Terms of Use
- Who we are; what these Terms cover
- How you agree to these Terms
- Definitions
- Ownership of the Site and CurlingZone Data
- Your licence to use the Site
- Prohibited conduct
- Automated access and the robots exclusion standard
- Technical protection measures and content fingerprinting
- Commercial and data licensing
- Fees and damages for unauthorized use
- Notice; continued access after notice
- Accounts and user content
- Third-party services and advertising
- Disclaimers
- Limitation of liability
- Indemnity
- Enforcement, suspension and termination
- Governing law and disputes
- Changes to these Terms
- General
- Contact
1. Who we are; what these Terms cover
The websites at curlingzone.com and home.curlingzone.com, their subdomains, embedded widgets, feeds and related services (together, the “Site”) are operated by CurlingZone Inc., 91 Beechbank Crescent, London, Ontario, Canada N6E 2P1 (“CurlingZone”, “we”, “us”). These Terms of Use (“Terms”) are a binding agreement between CurlingZone and every person, organization or automated system that accesses or uses the Site (“you”). The Privacy Policy forms part of these Terms.
2. How you agree to these Terms
You agree to these Terms, and they become a contract between you and CurlingZone, in any of the following ways:
- By accessing the Site. These Terms are linked conspicuously from every page of the Site. Accessing, browsing, requesting or retrieving any page, file, feed or data from the Site — whether with a browser or by any automated means — constitutes acceptance of these Terms as they stand at the time of each access.
- By creating an account. Registration requires you to affirmatively confirm that you have read and agree to these Terms and the Privacy Policy. We record the date, time, version, IP address and browser of that acceptance.
- By continuing after notice. If CurlingZone notifies you (by email, by a message on the Site, by a response returned to your requests, or through your hosting or service provider) that your use is subject to or in breach of these Terms, every subsequent access you make is an express acceptance of these Terms, including sections 9 and 10.
If you are accessing the Site on behalf of a company or other organization, you represent that you have authority to bind it, and “you” includes that organization. If you do not agree to these Terms, you must not access the Site.
3. Definitions
“Content” means everything on or delivered through the Site, including CurlingZone Data, text, editorial and news articles, notes, photographs, images, logos, graphics, video and audio, the look and feel and page layouts, software, HTML, JSON, XML and other code, and the selection, coordination and arrangement of all of it.
“CurlingZone Data” means the sports data published on the Site, including but not limited to live and historical scores, end-by-end linescores, game and draw schedules, sheet assignments, event listings, team and player lineups, results, standings, brackets, playoff and qualification status, prize-money and points allocations, the World Team Rankings, World Mixed Doubles Rankings, Order of Merit and Canadian Team Ranking standings and points, Strength of Field Multipliers, statistics, streaming and broadcast schedules, and every derived, aggregated, ranked, formatted or arranged version of any of these.
“Compilation” means CurlingZone Data as selected, verified, structured, arranged, ranked, formatted and presented by CurlingZone, and any database, file, feed or page containing it.
“Automated Means” means any robot, spider, crawler, scraper, bot, script, headless browser, agent, plug-in, extension, API client or other program or device, or any manual process performed at a rate or scale that a person would not achieve using a standard web browser for personal reading.
“Technical Protection Measures” means the measures described in section 8.
4. Ownership of the Site and CurlingZone Data
4.1 The Site and all Content are owned by or licensed to CurlingZone and are protected by the copyright, trademark and other laws of Canada and other countries. All rights not expressly granted in these Terms are reserved.
4.2 The Compilation is an original work. You acknowledge that the Compilation is the product of substantial skill, judgment, labour and investment by CurlingZone: in deciding which events, games, teams and players to cover; in gathering, verifying, correcting and reconciling results from many sources; in designing and applying the ranking, points, Order of Merit and Strength of Field methodologies; in structuring, arranging, formatting and presenting the data; and in maintaining it as a live, continuously updated whole. CurlingZone owns the copyright in the Compilation (including under the Copyright Act (Canada) as a compilation and, where applicable, as a literary work), in each page, file and feed in which it is expressed, and in the ranking and statistical works derived from it, independent of whether any individual score, fact or figure is itself protected.
4.3 CurlingZone owns or is licensed to use the editorial content, photographs, video, graphics and broadcast productions on the Site, and the CurlingZone name, logos and marks. Team, event, sponsor and player marks belong to their owners.
4.4 Nothing in these Terms transfers any ownership interest in any Content to you.
5. Your licence to use the Site
5.1 Subject to these Terms, CurlingZone grants you a limited, personal, non-exclusive, non-transferable, revocable licence to access and view the Site and Content, using a standard web browser, for your own personal, non-commercial information and enjoyment.
