Terms & Conditions for Rogers Sports & Media Digital Services

These Terms and Conditions of Use apply to all digital properties of Rogers Media Inc., including internet sites, mobile-enabled sites, and downloadable software applications for viewing content (collectively referred to as “Rogers Media Sites” or individually as a “Rogers Media Site”). Unless specific products or services on a Rogers Media Site have their own distinct terms, your use of any Rogers Media Site or its services implies your agreement to these terms and conditions (“Terms”) and any other applicable policies or guidelines. If you do not agree, you must not use any Rogers Media Site.

In these Terms, “residents of Québec” refers to individuals in Québec to whom the Consumer Protection Act (Québec) applies concerning their use of a Rogers Media Site and its Services. Rogers Communications Inc. and its affiliates (“Rogers,” “us,” “we,” or “our”) reserve the right to modify these Terms at any time, at our sole discretion. Such modifications become effective immediately upon being posted. By continuing to use Rogers Media Sites, you agree to accept these modifications, and you are encouraged to review the Terms periodically.

1. Introduction

Welcome to the digital world of Rogers Media Inc. These Terms govern your access to and use of our internet sites, mobile applications, and software (“Software”). By using any Rogers Media Site or its associated services (“Services”), you agree to these Terms. If you do not agree, please do not use our sites. Rogers may update these Terms, and your continued use signifies your acceptance of any changes.

2. Registration, Accounts, Passwords

Some Services require registration. You agree to provide accurate and current information during registration and to update it as necessary. You must use your account personally and not under another person`s name. Rogers generally allows one account per person, and multiple accounts created by the same individual may lead to restrictions or deletion. You are responsible for maintaining the confidentiality of your password and must notify us immediately of any unauthorized use. You may be held liable for losses incurred by Rogers or others due to unauthorized account use. If you wish to delete your account, please contact Rogers as specified in Section 22.

3. Access

Access to some Rogers Media Sites or Services may depend on your digital device (computer, tablet, mobile, etc.) and internet connection meeting our technical requirements. We may change these requirements at any time. You are responsible for maintaining your equipment and internet connection to meet these standards and for any data or roaming charges incurred while accessing the Service.

4. Privacy

We respect user privacy. Our practices for collecting, using, and disclosing personal information are governed by the Rogers Media Privacy FAQ, available at http://www.rogersmedia.com/privacy. Personal information collected through a Rogers Media Site may be stored and processed in or outside Canada and may be subject to the laws of other jurisdictions.

5. Ownership and Copyright

The Rogers Media Sites and all their content, including text, information, images, audio, and video (“Content”), are protected by copyright, trademark, and other intellectual property laws. This Content is owned, controlled, or licensed by Rogers and/or its affiliates, licensors, and related companies. All Content remains the intellectual property of its owner(s), and you agree to respect all copyright notices and restrictions. Your access to Content does not grant you ownership rights. You may not use any trademarks or logos from Rogers Media Sites without prior written consent from the owner. Rogers will enforce its intellectual property rights vigorously.

6. Content Usage Restrictions

The Services and Content are for your personal, non-commercial use and enjoyment. You may not reproduce, duplicate, copy, translate, broadcast, display, sell, transmit, license, publish, or modify any Services or Content without prior written consent from the owner. Unless expressly permitted, you may not distribute copies of Content or materials from a Rogers Media Site (including via email). You may, however, encourage others to access the information directly on a Rogers Media Site.

7. Linking and Framing

You are welcome to link to the homepage of a Rogers Media Site, provided the link does not imply affiliation, sponsorship, or approval by Rogers, and does not harm our goodwill or trademarks. Rogers reserves the right to remove any hypertext link. Framing or inline linking to any part of a Rogers Media Site is not permitted.

8. Other Contents and Links

You acknowledge that third-party content on Rogers Media Sites may be inaccurate, inappropriate, offensive, or include links to other sites. We do not control or take responsibility for such third-party content. Accessing, transmitting, or downloading content via Rogers Media Sites is at your own risk. Rogers is not responsible for the performance of products or services offered by advertisers or external sites we link to. Links to other sites do not imply endorsement. Any dealings with advertisers are solely between you and the advertiser. Rogers is not liable for content hosted on sites other than Rogers Media Sites.

