. In using the Website, you’re accepting responsibility for any such charges, including roaming data charges if you use the Website outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the Website, please be aware that we assume that you have received permission from the bill payer for using the Website.

When you’re using the Website, it’s important to bear in mind that although we endeavour to ensure that it is always updated and correct, we may rely on third parties to provide information to us so that we can make it available to you. Vancouver Dodgeball League accepts no liability for any loss, direct or indirect, you experience because of relying wholly on this functionality of the Website.

 

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties.

Such Third-Party Websites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use of installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own rick, and you should be aware of these terms of Use no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party websites

 

SITE MANAGEMENT

We reserve the right, but not the obligation, to:

  1. Monitor the Site for violations of these Terms of Use;
  2. Take appropriate legal action against any who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
  3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contribution or any portion there;
  4. In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
  5. Otherwise manage the Site in a manner designed to protect our rights and property and facilitate the proper functioning of the Site.

 

COPYRIGHTS ACT NOTICE AND POLICY

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify your Designated Copyright Agent using the contact information provided below (a “Notification”).

A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

 

TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspect your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of Canada. Vancouver Dodgeball League and yourself irrevocably consent that the courts of the Province of British Columbia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

 

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to the Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the Courts of the Province of British Columbia, which shall have exclusive jurisdiction to resolve any Disputes arising from the execution, performance and/or termination of the Legal Terms of the Terms of Use. The number of arbitrators shall be one (1). The seat, legal place, or arbitration shall be Vancouver, BC, Canada. The language of the proceedings shall be English.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined by any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other person.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration; (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

DISCLAIMERS

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE WEBSITE. THE WEBSITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, VANCOUVER DODGEBALL LEAGUE, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VANCOUVER DODGEBALL LEAGUE, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THE WEBSITE; (C) THAT THE CONTENT OF THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THE WEBSITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THE WEBSITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

VANCOUVER DODGEBALL LEAGUE DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED VANCOUVER DODGEBALL LEAGUE REPRESENTATIVES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR OFFICERS, DIRECTORS, VOLUNTEERS AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY WEBSITELIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

INDEMNITY

You agree to indemnify and hold Vancouver Dodgeball League, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website in violation of these Terms & Conditions and/or arising from a breach of these Terms & Conditions and/or any breach of your representations and warranties set forth above.

 

WAIVER

Our failure at any time to require performance of any provision of these Terms & Conditions or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Vancouver Dodgeball League of any breach of any provision of these Terms & Conditions or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms & Conditions.

ENTIRE AGREEMENT

These Terms & Conditions (together with our Privacy Policy) contain the entire understanding and agreement between you and Vancouver Dodgeball League with respect to the Website and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Vancouver Dodgeball League with respect to the Website and your use of the Website.

Contact Us

Technical support in respect of the Website is only provided to Website users and is only available by email.

If you have any questions or suggestions about our Terms & Conditions, do not hesitate to contact us at info@vdldodgeball.ca