5.2 You may also, without a further licence: (a) share links to Site pages; (b) embed the widgets that CurlingZone expressly provides for embedding, unmodified, in the manner and with the attribution CurlingZone specifies; and (c) quote short excerpts of editorial content, with attribution and a link to the source page, in a manner consistent with fair dealing.
5.3 The licence in 5.1 does not include, and you may not use the Site for: any commercial purpose; building, training, populating or updating any product, service, website, application, dataset, database, model or feed; or any use described in section 6. Event organizers, teams, clubs, media and other commercial users require a licence under section 9.
6. Prohibited conduct
Except as expressly permitted by section 5 or a written licence from CurlingZone, you must not, and must not enable or assist anyone else to:
- access, crawl, index, scrape, harvest, mine, copy, download, monitor, poll or otherwise collect any Content or CurlingZone Data by Automated Means;
- copy, reproduce, republish, display, transmit, syndicate, sell, licence, rent, distribute or otherwise make available any CurlingZone Data or other Content, in whole or in substantial part, on or through any other website, application, service, broadcast, publication or feed;
- create or contribute to any database, product or service that contains, is derived from, or competes with the Compilation or any part of it, including any “live scores”, results, schedule, standings, rankings or statistics service;
- frame, mirror, proxy, cache for redistribution, or deep-link to Content in a way that presents it as your own or strips it of CurlingZone’s branding, attribution, advertising or context;
- remove, alter or obscure any copyright, trademark or attribution notice, or any visible or invisible identifier, watermark or fingerprint contained in Content (see section 8);
- circumvent, disable, evade, defeat, probe or interfere with any Technical Protection Measure, rate limit, access control, authentication, human-verification step, block or other security feature of the Site, including by rotating IP addresses, proxies or user-agent strings, spoofing headers, solving or bypassing challenges automatically, or using multiple accounts;
- access any URL, path or resource that the Site’s robots.txt file, a meta tag, an HTTP header or these Terms identify as disallowed;
- use the Site in any way that imposes an unreasonable load on our infrastructure, or interferes with any other person’s use of it;
- misrepresent your identity, affiliation or the source of any request; or
- use any Content in a manner that infringes any law, or any intellectual-property, privacy or other right of CurlingZone or any third party.
Clause (a) applies regardless of the volume of data collected, whether the data is later modified, whether it is presented for free or for payment, and whether the collecting system identifies itself. General-purpose search engines may index the Site only to the extent permitted by our robots.txt file and only to display links and short snippets that direct users to the Site.
7. Automated access and the robots exclusion standard
7.1 CurlingZone publishes a robots.txt file at the root of each of its domains, and may use <meta
name="robots"> tags and X-Robots-Tag headers. Together these state which automated agents, if
any, may access which paths. They are incorporated into and form part of these Terms.
7.2 Any Automated Means that accesses the Site must (a) identify itself truthfully in its User-Agent string, (b) request and obey robots.txt before any other request, (c) obey every disallow and crawl-delay directive, and (d) never request a path identified as disallowed. Access to a disallowed path is conclusive evidence that the accessing system is Automated Means operating in breach of these Terms.
7.3 Compliance with robots.txt does not itself grant any licence to copy, store or republish Content.
8. Technical protection measures and content fingerprinting
8.1 CurlingZone protects the Site and the Compilation with technical measures that may include: logging of the IP address, user-agent, referrer, requested URL, timing and account associated with every request; rate limits; human verification challenges; blocking; the delivery of delayed or differently-timed data to particular requesters; and the insertion into Content served to a particular requester of visible or invisible identifiers, markers or fingerprints (including in team, player and event names) that identify the requester, the rule under which the Content was served, and the time it was served.
8.2 You consent to this logging and to the delivery of fingerprinted Content, and you agree that CurlingZone may rely on and produce these records — and the presence of CurlingZone’s identifiers in any content found elsewhere — as evidence of access to, and copying and republication from, the Site.
8.3 The measures in 8.1 are technological protection measures controlling access to and use of the Compilation for the purposes of the Copyright Act (Canada). Circumventing them, or offering services or tools that do so, is prohibited by section 6 and by law.
9. Commercial and data licensing
9.1 CurlingZone licenses CurlingZone Data and other Content for commercial, editorial, broadcast, betting, analytics, application and syndication uses under separate written agreements, on published or negotiated terms, which include attribution, linking, refresh-rate and permitted-use conditions and licence fees (each a “Data Licence”). Enquiries: licensing@curlingzone.com.
