YOUR ACCESS AND USE OF THE SOFTWARE, WEBSITE, APPLICATION AND/OR ONLINE SERVICE (COLLECTIVELY, THE "SERVICES") PROVIDED TO YOU BY OR ON BEHALF OF BELL MEDIA AND ITS AFFILIATED ENTITIES ("BELL MEDIA"), CONSTITUTES YOUR FULL ACCEPTENCE AND COMPLIANCE OF THIS USER AGREEMENT. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOU: (1) HAVE READ AND UNDERSTAND THIS USER AGREEMENT; (2) WILL COMPLY WITH THIS USER AGREEMENT AT ALL TIMES; AND (3) MAY RECEIVE UPDATED VERSIONS OF THE SERVICES WITHOUT ANY FURTHER NOTIFICATION. IF YOU DO NOT AGREE WITH THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE AND/OR ACCESS THE SERVICES AND MUST DISCONTINUE YOUR USE OF THE SERVICES IMMEDIATELY.
This User Agreement is a legally binding agreement between you and Bell Media pertaining to your access and/or use of the Services which must be in accordance with the following terms and conditions. References to you in this User Agreement shall include any members of your household who access the Services.
To be eligible to use and/or access the Services, you must, among other things: (1) reside within the territory of Canada (the "Territory"); (2) be a current and paid-up subscriber of The Movie Network and/or The Movie Network Encore linear television service with an authorized television provider who has been granted access to the Services by Bell Media; and (3) comply with any other requirements or criteria as determined by Bell Media or its third party suppliers (collectively, the "Eligibility Criteria").
By accessing or using the Services in any manner you represent, warrant and covenant that you comply with the Eligibility Criteria and that your use of the Services do not violate any applicable law or regulation.
Further, by accessing or using the Services, you affirm that you are at least the age of majority in your province or territory and are fully able and competent to enter into this User Agreement. If you are a minor in your province or territory of residence, you must affirm that your parent or legal guardian has consented to your use of the Services and accepted this User Agreement on your behalf. Please note that if you authorize a minor to use the Services, you agree to be fully responsible for the conduct, use or misuse of such minor.
2. RIGHT TO USE
Bell Media grants you a limited, non-exclusive, non-transferable license to install, use and access the Services in the Territory solely for you or any member in your household's personal, non-commercial use provided that you continue to meet the Eligibility Criteria and you are not in breach of this User Agreement.
The Services enable you to view, preview, access and select video, audio, graphics, photos, text, special features, software and/or messages (collectively, the "Content") in accordance with this User Agreement. The Content will be made available to you for viewing only for a limited time. The availability of the Content will be determined in Bell Media's sole discretion. Bell Media reserves the right, in its sole discretion, to disable access to the Content at any time for any reason whatsoever. While Bell Media will attempt to keep the Content descriptions up-to-date, Bell Media does not warrant that such descriptions will be complete, current or accurate. Bell Media and its affiliates, service providers, suppliers and/or licensors accept no liability whatsoever for any issues related to your access to the Content or the expiration thereof.
The Services will only operate on specific Internet connected devices as specified in the Frequently Asked Questions ("FAQs") section of this Service or at tmngo.ca/about/faq/ (the "Device(s)"). Please note that in order to access the Services, your Device must be connected to the Internet, and you will be solely responsible for the cost and maintenance of any such Internet connection, including any data usage charges which may be incurred. Additionally, the Services will only operate on certain hardware and software platforms specified in the FAQs section of this Service or at tmngo.ca/about/faq/. It is your sole responsibility to ensure that you have access to the appropriate platforms required to access the Services. Please check the requirements periodically, as Bell Media reserves the right to change or cease support of any hardware or software platforms at any time.
Bell Media reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Services and/or access to the Content in the Services, with or without notice, and/or to establish general guidelines and limitations on their use.
You acknowledge and agree that you have no ownership rights in the Services and/or to the Content. Rather, you only have a limited license to use the Services and a limited right to view the Content. Ownership of the Services, Content and all intellectual property rights therein shall remain at all times with Bell Media and/or its licensors. Any other use of the Services or Content by any other person, business, corporation, government or any other entity is strictly prohibited and is a violation of this User Agreement. Further, any copying of the Services, Content or any portion thereof will constitute a violation of copyright. Violation of this User Agreement in any manner automatically terminates the rights granted to you herein and obligates you to cease all use of the Services and/or Content.
In order to access the Services you must provide registration details including, but not limited to, a unique Username and Password to establish a registered account ("Registered Account"). You must obtain your Username and Password from your television service provider and, among other things, accept any terms and conditions required by your television service provider.
