Terms of Service

ehTV Media Canada - Terms of Service

 

THESE TERMS OF SERVICE CONTAIN LEGAL OBLIGATIONS.

PLEASE READ THEM CAREFULLY BEFORE USING THE ehTV SERVICE.

                                                                                      

BY USING THE ehTV SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AS SET FORTH BY ehTV MEDIA CANADA INC. (“ehTV”).               

ehTV is a subscription service that offers ehTV’s members access to audio-visual entertainment content including movies, series, and music videos (the “Content”), including by delivering the Content over the Internet to devices connected to the Internet (an “ehTV ready device”).

As used in these Terms of Service, “ehTV Service”, “our service” and “service” refers to the delivery of streaming Content to its members by ehTV Media Canada Inc., a Canadian corporation, including all features and functionalities, website and user interfaces, in addition to all Content and software associated with the ehTV Service.

As used in these Terms of Service, “you” and “your” refers to you and anyone who uses the ehTV Service through your registered account. As used in these Terms of Service, “ehTV”, “we”, “us” and “our” refers to (a) ehTV Media Canada Inc. and (b) any other ehTV affiliate that joins as a party to these Terms of Service.

        1.    Membership. 

To access the ehTV Service, you must register for and subscribe to the ehTV Service as described in these Terms of Service and comply with its requirements. Your ehTV membership (“Membership”) will continue month-to-month or year-to-year, as the case may be, until terminated. To use the ehTV Service you must have Internet access and an ehTV ready device, and provide ehTV with a current, valid, accepted method of payment, which you may update from time to time (“Payment Method”). Unless you cancel your Membership before your billing date, you authorize us to charge your next term’s Membership fee to your Payment Method (see Cancellation below). You can access information about your membership by visiting our website and clicking on the “Dashboard”. ehTV may also offer a day pass which is not automatically renewed.

        2.    Billing.

Recurring Billing Cycle. The Membership fee for the ehTV Service and any other charges you may incur in connection with your use of the ehTV Service, such as taxes, will be charged on a recurring basis to your Payment Method on the calendar day corresponding to the commencement of your membership. In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your Membership began on a day not contained in a given month. Visit our website and click on Dashboard to see the last date of your Membership.

Payment Methods. You can change your Payment Method by visiting our website and clicking on the Dashboard. If a payment is not successfully settled, due to expiration of the Payment Method, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your Membership, we may suspend your Membership and access to the ehTV Service until we have obtained a valid Payment Method. When you update your Payment Method, you authorize us to continue charging the updated Payment Method and you remain responsible for any uncollected amounts. This may result in a change to your payment dates. For some Payment Methods, the issuer may charge you certain fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

Cancellation. You can cancel your Membership at any time, and you will continue to have access to the ehTV Service through the end of your billing period so long as full payment has been received by ehTV. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods or unwatched Content. To cancel, go to the Dashboard on our website, and follow the instructions for cancellation. If you cancel your Membership, your Dashboard will automatically close at the end of your current billing period. To see when your account will close, go to your Dashboard. 

Changes to the Price and Service Plans. We may change ehTV Service plans and the prices from time to time; however, any price changes or changes to our service plans will apply to you no earlier than sixty (60) days following notice to you, using any contact information we have for you in our discretion, including but not limited to providing notice in your Dashboard.

         3.    Using The ehTV Service.

Age. You must be at least the greater of 18 years of age, or the age of majority in your province, territory or country, to become a member of ehTV. Minors may only use the ehTV Service under the supervision of an adult. In cases where you have authorized a minor to use the ehTV Service, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of the ehTV Service; and (c) the consequences of any use or misuse of the ehTV Service by the minor. You acknowledge that Content displayed or accessed through the ehTV Service may contain mature content that may be inappropriate for minors.

Geography. You may view the Content primarily within the country in which you have established your Membership and only in geographic locations where we offer our service and have licensed the Content.

Testing. ehTV makes changes to the ehTV Service, including the Content. In addition, we continually test various aspects of the ehTV Service, including our website, user interfaces, promotional features and availability of Content. By using the ehTV Service, you agree that we may include you in or exclude you from these tests without notice.

Internet Charges. You are responsible for all Internet access charges related to your use of the ehTV Service. Please check with your Internet provider for information on possible Internet data usage charges.