9.2 CurlingZone’s standard Data Licence rate card (the “Rate Card”) states the fees at which CurlingZone is willing to license the Compilation. The current Rate Card is:
| Licensed data | Unit | Fee (CAD) |
|---|---|---|
| Live scores & end-by-end linescores feed — single event | per event | CAD $500.00 |
| Live scores & end-by-end linescores feed — full season, all events | per season | CAD $50,000.00 |
| Schedules, results, brackets & standings — single event | per event | CAD $[to be set] |
| Schedules, results, brackets & standings — full season | per season | CAD $[to be set] |
| World Team Rankings / Order of Merit / SFM data | per season | CAD $5,000.00 |
| Historical results & statistics export | per request | CAD $10,000.00 |
| Editorial, photo or video syndication | per item | CAD $10,000.00 |
Fees are exclusive of applicable taxes; every Data Licence also requires attribution to CurlingZone with a link, a maximum refresh rate, and the permitted-use conditions in the written agreement. CurlingZone may revise the Rate Card from time to time; the Rate Card in force at the time of any unauthorized use applies to section 10.
9.3 A Data Licence is only ever granted in writing signed by CurlingZone. No course of dealing, silence, failure to block, or absence of a technical barrier grants or implies any licence.
10. Fees and damages for unauthorized use
legal_core.php
(CZ_LD_UNAUTHORIZED_PER_DAY, CZ_LD_CIRCUMVENTION_PER_DAY) and are still unset. Under Canadian law a
liquidated-damages clause is enforceable if it is a genuine pre-estimate of loss and not a penalty: derive them from
the Rate Card, the cost of the technical measures in section 8, lost advertising revenue per page view and enforcement
costs, and keep a short internal memo recording the derivation. This note disappears once both figures are set.]10.1 You acknowledge that unauthorized automated collection or republication of CurlingZone Data diverts traffic and advertising revenue from the Site, deprives CurlingZone of Data Licence fees, degrades the value of the Compilation and of CurlingZone’s licences to third parties, and imposes infrastructure, monitoring and enforcement costs, and that the resulting loss is real but difficult to quantify precisely.
10.2 Deemed licence fee. If you access, collect or use CurlingZone Data in breach of section 5, 6 or 7, you agree to pay CurlingZone, as a genuine pre-estimate of the licence fee it would have charged, the greater of (a) the fee for the applicable use under the Rate Card for the entire period of the unauthorized use, and (b) CAD $250.00 for each day on which any unauthorized automated access or republication occurred.
10.3 Liquidated damages for circumvention and republication. In addition to 10.2, if you circumvent a Technical Protection Measure, access a disallowed path, or remove or alter an identifier or fingerprint described in section 8, you agree to pay CAD $[to be set] for each day on which such conduct occurred, as a genuine pre-estimate of the additional monitoring, enforcement and reputational loss caused.
10.4 The amounts in 10.2 and 10.3 are payable on demand, are in addition to any statutory damages, injunctive relief and other remedies available to CurlingZone under the Copyright Act or otherwise, and do not limit CurlingZone’s right to recover its actual loss if greater.
10.5 Costs. You agree to reimburse CurlingZone for its reasonable costs of identifying, investigating and stopping any breach of sections 5–8, including technical staff time, forensic and legal fees on a full-indemnity (solicitor-and-own-client) basis.
10.6 Injunction. You agree that a breach of sections 5–8 would cause CurlingZone irreparable harm for which damages alone are not an adequate remedy, and that CurlingZone is entitled to injunctive and other equitable relief, in any court of competent jurisdiction, without proof of actual damage and without posting security.
11. Notice; continued access after notice
11.1 CurlingZone may give notice of these Terms, or of a breach, by any reasonable means, including email to any address associated with you or your domain, a message displayed on the Site, an HTTP response (including a 403 or challenge page) returned to your requests, a notice to your hosting, DNS, CDN or payment provider, or a letter. Notice is effective when sent.
11.2 Every access to the Site after notice is a separate, express acceptance of these Terms and a separate breach if the notified conduct continues. You may not avoid this section by changing IP addresses, user-agents, domains, accounts, corporate identity or the means of access.
12. Accounts and user content
12.1 You must provide accurate information when registering and keep your credentials confidential. You are responsible for all activity under your account. One person may not hold multiple accounts to evade limits.
12.2 Event managers, team managers, clubs and other users who submit content (including scores, rosters, schedules, photographs, logos, sponsor material, notes and news) (“User Content”) represent that they have the right to do so, including any consents required from players, photographers and sponsors, and grant CurlingZone a worldwide, royalty-free, perpetual, sub-licensable licence to host, reproduce, adapt, publish, distribute, display and incorporate the User Content into the Compilation and the Site in any medium. Scores and results submitted to the Site become part of the Compilation.