Once you have created a Registered Account, subject to availability based upon the Device you are using to access the Services, you may set up profiles for members of your household (the "Profile(s)"). Each Profile will utilize a separate 4-digit pin which is tied to your Registered Account. Depending upon the Device in which you use to access the Services, you can manage access to the Services and your Registered Account through the "Settings" section of the Service.
The Registered Account will function as the "master account" for all of your Profiles. The Registered Account holder will have the ability to establish Parental Controls for each Profile and reset Profile pins.
You are responsible for all actions and activities which occur under your Registered Account and any Profile authorized by you), including ensuring that your Username and Password remain confidential. Further, you agree that any household member account users authorized by you will not permit the disclosure of their 4-digit pin to any person. You agree that you will: (a) immediately notify Bell Media or your television service provider of any unauthorized use of any Registered Account (including any related Profiles), and (b) if using a publicly shared device, make sure that each Registered Account and Profile has logged off the Services at the completion of each session. If you have any difficulty regarding your Username and/or Password, please contact your television service provider. If you have any difficulty establishing or resetting a Profile's 4-digit pin, please contact Bell Media by phone (1-800-565-6684) or email (info @ tmngo.ca). Bell Media and its partners, television service providers and distributors shall not be liable for any loss or damage arising from your use or misuse of your Registered Account, Profiles or failure to comply with the registration requirements.
4. CONTENT AND PARENTAL CONTROLS
PLEASE NOTE THAT THE SERVICES MAY CONTAIN MATURE CONTENT, WHICH MAY NOT BE APPROPRIATE FOR CHILDREN. WHERE POSSIBLE, CONTENT IS RATED ACCORDING TO GUIDELINES ESTABLISHED BY THE APPROPRIATE CANADIAN GOVERNING AUTHORITY. HOWEVER, SOME CONTENT MAY NOT BE RATED AND MAY CONTAIN VIOLENCE, SEXUAL CONTENT AND MATURE THEMES. The above content is only intended for those persons who are the age of majority in the province and/or territory in which they reside and/or those persons who have received consent from a parent and/or guardian.
If you wish to restrict the type of Content which your Registered Account and/or any associated Profiles may access, you may utilize the Parental Controls feature of the Services (if available) by accessing the "Parental Controls" section of the "Settings" menu. Parental Controls can be used to establish and manage the maximum rating, your Registered Account and each associated Profile has access to view, including non rated content.
If you choose not to enable Parental Controls, you acknowledge and agree that your Registered Account or associated Profiles may have access to adult or mature content which may depict nudity, sexual activity, violence, adult language, or are otherwise graphic in nature. You agree that use of the Services is at your sole risk and that Bell Media shall have no liability to you or any of your household members for the type of Content that you may access or allow to be accessed. It is your responsibility to ensure that the Content accessed by you and/or your household members does not violate the laws or other requirements of the applicable community.
5. INTELLECTUAL PROPERTY RIGHTS
Intellectual property rights in and to any Content displayed or accessed by, through or in the Services (including any and all components of the Services itself) belongs to the respective content owner and are protected by copyright and/or other intellectual property laws, regulations, rules and/or treaties of the appropriate jurisdiction. Apart from your limited right to view the Content, this User Agreement does not grant you the right to copy, distribute, prepare derivative works, publicly display, or make other use of the Content of these Services unless such a right is expressly permitted herein. You are prohibited from engaging in or facilitating the unauthorized P2P file-sharing of the Content, such as the unauthorized posting, making available, uploading, downloading or other distribution of such Content.
Without limiting the above, there are software programs and/or technology contained within, or available through, the Services that have been licensed to Bell Media by third parties ("Third-Party Software"). Third-Party Software is subject to the proprietary rights of its respective owner. You acknowledge and agree that the owners of Third-Party Software shall not be held liable for the removal or other unavailability of such Third-Party Software in the Services. In addition, the same terms and conditions, including all limitations and restrictions, set forth in this User Agreement apply to each Third-Party Software program contained in the Services.
Some of the characters, logos or other images incorporated by Bell Media into the Services and/or Content are protected as registered or unregistered trademarks and/or trade names owned by, or licensed to, Bell Media ("Trademarks"). The Trademarks licensed to Bell Media by a third-party for inclusion in the Services or Content and all other trademarks included in the Services or Content are the property of their respective owners. Use of the Trademarks, or any other trademarks included in the Services or Content is not authorized in any manner other than as required for you to view the Content in accordance with this User Agreement.
Bell Media, its licensees, suppliers, distributors and other partners reserve the right, at any time, to prosecute any violation of copyright or other intellectual property laws to the fullest extent of the law, including both civil and criminal penalties.