Technical Requirements. Your use of the ehTV Service will require your device to be connected to the Internet. Additionally, you may choose to access the ehTV Service using a mobile service. In all such cases, you are solely responsible for the cost and maintenance of any such Internet or mobile connection, including any data usage, roaming or other charges that you incur. You acknowledge that viewing quality, and the time it takes to begin watching the Content, may vary depending on the quality of your Internet or mobile connection and viewing device capabilities. Further, you acknowledge that, from time to time, you may be unable to access the ehTV Service or you may experience video and/or audio re-buffering or drop-outs. Your use of the ehTV Service is subject to certain minimum technical requirements. It is your responsibility to ensure that you have access to the hardware and/or software platforms required to access and use the ehTV Service. We reserve the right to change or cease support of any hardware or software platforms at any time. We may change the technical requirements from time to time at our sole discretion and, unless we specify otherwise, you are responsible for updating or maintaining your devices, Internet or mobile connection, and hardware and software platforms as necessary to meet the technical requirements.

Passwords and Account Access. The member whose Payment Method is charged has access and control over the Membership and the ehTV ready devices that are used to access the ehTV Service. To maintain control over the Membership and to prevent anyone from accessing the Membership (including viewing history), you should maintain control over the ehTV ready devices that are used to access the ehTV Service and not reveal the password nor details of the Payment Method associated with the Membership to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your Membership or place it on hold to protect you, ehTV or our partners from identity theft or other fraudulent activity.

Content. The availability of the Content will be determined in our sole discretion. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of the ehTV Service or access to the Content. You acknowledge and agree that the suppliers of Content are third party beneficiaries of these Terms of Service. As such, upon your acceptance of these Terms of Service, at ehTV’s discretion, such suppliers will have the right to enforce these Terms of Service directly against you.

Each item of Content is licensed by ehTV on a territory by territory basis. As such, you may be able to access certain Content from one geographic location and not from another. As well, ehTV does not promise that any particular item of Content will be available or, if it is available, that it will not be removed. The availability of particular Content is subject to change.

Limited Use. Provided you continue to comply with these Terms of Service, during your Membership we grant you a limited, non-exclusive, non-transferable license to access the ehTV Service and view Content. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree to use the ehTV Service, including all features and functionalities associated with it, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the ehTV Service or Content. You agree to comply with all applicable laws and regulations (including laws relating to copyright), as well as these Terms of Service, when using the ehTV Service.

Prohibited Uses. You acknowledge and agree that you may not:

     (a) use the ehTV Service for anything other than your own personal, non-commercial and entertainment purposes;

     (b) copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, publicly perform or display, modify, create derivative works, upload, edit, post, link to, frame, transmit, rent, lease or sublicense, or in any way exploit, any part of the ehTV Service or Content;

     (c) use the ehTV Service to share or distribute any Content, including via wireless streaming between devices, second-screen video playback, over-the-air streaming, or any similar processes, except directly in connection with your own personal, non-commercial use of the ehTV Service for entertainment purposes;

     (d) use the ehTV Service to engage in any activities that infringe intellectual property rights (e.g., peer-to-peer (P2P) file-sharing, posting, unauthorized streaming, making available, uploading, downloading, or any other distribution of content protected by intellectual property laws) or facilitate any such activities (e.g., use of eDonkey directory servers, BitTorrent trackers and/or websites that index and link to content served at a separate host);

     (e) interfere or attempt to interfere with the operation of the ehTV Service, the Content, or the servers or networks connected to the ehTV Service including, through denial of service attacks, overloading a service, improperly seizing or abusing operator privileges (“hacking”), or attempting to “crash” a host;

     (f) circumvent, remove, alter, deactivate, or degrade any of the Content protections in the ehTV Service;

     (g) copy, reproduce, distribute, adapt, translate, modify, decompile, disassemble, or reverse engineer any Software, applications or programs used in connection with the ehTV Service or the Content;

     (h) copy, modify, alter, remove, or deface any trademarks, service marks, or other intellectual property displayed or made available through the ehTV Service, or use any of the foregoing for any purpose other than the purpose for which such intellectual property is made available to users of the ehTV Service;

     (i) use or attempt to use the ehTV Service in a manner to avoid incurring charges for usage;