9. Submissions and Postings

For any content you upload, post, transmit, or otherwise make available on a site (“Contributions”), you must be the rightful owner or have obtained permission. You are solely responsible for your Contributions, which will be treated as non-confidential and non-proprietary. By submitting Contributions, you grant Rogers a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, fully sub-licensable, and transferable license to use, distribute, reproduce, modify, publish, translate, and display them in any format or medium, without further compensation. You waive all moral rights in your Contributions and warrant that they are free of claims, rights, and obligations, and that no third-party contract interferes with Rogers` rights. You confirm you are of legal age and that your Contribution contains no harmful computer routines. Rogers has the right, but not the obligation, to monitor or investigate Contributions and may access or preserve them for legal compliance or operational purposes. Rogers may, without notice, move, remove, edit, or refuse to post any Contributions deemed unacceptable or in violation of these Terms or our Acceptable Use Policy (available at www.rogers.com/terms).

For the full Rogers Sports & Media Content Submission Guidelines, please refer to the specific document (link removed as per instructions).

10. Subscription Content

Some Services require a paid subscription (“Subscription Content”). The following terms apply:

1. All prices are in Canadian dollars and are subject to change.
2. Agreement to Pay: You agree to pay for all Subscription Content through your account, using a valid credit card or by charging your Rogers bill. You authorize us to charge your credit card for the subscription price (plus applicable taxes), either as a single payment or monthly. If you have pre-authorized payments, you must keep your information updated. Free trials will authorize your credit card but not charge it until the trial ends. In case of a chargeback, access will be restricted until resolved, with no refunds for the inaccessible period. If charged to your Rogers bill, your purchase is governed by the Rogers Consumers Terms of Service at www.rogers.com/web/content/support-terms.
3. Additional Terms: Specific Subscription Terms (e.g., subscription length, automatic renewals) will be presented before you subscribe and will become part of your agreement.
4. Automatic Renewals: Unless otherwise stated in the Subscription Terms, subscriptions automatically renew. Before renewal, we will notify you of the amount and date, giving you an opportunity to cancel. If you do not cancel by the deadline, your subscription will automatically renew, and you authorize us to charge the renewal price (plus taxes) to your credit card or Rogers bill.
5. Refunds: All sales for Subscription Content are final; there are no refunds, exchanges, or credits.
6. Multiple Users: Access to Subscription Content may be limited to two or fewer distinct devices simultaneously. Rogers reserves the right to log off accounts exceeding this limit. You are solely responsible for any third-party fees (internet, cellular, etc.).

11. Software

1. Restrictions: You are granted a license to use the Software, not ownership. You may not rent, lease, sell, sublicense, distribute, reverse engineer, decompile, disassemble, copy, modify, alter, tamper with, or create derivative works of the Software, nor circumvent any protection mechanisms, except as expressly permitted by law.
2. Data Maintenance, Support, and Software Updates/Changes:
   1. Rogers may, at its discretion, provide customer support and/or Software upgrades (“Support”) and may terminate this Support without notice.
   2. Rogers may collect non-personal information about your digital device, hardware, and software during installation or use of the Software without notice or liability.
   3. Rogers may change, suspend, or discontinue any aspect of the Software or its features, databases, or content at any time.
   4. Rogers may impose limits on features and services or restrict access to parts of the Software or Services without notice or liability.
   5. Rogers, its licensors, and third-party suppliers reserve the right to delete data from their servers, prevent access, or change data categories for any reason, at any time, without notice.
   6. These Terms do not obligate Rogers or its licensors to provide new or enhanced Support.
   7. Rogers may connect remotely and run scripts on your digital device(s) as part of remote Support, gaining full access to your device(s).
3. Multiple Users: You agree to ensure that all persons using the Software through your digital device(s) comply with these Terms and are solely responsible for any breaches, whether by you or other users of your device(s).

12. Prohibited Activities

Your use of a Rogers Media Site, the Service, the Content, and any Contributions must comply with these Terms, all applicable laws, and our Acceptable Use Policy, which accompanies these Terms and is available at http://www.rogers.com/terms. The term “Services” in the Acceptable Use Policy includes those covered under these Terms.

13. Responsibility for Minors

If you authorize a minor to use a Rogers Media Site or Services, you are fully responsible for controlling their access and use, and for the consequences of any misuse. You acknowledge that some areas of a Rogers Media Site and some Content may be inappropriate for minors.

14. Suspension and Termination

1. By Rogers: Rogers may, at any time and without notice, restrict, block, suspend, or terminate your use of a Rogers Media Site (or any portion), Services, or your account if you fail to comply with these Terms or any other applicable agreements or policies (including our Acceptable Use Policy). Termination does not relieve you of outstanding payment obligations.
2. Of the Service: Subject to subsection 14(c), Rogers may, at any time and without notice or liability, refund, suspend, or discontinue some or all Services (or any portion). Your right to use Software automatically terminates if the associated Services are terminated or expire. Upon termination, you must delete the Software.
3. Subscription Content: Rogers may discontinue Subscription Content with at least 30 days` (60 days for Québec residents) advance written notice. Unless specified in Subscription Terms, you may terminate recurring subscriptions by contacting us at the email address in Section 22. Termination becomes effective on the date you contact us or a requested future date. (Not applicable to residents of Québec: You will not be refunded for any uncompleted portion of a subscription period.)

15. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless Rogers and its affiliates, licensors, suppliers, and agents (collectively, “Rogers Parties”) from any claims, liabilities, losses, damages, costs, and expenses (including legal fees) arising from: (i) your breach of these Terms, your warranties in Section 9, or any Subscription Terms or Acceptable Use Policy; (ii) your use or misuse of a Rogers Media Site or Content, or the placement of your Contributions; (iii) your use or inability to use any Software; (iv) any violation of intellectual property rights or other third-party rights. Rogers may, at its own expense, assume exclusive defense of any matter subject to indemnification. You agree to cooperate fully. Your indemnification obligations survive the termination of your right to use a Rogers Media Site and the Services.

16. No Warranties

All Rogers Media Sites, Services, and Content are provided “as is.” To the maximum extent permitted by law, the Rogers Parties expressly disclaim all representations, warranties, and conditions, express or implied, including title, non-infringement, merchantability, fitness for a particular purpose, and those arising from course of dealing or usage of trade. Rogers Parties make no warranties regarding the performance, availability, accuracy, reliability, security, or completeness of a Rogers Media Site, Services, or Content, including links to other sites. Rogers Parties do not warrant that sites or access will be continuous, error-free, or free from defects, viruses, or harmful components. For Software, all representations, warranties, and conditions, express or implied, are excluded. You expressly agree that use of a Rogers Media Site and Services is at your sole risk.

17. Professional Information Disclaimer

Rogers Media Sites may offer professional information (e.g., law, finance, medicine) (“Professional Information”). This information is for informational purposes only, not advice, and should not be construed as an offer, solicitation, endorsement, or recommendation by Rogers. It may not reflect Rogers` views and is not guaranteed for accuracy or completeness. We strive for current information but reserve the right to change it without warning. Professional Information should not replace qualified professional advice. You agree that reliance on Professional Information is at your sole risk, and Rogers and its affiliates are not liable for any loss or damage incurred as a result.

18. Third Party Merchandise and/or Products

1. We may receive commissions or fees on purchases made on, through, or linked from a Rogers Media Site or Service.
2. Images of third-party merchandise or products on Rogers Media Sites may not accurately represent their actual appearance, color, features, or functionality.
3. The Rogers Parties make no representations, warranties, or guarantees regarding third-party merchandise or products featured on or through a Rogers Media Site or Service. All transactions for such items are solely between the user and the third-party seller/manufacturer, without Rogers` involvement. These third parties may impose their own terms.
4. Nothing on Rogers Media Sites constitutes a binding offer to sell or distribute third-party merchandise. If you purchase such items, the Rogers Parties have no control over, or responsibility for, their quality, quantity, fitness, safety, legality, or the seller`s ability to provide them.
5. You agree that the Rogers Parties are not responsible or liable to you for any merchandise or products featured, described, distributed, or sold on or through a Rogers Media Site or Service.

19. Limitations of Liability

1. Not applicable to residents of Québec: To the maximum extent permitted by law, under no circumstances shall any of the Rogers Parties be liable to you or any third party for:
   1. Any direct, indirect, incidental, special, consequential, economic, or punitive damages (including loss of profit, revenue, business opportunities, data, privacy breaches, property damage, personal injury, death, or any other foreseeable or unforeseeable loss, however caused) or any loss resulting from Software Support, use or inability to use a Rogers Media Site, Services, or Content (including your Contributions), or transmission of sensitive information over the Internet. These limitations apply regardless of whether the liable party knew of the possibility of damages. You acknowledge that none of the Rogers Parties are liable for any defamatory, offensive, or illegal conduct of any user.
   2. Any losses, claims, damages, expenses, or costs (including legal fees) arising directly or indirectly from any claim that the use or intended use of the Software infringes third-party intellectual property or contractual rights. These limits apply to any act or omission of any Rogers Parties, regardless of the legal doctrine.
2. Applicable only to residents of Québec: Except for damages resulting from a Rogers Party’s own act, the Rogers Parties will not be liable to you or any third party for:
   1. Any damages (including loss of profit, revenue, business opportunities, data, privacy breaches, or property damage) or any loss resulting from Software Support, use or inability to use a Rogers Media Site, Services, or Content (including your Contributions), or transmission of sensitive information over the Internet. You acknowledge that none of the Rogers Parties are liable for any defamatory, offensive, or illegal conduct of any user.
   2. Any losses, claims, damages, expenses, or costs (including legal fees) arising directly or indirectly from any claim that the use or intended use of the Software infringes third-party intellectual property or contractual rights.

