BonusRound.ca Terms of Use Agreement

Last Updated: May 1, 2021

Please read this Terms of Use Agreement (“Agreement”) carefully. This Agreement constitutes an agreement between Craig Gibson Productions, LLC (“CG Productions”) and you governing the visiting, accessing and using of all websites and services operated by CG Productions, as well as any others that link to this Agreement, (collectively, our "Services"), specifically including BonusRound.ca - a video subscription service for viewing Canadian game shows and other programming (www.bonusround.ca), which is operated by CG Productions.

By clicking the "I accept" button, completing the registration or sign-up process, making a purchase, and/or browsing any of our websites (any such date such action occurs, the “Effective Date”), you represent that: (1) you have read, understand, and agree to be bound by this Agreement, (2) you are of legal age to form a binding contract with CG Productions, and (3) you have the authority to enter into this Agreement. For clarity, the term "you" refers to the individual or legal entity, as applicable, identified as the user when you complete an account registration or make a purchase, and in the case of a legal entity, you represent that you are authorized to bind that entity to this Agreement.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE OUR SERVICES.

IF YOU SUBSCRIBE TO ANY SUBSCRIPTION SERVICE FOR A TERM (THE "INITIAL SUBSCRIPTION PERIOD"), THE INITIAL SUBSCRIPTION PERIOD WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL SUBSCRIPTION PERIOD (EACH, A "RENEWAL SUBSCRIPTION PERIOD") AT THE THEN-CURRENT FEE FOR SUCH SUBSCRIPTION SERVICES UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 14.2(b) BELOW.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF OUR SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

THIS AGREEMENT IS SUBJECT TO CHANGE BY CG PRODUCTIONS in its sole discretion at any time. PLEASE REGULARLY CHECK THE WEBSITES TO VIEW THE THEN-APPLICABLE AGREEMENT. When changes are made, we will make a new copy of this Agreement available on the websites and within the apps and update the 'Last Updated' date at the top of this Agreement. Any new supplemental terms will be made available from within, or through, the affected Services on the applicable websites or within the applicable apps.

Any changes to the Agreement will be effective immediately for new Users of our Services and will be effective thirty (30) days after posting notice of such changes as provided above. CG Productions may, but is not obligated, to require you to provide consent to the updated Agreement in a specified manner before further use of our Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using our Services. Otherwise, your continued use of any of our Services constitutes your acceptance of such change(s).

Your use of, and participation in, certain Services may be subject to additional supplemental terms and such supplemental terms will either be listed in this Agreement or will be presented to you for your acceptance when you sign up to purchase or use those Services. If this Agreement is inconsistent with the supplemental terms, the supplemental terms shall control with respect to such Service. Any supplemental terms will become part of this Agreement.

1. CG Productions Ownership. Except with respect to User Content (defined in Section 7.1), you agree that CG Productions and its affiliates, licensors and suppliers own all rights, title and interest in our Services (including, but not limited to, any titles, computer code, themes, objects, films, artwork, animations, musical compositions, audiovisual effects, moral rights, documentation, features and functionality of the websites and apps, and server software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any or all of our Services.

1.1 Copyright. The content, including text, images, audio-visual works, computer code, music compositions, and sound recordings, on our Services is protected by copyright and other intellectual property laws throughout the world. We use copyrighted materials from various individuals and entities.

1.2 Trademarks. The trademarks for BonusRound.ca and other related logos and trademarks are owned by CG Productions and used under license and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in our Services are the property of their respective owners.

2. Licenses to Websites. Subject to your compliance with this Agreement, we grant you a limited, revocable, non-exclusive, non-transferrable, non-commercial license:

2.1 To browse, access, and view any of our Services that are available to Visitors (defined in Section 5 (Registration)) of our websites and to purchase and participate in our Services; and

2.2 To reproduce portions of our Services for the sole purpose of using the Services for your personal or internal business purposes.

3. Updates. You understand that our Services are evolving. As a result, CG Productions may require you to accept updates to our Services that you have installed on your mobile device, tablet, computer or other device. You acknowledge and agree that we may update our Services with or without notifying you and that an update may be required by you to continue your use of the Services. You may need to update third-party software from time to time to use our Services. We may also remove or modify certain features, content and functionality at our sole discretion. Any future release, update or other addition to our Services shall be subject to this Agreement.

4. Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions:

You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit our Services or any portion of our Services;

You shall not frame or use framing techniques to enclose any of our Services, including any trademark or logo, (including images, text, page layout or form);

You shall not use any metatags or other "hidden text" using CG Productions or BonusRound.ca;

You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of our Services except to the extent the foregoing restrictions are expressly prohibited by applicable law;

You shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in our websites (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from our websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);

Except as expressly stated herein, you shall not copy, modify, reproduce, distribute, republish, download, display, post, repost, or transmit, in any forms or by any means, any part of our Services; and

You shall not remove or destroy any copyright notices or other proprietary markings contained on or in our Services.