12.3 You must not submit User Content that is unlawful, infringing, defamatory, deceptive or harmful. CurlingZone may remove User Content and suspend accounts at its discretion.
13. Third-party services and advertising
The Site includes advertising and embedded third-party services (for example YouTube video, social-media links and advertising networks) that are governed by their own terms and privacy practices. CurlingZone is not responsible for third-party sites or services linked from the Site.
14. Disclaimers
14.1 Scores, results, schedules, rankings and other CurlingZone Data are provided for information only, may be delayed, incomplete or contain errors, and are not the official record of any event or governing body unless expressly stated.
14.2 THE SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ACCURACY, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND UNINTERRUPTED OR ERROR-FREE OPERATION, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CURLINGZONE AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, CONTRIBUTORS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR WAGERS, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, AND CURLINGZONE’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF CAD $100 AND THE AMOUNT YOU PAID CURLINGZONE IN THE TWELVE MONTHS BEFORE THE CLAIM. Some jurisdictions do not allow certain limitations; in those jurisdictions liability is limited to the fullest extent permitted. Nothing in these Terms limits CurlingZone’s remedies against you.
16. Indemnity
You will defend, indemnify and hold harmless CurlingZone and the persons listed in section 15 from and against all claims, losses, damages, fines, costs and expenses (including legal fees on a full-indemnity basis) arising out of your breach of these Terms, your User Content, or your use of the Site or Content.
17. Enforcement, suspension and termination
17.1 CurlingZone may, at any time and without notice, block, rate-limit, challenge, delay or otherwise restrict any requester, suspend or terminate any account, and remove any content, where it reasonably believes these Terms have been or may be breached, or to protect the Site, its users or its licensees. Such action does not waive any other remedy.
17.2 Sections 4, 6–11 and 14–21 survive any termination of these Terms or of your access.
18. Governing law and disputes
18.1 These Terms, and any dispute arising out of or in connection with them or the Site, are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
18.2 You irrevocably attorn to the exclusive jurisdiction of the courts of Ontario, except that CurlingZone may seek injunctive relief or enforce a judgment in any jurisdiction where you or your assets, servers or service providers are located. You agree that the Site is operated from, and any breach involving CurlingZone Data causes harm in, Ontario.
18.3 To the extent permitted by law, any claim must be brought individually and not as a class or representative proceeding.
18A. Region-specific terms
European Economic Area, Switzerland and United Kingdom consumers. Nothing in these Terms excludes or limits rights you have under mandatory consumer-protection law of your country of residence, and you may bring proceedings in the courts of that country. Sections 14 and 15 apply only to the extent permitted by that law; in particular they do not exclude liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot lawfully be excluded. Section 18.3 does not apply to you where it would be unenforceable. Sections 4–11 (which govern automated access and copying, not consumer use) apply in full to every person and organisation.
United States. Unauthorized access to the Site in breach of sections 6–8 is also access without authorization under the Computer Fraud and Abuse Act and applicable state law. Copyright notices under the Digital Millennium Copyright Act may be sent to our designated agent: [Counsel: name, address, email and phone of the DMCA agent registered with the U.S. Copyright Office]. We will respond to valid notices and counter-notices as the DMCA provides.
Quebec. Les parties confirment avoir demandé que les présentes conditions et tous les documents connexes soient rédigés en anglais. [Counsel: publish a French version of these Terms.]
Asia-Pacific and other countries. If mandatory local law gives you rights that these Terms do not, those rights apply to you in addition to these Terms; the remainder of these Terms continues to apply.
19. Changes to these Terms
CurlingZone may amend these Terms by posting a revised version with a new effective date. Changes apply to all access after that date. Material changes affecting registered users will be announced on the Site or by email. The version you accepted at registration, and each version in force at the time of any access, is retained by CurlingZone.
20. General
These Terms, the Privacy Policy, robots.txt and any Data Licence are the entire agreement between you and CurlingZone about the Site. If any provision is unenforceable it will be enforced to the maximum extent permitted and the rest remains in effect; in particular, if any amount in section 10 is held to be a penalty, the court may substitute the largest amount it considers a genuine pre-estimate. No waiver is effective unless in writing. You may not assign these Terms; CurlingZone may. Headings are for convenience; “including” means “including without limitation.” The parties have required that these Terms be drawn up in English. Les parties ont exigé que les présentes conditions soient rédigées en anglais.
21. Contact
CurlingZone Inc.
91 Beechbank Crescent, London, Ontario, Canada N6E 2P1
Legal and copyright notices: legal@curlingzone.com
Data licensing: licensing@curlingzone.com
Privacy: privacy@curlingzone.com