20. Arbitration

Not applicable to residents of Québec: To the extent permitted by applicable law, any claim, dispute, or controversy (contract, tort, statute, regulation, or otherwise) arising from or relating to these Terms, the Services, a Rogers Media Site, related statements or promotions, or the relationships resulting from these Terms, will be resolved by final and binding arbitration, excluding courts.

Not applicable to residents of Québec: Where applicable, arbitration will be conducted in your province of residence on a simplified and expedited basis by one arbitrator under current commercial arbitration laws and rules in your province/jurisdiction. Rogers will pay all reasonable arbitration costs. Arbitration will follow our Arbitration Protocol, available at http://www.rogers.com/terms.

21. Other Important Terms

These Terms are governed exclusively by the laws of your province of residence. If you reside outside Canada, they are governed by the laws of Ontario and Canada, without regard to conflict of laws principles; you submit to the jurisdiction of Ontario courts. Your rights and remedies may vary by province. These Terms, as amended, any Subscription Terms, and referenced documents, rules, policies, or guidelines posted by Rogers, constitute the entire agreement for your use of a Rogers Media Site and Services. Failure by either party to enforce any provision does not waive that provision or right. No waiver of any breach or default constitutes a waiver of any subsequent breach or default. If any provision is deemed void, invalid, or unenforceable by a court, it will not affect the remaining provisions. Unenforceable portions will be construed to reflect Rogers` original intentions as closely as possible. Neither course of conduct nor trade practice will modify these Terms. These Terms benefit and bind you, your heirs, and your legal representatives, and Rogers` and your respective successors and assigns. You may not assign or transfer these Terms without our prior consent; we may assign or transfer them or our rights/obligations without your consent. Sections 14-21 survive Service termination.

If you are dissatisfied with a Rogers Media Site or these Terms, your sole remedy is to stop using Rogers Media Sites.

These Terms were drafted in English at the express request of the parties. (Les présentes modalités ont été rédigées en anglais à la demande expresse des parties.)

22. Contact and Notices

To contact Rogers regarding these Terms or Rogers Media Sites, email [email protected] or write to Rogers Media Web Customer Care, One Mount Pleasant Road, 8th Floor, Toronto, ON M4Y 2Y5.

Acceptable Use Policy

Please direct questions, comments, and complaints regarding this Acceptable Use Policy (“AUP”) or its violations to [email protected]. Except where indicated, “you” and “your” refer to you and anyone using the Services through your account.

Introduction

When using our services, equipment, facilities, networks, or any associated products, content, applications, or services, you must comply with all applicable laws and our policies, rules, and limits, including this AUP. This AUP supplements and is incorporated into the Rogers Terms of Service (“Terms”), available at http://www.rogers.com/terms. Unless otherwise defined, terms in this AUP have the meanings given in the Terms.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND THIS AUP, AS AMENDED FROM TIME TO TIME, YOU SHOULD IMMEDIATELY STOP USING THE SERVICES AND NOTIFY ROGERS THAT YOU ARE TERMINATING THE SERVICES.

Prohibited Activities

Without limitation, you (or anyone you allow) may not use our Services to:

• Use, possess, post, upload, transmit, disseminate, or otherwise make available unlawful content or content that violates the copyright or intellectual property rights of others.
• Participate in illegal soliciting or gaming schemes.
• Attempt to use Services to avoid incurring charges.
• Engage in fraudulent activities, including impersonating any person or entity or forging signatures. You bear all risks regarding public domain material.
• Access the Internet via Services using IP addresses not assigned by us.
• Invade another person`s privacy, collect or store personal data, or stalk or harass others.
• Access any computer, software, data, or confidential/protected material without consent, or use tools like “packet sniffers” to facilitate unauthorized access.
• Upload, post, publish, deface, modify, transmit, reproduce, distribute, or make available information, software, or material protected by copyright or contractual rights (e.g., non-disclosure agreements) or related derivative works without obtaining permission from the owner.
• Use, reproduce, distribute, sell, resell, or exploit the Services or content (ours or yours obtained via Services) for commercial purposes.
• Copy, distribute, sublicense, or make available any software or content provided by us or obtained through Services, except as authorized.
• Alter, reproduce, or tamper with the Services or any function, component, or identifier of your equipment (e.g., ESN or IMEI) that is not meant to be altered.
• Restrict, inhibit, or interfere with others` ability to access or enjoy the Internet or Services, or create an unusually large burden on our networks. This includes posting viruses, worms, Trojan horses, or other harmful features; distributing mass unsolicited email (“spam”); or generating excessive traffic that impedes others, or using Services abusively with unlimited packages.
• Disrupt backbone network nodes or services, or otherwise restrict, inhibit, disrupt, or impede our ability to monitor or deliver Services, transmissions, or data.
• Interfere with computer networking or telecommunications services to any Internet user, host, provider, or network, including denial of service attacks, overloading services, “hacking,” or attempting to “crash” a host.
• Use the Services for anything other than personal purposes (e.g., reselling Services, providing Internet access to third parties) or share/transfer your Services without our express consent.
• Operate a server in connection with the Services, including mail, news, file, gopher, telnet, chat, Web, or host configuration servers, multimedia streamers, or multi-user interactive forums.
• Impersonate any person or entity, including a Rogers official, forum leader, guide, or host, or falsely misrepresent your affiliation.
• Forge headers or manipulate identifiers to disguise the origin of transmitted content.
• Port scan a person`s computer or wireless device without consent, or use tools designed to facilitate such scans.

Unlawful or Inappropriate Content

Any Rogers Party reserves the right to move, remove, or refuse to post any content, in whole or in part, that it deems unacceptable, undesirable, or in violation of the Terms or this AUP. This includes, without limitation:

• Obscene, profane, pornographic content.
• Defamatory, fraudulent, or deceptive statements.
• Threatening, intimidating, abusive, or harassing statements.
• Content that violates privacy rights or intellectual property rights of others.
• Content that unlawfully promotes or incites hatred.
• Content that is otherwise offensive or objectionable.
• Any transmissions constituting or encouraging criminal offenses, civil liability, or violations of municipal, provincial, federal, or international law, order, or regulation.

For this AUP, “content” includes all forms of communications, such as text, graphics (photos, illustrations, images, drawings, logos), executable programs, audiovisual recordings, and audio recordings.

Security

You are responsible for any misuse of the Services by you or by anyone accessing Services through your equipment or account. You must take steps to prevent unauthorized access to Services, including via wireless and wired networking. Services may not be used to breach another user`s security or gain unauthorized access to their equipment, software, or data. You may not circumvent user authentication or security of any host, network, or account, including accessing unintended data, logging into unauthorized servers/accounts, or probing network security. Use or distribution of security-compromising tools (e.g., password guessers, cracking tools, packet sniffers) is prohibited. You may not disrupt Services or interfere with computer networking or telecommunications services (e.g., denial of service attacks, network flooding, “hacking,” “crashing” a host). Transmitting or disseminating information or software containing viruses or harmful features is also prohibited. You are solely responsible for the security of any device connected to Services, including data stored on it. Rogers recommends against enabling file or printer sharing and suggests protecting remote access files/services with strong passwords. You agree to keep all access codes, PINs, and passwords confidential.

Unsolicited Communications

Services may not be used to send unsolicited, bulk, or commercial messages, or for any other unsolicited communications. This includes using automatic dialing/announcing devices for unsolicited voice/facsimile calls and bulk mailing of commercial advertising, informational announcements, charity requests, petitions, or political/religious messages. Such communications may only be sent to those who explicitly requested them. Services may not be used to send messages to individuals who have indicated they do not wish to receive messages from you. Services may not be used to collect responses from unsolicited emails sent from other Internet hosts or email services that violate this AUP or other ISPs` acceptable use policies. Unsolicited email messages may not direct recipients to any website or resource using the Services. Forging, altering, or removing email headers is prohibited. You may not reference any Rogers network in unsolicited emails, even if not sent through a Rogers network. “Mail bombing” (sending numerous copies of similar messages, or very large messages/files to disrupt a server or account) is prohibited. Propagating chain letters is also prohibited. Rogers is not responsible for forwarding email sent to suspended or terminated accounts; such email may be returned, ignored, deleted, or temporarily stored at Rogers` sole discretion.

User-Generated Content Services

“User-Generated Content Services” or “UGC Services” refers to any services allowing an end-user to post, upload, or generate online content for sharing with a limited or unlimited number of recipients. This may include newsgroups, online forums, message boards, chat programs, wikis, photo-sharing services, customer review sites, video-sharing services, blogs, and web hosting.

Any User-Generated Content Services accessed through the Services must be used in accordance with the (Acceptable Use Policy).