     (j) use any data mining, robots, or similar data gathering and extraction tools on the ehTV Service, the Content or on any portion thereof, or frame any portion of the ehTV Service or Content, it being agreed that should we become aware that your device has been jail broken or rooted or has undergone any other similar process you will not be permitted to access the ehTV Service on your device;

     (k) use the ehTV Service to access any computer, software, data or any confidential, copyright-protected or patent-protected material of any other person, without the knowledge and consent of that person, or use any tools designed to facilitate access such as ‘packet sniffers’;

     (l) use the ehTV Service to post, upload, e-mail, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the ehTV Service in a manner that is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the ehTV Service or the Internet;

     (m) use the ehTV Service to defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including rights relating to privacy and publicity; or

     (n) use the ehTV Service to invade another person’s privacy, or to collect or store personal data about other users.

You acknowledge that, subject to our Privacy Policy, we may disclose information relating to your use of, or access to, the ehTV Service that is necessary to satisfy any law, regulation, governmental or other lawful request from any applicable jurisdiction.

        4.    Software.

You may be required to download software applications or other forms of content including files, images or data (the “Software”) in order to access or use the ehTV Service. The Software is developed by, or for, ehTV and is designed to enable viewing of Content through ehTV ready devices. The Software may vary by device and medium, and functionalities and features may also differ between devices.

You agree that you may automatically receive updated versions of the Software and related third-party software.

The Software is made available to you by us or third parties subject to the following terms and conditions, and any terms and conditions made available to you during the installation process.

ehTV and such third parties grant you a non-exclusive, limited, personal and non-transferable, revocable, license, subject to your compliance with these Terms of Service, to install and use the Software in executable form solely in connection with the ehTV Service on such number of Internet-connected computers and other compatible devices.

You agree that the Software is licensed to you by us or third parties for your personal and non-commercial use only, and you must:

     a) not modify the Software;

     b) maintain all copyright and other proprietary notices contained with or displayed on the Software; 

     c) not create any derivative works of the Software;

     d) not transmit or make the Software available over a network where it could be used by multiple computers or devices at the same time;

     e) not make any third party Software contained in the Software a standalone product;

     f) not take any action that will infringe on the intellectual property or other proprietary rights of ehTV or third party licensors; or

     g) not copy, redistribute, sell, rent, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

ehTV or the applicable third party shall retain full and complete title to the Software and all intellectual property rights embodied in it. You agree that it is your responsibility to review and evaluate the Software and any terms and conditions presented to you during the installation process, and that all risk associated with the use of, or reliance on, the Software rests with you.

We may elect to provide you with customer support and/or Software upgrades, enhancements or modifications (collectively, “Support”), in our sole discretion, and may terminate this Support at any time without notice to you. In addition:

     a) we may change, suspend or discontinue any aspect of the Software at any time, including the availability of any Software feature or function;

     b) we may impose limits on certain features and functions or restrict your access to parts or all of the Software or the ehTV Service without notice or liability;

     c) we, our licensors, and other third party suppliers reserve the right to delete data from their servers, or prevent access to their servers or to change data categories for any reason that we or third parties deem sufficient in our or their sole discretion at any time, without notice; and

     d) nothing in these Terms of Service imposes upon us or our licensors any obligation to provide you with new, enhanced or additional Support at any time.


You agree that ehTV, including our suppliers, shall not be, to the extent permitted by applicable law, responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications.

        5.    Modifications.

Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of these Terms of Service at any time without incurring any liability or obligation whatsoever to you or any other person or entity. If we modify all or any portion of these Terms of Service, we will post the changes to these Terms of Service at least sixty (60) days before the modification comes into effect, and will indicate at the bottom of this page the date these Terms of Service were last modified.

In addition, if you have registered for the ehTV Service, we will provide you notice using any contact information we have for you in our discretion. You may refuse the modification and rescind, or cancel the ehTV Service without cost, penalty, cancellation fee or cancellation indemnity, by providing us with notice to that effect no later than sixty (60) days after the modification comes into force, using the information in the notice. To the fullest extent permitted by applicable law, your continued access to and/or use of the ehTV Service after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, these Terms of Service, as modified.

Subject to our right to make modifications, no other statements (written or verbal) will change these Terms of Service. You may not make any changes to these Terms of Service.

        6.    Privacy.    

To offer you the ehTV Service, we collect information from you as outlined in the Privacy Policy. Any collection, use and/or disclosure of your information by us related to the ehTV Service is governed by our Privacy Policy.