CG Productions and its suppliers and service providers reserve all rights not granted in this Agreement. Any unauthorized use of our Services terminates the licenses granted by CG Productions pursuant to this Agreement.

5. Registration. To access certain features of our Services, you may be required to become a Registered User or a Subscriber. For purposes of this Agreement, a "Registered User" of one of our Services is a user who has a registered account for that Service, and a "Subscriber" is a Registered User who has purchased one of our Subscription Services. A "Visitor" is a user who visits one of our Services without creating an Account. "Users" include Registered Users (including Subscribers) and Visitors. Please visit the applicable website for more information regarding the type of access that is provided to Visitors, Registered Users, and/or Subscribers to that website.

5.1 How to Register. You may subscribe to any of the Subscription Services through the website.

5.2 Registration Data. In registering an Account on a Website:

You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form (the "Registration Data"); and maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using our Services under the laws of the United States, Canada, your place of residence or any other applicable jurisdiction.

You are responsible for all activities that occur under your Account(s).

You agree that you shall monitor your Account(s) to restrict use by minors, and you will accept full responsibility for any unauthorized use of our Services by minors.

You agree not to share your Account(s) or password with anyone, and you agree to (1) notify us immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session.

You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per Website at any given time.

You agree not to create any Accounts or use our Services if you have been previously removed by us, or if you have been previously banned from any of our Services.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account(s) and refuse any and all current or future use of our Services (or any portion thereof). CG Productions reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights.

Equipment Requirements & Limits.

6.1 Necessary Equipment and Software. You must provide all equipment and software necessary to connect to our Services, including a computer or any other equipment that meets the technical requirements for our delivery system (which may require the use of plug-ins). You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing our Services.

6.2 Viewing Limits. You may only view BonusRound.ca on a maximum of one (1) different device simultaneously.

6.3 Limited Rights in Services. You acknowledge and agree that the delivery of Services to you does not transfer commercial or promotional rights in those Services, in whole or in part, to you. You may not resell, rent, lease, or provide for payment the Services to any person and you shall not modify, publish, participate in the transfer or sale of, reproduction, or creation of derivative works from the Services.

7. Responsibility for Content.

7.1 Types of Content. You acknowledge that all messages, files, materials, data, text, audio, video, images, feedback or other content, including our Services (collectively, "Content"), is the sole responsibility of the party from whom such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email, message, transmit or otherwise make available ("Make Available") through our Services ("Your Content"), and that you and other Users of our Services, and not CG Productions, are similarly responsible for all Content you and they Make Available through our Services ("User Content").

7.2 No Obligation to Pre-Screen Content. You acknowledge that we have no obligation to pre-screen Content (including, User Content), although we reserve the right in our sole discretion to pre-screen, refuse or remove any Content. By entering into this Agreement, you hereby provide your irrevocable consent to such screening and/or monitoring by us. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including text or voice communications. In the event that we pre-screen, refuse or remove any Content, you acknowledge that we will do so for our own benefit, not yours. Without limiting the foregoing, we shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.

8. User Ownership.

8.1 Your Content. CG Productions does not claim ownership of Your Content. However, when you post or publish Your Content on or in our Services, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.

8.2 License to Your Content. Subject to any applicable Account settings that you select, you hereby grant CG Productions a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing our Services to you and to our other Users. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any "public" area of our Services. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, and not us, are responsible for all of Your Content that you Make Available on or in our Services.

8.3 Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in our Services.

8.4 Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any public areas on our Services (e.g. on a review), you hereby expressly permit CG Productions to identify you by your username as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content, or by identifying you as provided in our Privacy Policy.

8.5 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals, including a submission by voting on another submission or comment to another submission), to CG Productions through any of our customer feedback pages or similar pages ("Feedback") is at your own risk and that CG Productions has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to CG Productions a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of our Services. Your Feedback may be posted along with your username on our Services. CG Productions reserves the right to remove any Feedback at any time and for any reason.

