These terms contain legal obligations and form an agreement between you and NorthStar Gaming Inc. and its affiliated companies, as applicable (collectively, the “NorthStar Gaming Companies,” “us,” “we,” or “our”). Please read these terms carefully before using, accessing or browsing any of our Properties.
These terms were last updated on: November 5, 2021.
We reserve the right, in our sole discretion, to change these Terms, in whole or part, at any time. Except as otherwise provided in these Terms, any change will be effective when notice of the change is posted on a Property. Please check back regularly for updates by checking the date of the last update above. Your continued use of any Property or Service following the posting of amended Terms will mean you accept those changes. We reserve the right to modify, suspend, remove or discontinue any of the Properties, Services, or Content (as defined below) or any part of them from time to time without notice or liability for any reason whatsoever. We also reserve the right at any time to charge fees for access to, and to change any limits applicable to obtain free access to, all or any portion of the Properties, Services or Content. In such event, although your access to the applicable Property, Service or Content may be restricted or denied, you will not be charged for access unless we obtain your prior agreement to pay such charges.
You may not access or use, or attempt to access or use, the Properties or Services to take any action that could harm us or a third party. You may not access parts of the Properties or Services which you are not authorized to access. You may not attempt to circumvent any restriction or condition imposed on your use or access, or do anything that could disable or damage the functioning or appearance of the Properties, Services, or Content, including the presentation or display of advertising. Being exposed to advertising is a condition of your accessing the Properties, Services, and Content.
The Properties and Services and all content made available thereon, including games, events, articles, stories, text, photographs, images, illustrations, audio and video clips and other content (collectively, the “Content”) are the property of the applicable NorthStar Gaming Company or its licensors and are protected, without limitation, pursuant to Canadian and foreign copyright, trademark and other laws. Subject to your compliance with these Terms, the NorthStar Gaming Companies grant you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable license to download, display or use a single copy of the applicable Property, Service and Content on your computer or other personal electronic device. This license is for personal, non-commercial, and educational purposes only. You cannot use any Property, Service or Content in connection with any commercial purpose, unless you obtain our written consent in advance. You are not permitted to alter or modify, or remove any copyright notice from, any Property, Service or Content. No other use is permitted and all other rights not expressly granted in these Terms are reserved. Nothing contained herein shall grant any license or right to use any Content in any manner other than as explicitly set forth in these Terms without the prior written consent of the applicable NorthStar Gaming Company or such third party that may own the Content displayed on the Property or Service. Any unauthorized use of any of the Content is strictly prohibited. Except as provided herein, you agree not to reproduce, sell, republish, broadcast, distribute, make derivative works of or otherwise make available any Content, including by framing, caching or other similar means, without the prior written consent of the applicable NorthStar Gaming Company, and, if applicable, the copyright owner of such Content.
All trademarks and trade names used, mentioned or displayed on the Properties or in the Services are trademarks or registered trademarks of the applicable NorthStar Gaming Company or of their respective owners. The display of trademarks or trade names on each of the Properties does not convey or create any license or other rights in these marks or names. Any unauthorized use of these trademarks and trade names is strictly prohibited.
To play games, participate in events, post comments, make submissions or access Content on, or to use some of the Services and Properties, you may be required to register. Should you choose to register, you agree to provide accurate, complete and current information about yourself as required by the registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete.
You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration on the Properties, and (b) all activities, transactions, subscriptions and purchases that are effected, made or incurred through such password or account, including any applicable fees for Paid Services, together with applicable taxes. Further, you agree to immediately notify us of any unauthorized use of your password or account.
If you provide us with any information that is untrue or inaccurate or we have reasonable grounds to suspect that such information is untrue or inaccurate, we have the right to suspend or terminate your account and/or your access to any or all of the Properties or Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
Accounts are offered for individual use only. Registration is strictly restricted to one account per person. You may not pretend to be someone else or register on behalf of other people. You may not use registration credentials that we deem offensive or otherwise inappropriate, in our sole discretion. You may not share your registration information with or give your account login credentials to anyone else. Your account may be suspended or terminated and services, products or coupons you have requested or obtained may be withheld, deleted, withdrawn or invalidated without notice if there is any suspicion that you or anyone in your household has misused your account, registered for multiple or fraudulent accounts, shared login credentials or breached any other portion of these Terms.
You may terminate your account at any time by emailing us at email@example.com.