        7.    No Warranty.

Your use of the ehTV Service is at your own risk. The Service and Software are provided on an “as is” basis. ehTV makes no representations, warranties or conditions, express, statutory or implied, with respect to the ehTV Service and Software. ehTV expressly disclaims all representations, warranties or conditions including, without limitation, any implied or statutory warranties or conditions of merchantability, title, non-infringement or fitness for a particular purpose or arising from a course of dealing or usage of trade. ehTV does not warrant that the ehTV Service will meet your requirements or that it will function uninterrupted, error free or at all, or that all defects in the ehTV Service will be corrected. Some jurisdictions do not allow the exclusion of, or limitations on, limited or implied warranties, and in such jurisdictions, ehTV’s and its licensors’ liability shall be limited to the maximum extent permitted by law.

       8.    Limitation on Damages.

IN NO EVENT SHALL ehTV OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE ehTV SERVICE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE SOFTWARE OR ehTV SERVICE, OR PERSONAL INJURIES, EVEN IF ehTV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT SHALL enTV OR ITS LICENSORS’ AGGREGATE LIABILITY EXCEED THE ACTUAL PRICE PAID FOR THE evTV SERVICE DURING THE PREVIOUS THIRTY (30) DAYS.

        9.    Indemnification.

You agree to indemnify, defend and hold harmless ehTV, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your unlawful or improper acts or omissions in connection with your use of the evTV Service, if any; any breach by you of the terms of these Terms of Service; and your violation, alleged violation or misappropriation of any intellectual property right. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

        10.    Termination.

We, in our sole discretion and without liability to us, reserve the right to cancel, terminate, restrict or suspend your access to the ehTV Service or to delete your Membership and any information or user profile(s) related to such Membership if we reasonably believe that you are or will be in violation of these Terms of Service and/or any applicable laws. Any such cancellation, termination, restriction, suspension or deletion is in addition to, and not in lieu of, any rights and remedies available to us under these Terms of Service or any applicable law. The agreement formed by your acceptance of these Terms of Service, and our Privacy Policy will continue to apply to and be binding upon you in respect of your prior use of the ehTV Service. For greater certainty, any indemnification, warranties and limitations of liability under the Terms of Service remain in effect following any cancellation, termination, restriction, suspension or deletion.

        11.    Inspections.

Subject to our Privacy Policy, we reserve the right to investigate you if we suspect you have violated these Terms of Service and/or any applicable laws, and may seek to gather information from you or about your use of the ehTV Service, in furtherance of this purpose. We may suspend your use of the ehTV Service if your conduct is under investigation. If we believe, in our sole discretion, that a violation of these Terms of Service and/or any applicable laws has occurred, we may take any corrective action deemed appropriate, including providing personally identifiable information as part of any legal process.

BY ACCEPTING THESE TERMS OF SERVICE, YOU WAIVE AND HOLD HARMLESS ehTV FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ehTV IN GOOD FAITH DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ehTV.

        12.     Choice of Law and Jurisdiction.

These Terms of Service shall be interpreted and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

        13.    General.

These Terms of Service, and our Privacy Policy constitute the entire agreement between you and us relating to the access and use of the ehTV Service, and shall not be modified except by us as set out herein.

These Terms of Service supersede all prior agreements and representations, warranties or understandings between you and ehTV regarding the same subject matter. If any portion of these Terms of Service are determined to be unenforceable or invalid for any reason whatsoever that unenforceability or invalidity shall not affect the enforceability or validity of the remaining portions of these Terms of Service. Such unenforceable or invalid paragraph or portion thereof shall be deemed to be severed from the remainder of these Terms of Service.

These Terms of Service are personal to you, and you may not assign your rights or obligations to anyone. Our failure to insist upon or enforce strict performance of any right or provision of these Terms of Service shall not constitute or be construed as a waiver of any right or provision. No waiver of any breach of any provision of these Terms of Service by us shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof.

You and we have requested that these Terms of Service and all correspondence and all documentation relating to these Terms of Service be written in the English language. Les parties aux présentes ont exigé que la présente entente, de même que toute la correspondance et la documentation relative à cette entente, soient rédigées en langue anglaise.

If any provision or provisions of these Terms of Service shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

We will send you information relating to your Membership (including payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

Last Updated: August 21, 2017

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