9. User Conduct. As a condition of your use of our Services, you agree not to use our Services for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party to) take any action or Make Available any Content on or through our Services that:

Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity;

Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, profane, or vulgar;

Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;

Constitutes unauthorized or unsolicited advertising, junk or bulk email (e.g. spam messaging);

Involves commercial activities and/or sales;

Impersonates any person or entity, including any employee or representative of CG Productions;

Interferes with or attempts to interfere with the proper functioning of our Services or uses our Services in any way not expressly permitted by this Agreement;

Engages in or attempts to engage in, any potentially harmful acts that are directed against our Services, including, but not limited to, violating or attempting to violate any security features of our Services, using manual or automated software or other means to access, "scrape," "crawl" or "spider" any pages contained in our Services, introducing viruses, worms, or similar harmful code into our Services, or interfering or attempting to interfere with use of our Services by any other User, host or network, including by means of overloading, "flooding," "spamming," "mail bombing," or "crashing" our Services;

Uses our Services or any part thereof for any commercial purpose, including communicating or facilitating any commercial advertisement or solicitation;

Engages in any chain letters, junk email, spamming, surveys, or other duplicative, unsolicited messages (commercial or otherwise); or

Markets any goods or services for any business purposes.

You further agree that you shall not Make Available any Content that contains nudity, violence, sexually explicit or offensive subject matter.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Service for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

10. Investigations. We may, but are not obligated to, monitor or review our Services and the Content at any time. Without limiting the foregoing, we shall have the right, in our sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates this Agreement or any applicable law. Although we do not generally monitor user activity occurring in connection with our Services or Content, if we become aware of any possible violations by you of any provision of this Agreement, we reserve the right to investigate such violations, and we may, in our sole discretion, immediately terminate your license to use our Services, or change, alter or remove Your Content, in whole or in part, without prior notice to you.

11. Interactions with Other Users. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH ANY OTHER USERS AND THIRD PARTIES WITH WHOM YOU INTERACT; provided, however, that we reserve the right, but we have no obligation, to intercede in any disputes that arise out of those interactions. You agree that CG Productions is not and will not be responsible for any liability incurred as the result of such interactions. We do not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.

12. Third-Party Materials & Services. Our Services may contain links to third-party websites, third-party applications, advertisements for third parties, and materials hosted by a third party (collectively, "Third-Party Properties"). You acknowledge and agree that it is impossible for us to monitor Third-Party Properties, such Third-Party Properties are not under our control, and that you access them at your own risk and we are not responsible for any Third-Party Properties. When you click on a link to any Third-Party Properties, we will not warn you that you have left our Services and are subject to the terms and conditions (including privacy policies) of another website or destination. We provide those Third-Party Properties only as a convenience and we do not review, approve, monitor, endorse, warrant, or make any representations about Third-Party Properties, or their products or services. When you leave our Services, this Agreement no longer governs. You should review applicable terms, privacy policies, and other policies of Third-Party Properties you visit and/or with which you enter into any transaction.

[Reserved].

14. Fees and Payment Terms.

14.1 Payment Methods. If you are a Registered User, you agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You may be required to provide us with a valid credit card (e.g. Visa, MasterCard, Discover, American Express, and JBC) or, if accepted, PayPal account information ("Payment Provider" and "Payment Provider Account") as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated Payment Provider Account, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. By providing us with your Payment Provider Account, you agree that we are authorized to immediately charge your Payment Provider Account for all fees and charges due and payable to us in connection with your Account and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or Payment Provider Account used for payment hereunder. We reserve the right at any time to change our prices and billing methods, either immediately upon posting on our Services or by email delivery to you. Payment value will be in US dollars or Canadian dollars unless otherwise specified on the applicable Website.

14.2 Subscription Services.

(a) Fees. You are responsible for payment of the applicable fee for any Subscription Service that you purchase (each a "Service Subscription Fee") at the time you order the Subscription Services and select your Initial Subscription Period, and for any Renewal Subscription Period. Your subscription will begin as soon as your Payment Provider Account is received (the "Subscription Service Commencement Date"), unless we notify you otherwise.

(b) Automatic Renewal. When your Initial Subscription Period for a Subscription Service expires, and again after any subsequent Renewal Subscription Period, a new Renewal Subscription Period will automatically commence on the first day following the end of such period (each, a "Renewal Commencement Date") and continue for an additional equivalent period, at our then current price for such Subscription Service. You agree that your Subscription Service will be subject to this automatic renewal feature unless (i) you cancel your subscription at least one month prior to the Renewal Commencement Date and (ii) following the instructions set forth in the "Change/Cancel Subscription" page in your Account Settings for the Subscription Service. For example, a Subscriber to BonusRound.ca may cancel his or her subscription by contacting our customer service team. THE SERVICES WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN THIS SECTION 14.2.

(c) Payment Terms. Upon renewal of your subscription, if CG Productions does not receive payment from your Payment Provider Account, (i) you agree to pay all amounts due upon demand, and/or (ii) you agree that we may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider Account until payment is received (upon receipt of p