You agree that we, in our sole discretion, may temporarily suspend or permanently terminate your password, account, or use of any or all of the Properties or Services and remove and discard any User Postings (as defined below) at our convenience or for any reason, including if we believe you have violated or may violate these Terms. You agree that any suspension and/or termination of your access to or use of the Properties or the Services may be effected without prior notice and that we will not be liable to you or to any other person as a result of any such suspension or termination.
You can access and change certain user settings for the Properties and Services by following the instructions applicable to your device. Uninstallation methods will vary depending on your device. For further information on user settings or uninstallation or if you have other questions or concerns about the Properties or Services or these Terms, please consult your device manual/troubleshooting guide for reference or contact us at firstname.lastname@example.org
You represent and warrant that: (i) you are not a minor and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms ; (ii) all information you provide to us, directly or indirectly, is accurate and complete; (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms; (iv) you are not located in any country that is subject to a U.S. or Canadian Government embargo or that has been designated by the U.S. or Canadian government as a “terrorist supporting “ country, and are not listed on any U.S. or Canadian Government list of prohibited or restricted parties; and (v) you are complying and will continue to comply with any applicable third party terms of agreement when accessing or using any Property or Service (e.g., you have not and will not violate your wireless provider’s data service agreement when accessing or using the Services or Properties).
The Properties, Services and Content may contain links or references to other sites, services, offerings or applications that are not part of the Properties or Services and which are not controlled by the NorthStar Gaming Companies. The inclusion of a link does not imply endorsement by us. If you decide to visit any linked site, service, offering or application, you do so at your own risk, and it is your responsibility to take all protective measures and to guard against viruses and other destructive elements and any collection, use and disclosure of your personal information through such site, service, offering or application. WE WILL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR THE ACCURACY, RELEVANCY, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN OR ON ANY SITE, SERVICE, OFFERING OR APPLICATION LINKED FROM A PROPERTY OR FOR ANY INFORMATION OR MATERIAL YOU PROVIDE TO ANY THIRD PARTY.
Unless otherwise indicated on a Property, we are not sponsored by or affiliated with any linked sites, services, offerings or applications, and trademarks used in connection with linked sites, services, offerings or applications are not our trademarks.
Third party advertisers and other third party content providers, including merchants, vendors, sellers, service providers and third party providers of related information, content and videos (each, an “Advertiser” and collectively, “Advertisers”) may offer goods, services, content, information and other materials to you on the Properties. Your correspondence and business dealings with Advertisers including the payment for and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the Advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services, content, information or other materials on the Properties.
Descriptions of, or references to, products, services, information or publications within the Properties do not imply endorsement of that product, service, information or publication. Your dealings or communications through the Properties with any party other than a NorthStar Gaming Company are solely between you and that third party. If you choose to correspond or transact with Advertisers or other third parties through our Properties or Services, you do so at your own risk. You and the appropriate third party, not the NorthStar Gaming Companies, are responsible for compliance with all laws applicable in any such transaction. It is your responsibility to use caution and common sense, and to evaluate the accuracy, completeness, reliability or usefulness of any information, opinion, advice, claim, representation or other content made available by any Advertisers or other third parties through the Properties or Services. Under no circumstances will we be liable for any goods, services, resources, information or content made available by or to any third party or through such third party dealings or communications, or for any harm related thereto. Please review carefully any third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials, products, information, content or services provided by third parties should be forwarded directly to the third party.
In particular, exercise great care when revealing personal information and when purchasing items listed for sale on the Properties or through the Services. We cannot guarantee that these listings are accurate, or that the persons submitting or responding to these listings are not acting under false pretenses. The NorthStar Gaming Companies have no responsibility or liability for any damages, losses, costs, expenses or injuries that you may incur in connection with items or services listed for sale by Advertisers or other third parties on the Properties or Services.
We would be happy to hear any ideas or suggestions related to improvements or additions to the Properties, Services or Content. All such ideas, suggestions and any other ideas, suggestions, materials or content you submit or provide to use (collectively, “Suggestions”) will be subject to these terms, and any disclosure of such Suggestions will not under any circumstances be subject to any obligation of confidentiality or expectation of compensation. By providing us with a Suggestion, you are waiving any and all rights that you may have in the Suggestion, and you are representing that the Suggestion is wholly original to you, that no one else has any rights in the Suggestion, and that we are free to implement the Suggestion as provided, or as modified by us, without notice or compensation to you or any permission or license from a third party.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE PROVIDING THE PROPERTIES, SERVICES AND CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE PROPERTIES, SERVICES OR CONTENT, OR ANY WEB SITE, SERVICE, OFFERING, APPLICATION OR CONTENT WITH WHICH THEY ARE LINKED. WE DO NOT WARRANT THAT THE FUNCTION OF THE PROPERTIES, SERVICES OR THEIR CONTENTS WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES OR SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF MALFUNCTIONS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS OR WILL BE FREE FROM SECURITY BREACHES, TAMPERING, OR OTHER UNAUTHORIZED INTERVENTIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE), SHALL WE BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THE USE OF ANY OF THE PROPERTIES, SERVICES, OR CONTENT, OR ANY WEBSITE, SERVICE, OFFERING, APPLICATION OR CONTENT WITH WHICH THEY ARE LINKED. IN NO EVENT SHALL THE NORTHSTAR GAMING COMPANIES’ AGGREGATE TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, EXPENSES, COSTS, LIABILITIES AND CAUSES OF ACTION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH YOUR USE OF ANY OF THE PROPERTIES, SERVICES, OR CONTENT, OR ANY WEBSITE, SERVICE, OFFERING, APPLICATION OR CONTENT WITH WHICH THEY ARE LINKED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU FOR USING THE APPLICABLE PROPERTY, SERVICE, OR CONTENT; AND (II) 100 CANADIAN DOLLARS. YOU SHOULD ALSO BE AWARE THAT E-MAIL AND OTHER SUBMISSIONS OVER THE INTERNET MAY NOT BE SECURE, AND YOU SHOULD CONSIDER THIS BEFORE E-MAILING US OR MAKING ANY OTHER SUBMISSIONS OVER THE INTERNET.
You expressly acknowledge that we have relied on the disclaimers, limitations and exclusions of liability set out in these Terms in making the Properties, Services and Content available to you, and that these disclaimers, limitations and exclusions of liability are an essential part of this agreement between you and the NorthStar Gaming Companies.
The Properties and Services are provided by the NorthStar Gaming Companies. Our offices are located in Ontario, Canada. Those located outside the Province of Ontario are not permitted to subscribe to, access or use the Properties or Services or to create any online account. Without limiting the generality of the foregoing, if you are located in the European Union, you are not eligible to register for a Torstar account.
These Terms are governed by Ontario law, without giving effect to any principles of conflicts of law. To the extent permitted by applicable law, you agree that any formal legal dispute arising out of, relating to or in connection with these Terms or the Properties or Services shall be filed only in the provincial or federal courts located in Ontario, Canada and hereby submit to the nonexclusive jurisdiction of such courts. You also agree that, to the extent permitted by applicable law, regardless of any statute or law to the contrary, any claim or cause of action arising out of, relating to or in connection with use of the Properties or Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us.
If any provision of these Terms shall be deemed unlawful, invalid or unenforceable by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. No waiver of any of the terms of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of the applicable NorthStar Gaming Company. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect. Throughout these Terms, the words “including” and “includes” mean “including without limitation.”
Our failure to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond our reasonable control, shall not be a breach of these Terms.
These Terms, including all terms, policies, and guidelines referenced in these Terms, together with any agreement governing your use of Paid Services, where applicable, is the entire agreement between you and the NorthStar Gaming Companies concerning the Properties, Services and Content. These Terms supersede all prior agreements or communications between you and us regarding the subject matter of these Terms.
The parties have required that these Terms and all terms, policies and guidelines relating thereto be drawn up in English. Les parties aux présentes déclarent qu’elles ont exigé que cette entente et tous les documents y afférant soient redigés en langue anglaise.
In the event of any conflict, discrepancy or inconsistency between the English language version and the French language version of these Terms, the English version shall prevail, govern and control.
These additional terms are applicable to you only if you have downloaded the App from the Apple App Store. You and we acknowledge that these Terms are between you and us only, and not with Apple. We, not Apple, are solely responsible for the App and its contents, and only to the extent provided in these Terms. You are only licensed to use the App on Apple-branded devices running iOS that you own or control and as permitted by the usage rules set forth in the App Store Terms and Conditions. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any, to you. To the maximum extent of the law, Apple will have no other warranty obligation whatsoever with respect to the App. You acknowledge that Apple has no obligation whatsoever to furnish maintenance and support services with respect to the App. Apple is not responsible for addressing any claims of the end-user or any third party relating to the App or the end-user’s possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You and we agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as a third party beneficiary.