6. CONTENT AND SERVICES RESTRICTIONS
You and/or members of your household may only access the Content for non-commercial, personal, entertainment use on a Device subject to any usage restrictions instituted by Bell Media. You may not copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, display, perform publicly, modify, create derivative works, upload, edit, post, link to, frame, transmit, rent, lease, lend or sublicense or in any way exploit any part of the Services. Further, you will not attempt to interfere with the operation of the Services in any way. You may not use any data mining, robots, or similar data gathering and extraction tools on the Services or on any portion of the Service, or frame any portion of the Service. You will not be permitted to access the Services on your Device if such Device has been jailbroken, rooted, unlocked or undergone any other similar process.
You may not distribute any part of the Services over any network, including a local area network, nor sell or offer it for sale. You may not share or distribute any Content via wireless streaming between devices, second-screen video playback, over-the-air streaming, Airplay or any similar processes. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software in this Services or any Third-Party Software into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
You may not transfer any of your rights or obligations under this User Agreement to any person or entity.
7. SERVICE UPDATES
Bell Media may choose to make available updates, upgrades or other changes or enhancements to the Services (collectively, "Service Updates"). Service Updates may: (i) occur automatically; (b) occur at your election (you will receive information and instructions to authorize Service Updates); or (c) occur mandatorily (i.e. you must consent to the Service Update for continued access to the Services and Content).
8. SOCIAL MEDIA
In certain instances, you may be able to post certain Content from the Services (as determined by Bell Media) onto certain third party social media sites ("Social Media Sites"), such as Facebook and Twitter. If you post such select Content to any Social Media Site, you acknowledge and agree that you are consenting to the continuous release of information about you to others, including to the Social Media Site (in accordance with your privacy settings on the Social Media Site). If you do not want information about you to be shared in this manner, do not post select Content to any Social Media Sites. You agree and acknowledge that Social Media Sites have no responsibility or liability for the Services and Content.
Bell Media reserves the right, from time to time, with or without notice to you, to modify the terms of this User Agreement in its sole and absolute discretion. The most current version of this User Agreement will supersede all previous versions. Your use of the Services after modifications have been made means that you agree to be bound by such changes. Considering the above, you should review the User Agreement periodically.
11. CUSTOMER SERVICE
If you need assistance with the Services or Content, please contact Bell Media by phone (1-800-565-6684) or email (info @ tmngo.ca).
12. INFORMATION ACCESS
13. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE CONTENT AND ALL MATERIALS ON THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, BELL MEDIA, ITS AFFILIATES, SERVICE PROVIDERS, DISTRIBUTORS, SUPPLIERS AND/OR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS REGARDING THE ABSENCE OF VIRUSES, OR THE CORRECTNESS, ACCURACY, QUALITY OR RELIABILITY OF THE CONENT OR MATERIALS IN THE SERVICES. BELL MEDIA, ITS AFFILIATES, SERVICE PROVIDERS, SUPPLIERS AND/OR LICENSORS DO NOT WARRANT THAT THE SERVICES WHICH MAKE CONTENT MATERIAL AVAILABLE TO YOU WILL BE OPERABLE, UNINTERRUPTED, VIRUS FREE OR ERROR FREE, OR THAT DEFECTS WILL BE FOUND OR CORRECTED. BELL MEDIA, ITS AFFILIATES, SERVICE PROVIDERS, SUPPLIERS AND/OR LICENSORS ALSO PROVIDE NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, AUTHENTICITY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, CONTENT, OR MATERIALS PROVIDED THROUGH THE SERVICES. BELL MEDIA RESERVES THE RIGHT IN ITS SOLE DISCRETION, TO MODIFY OR UPDATE THE SERVICES AT ANY TIME WITHOUT PRIOR NOTICE.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
14. LIMITATION OF LIABILITY
BELL MEDIA, ITS AFFILIATES, SERVICE PROVIDERS, SUPPLIERS AND LICENSORS DISCLAIM ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICES, THE CONTENT, THIRD-PARTY SOFTWARE OR OTHER MATERIALS IN THE SERVICES, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF BELL MEDIA, ITS AFFILIATES, SERVICE PROVIDERS, SUPPLIERS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
In regard to any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Bell Media ("Feedback"), you automatically grant (or automatically warrant that the owner of the rights to such material or content has expressly granted) Bell Media a perpetual, royalty-free, irrevocable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute and otherwise exploit any or all portions of such material or content in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably waive all so-called "moral rights" in any such materials and content posted, uploaded or submitted by you.
Bell Media does not accept unsolicited materials/submissions of concepts, creative ideas, suggestions, stories or any other ideas. In the case you send any unsolicited materials/submissions to Bell Media, you understanding and agree that no additional consideration of any sort will be provided to you, and you are waiving any claim against Bell Media, its affiliates, service providers, supplies and licensors regarding the use of such materials/submissions or ideas used are seemingly substantially similar to the idea sent by you.
16. SYSTEM ABUSE
You agree not to undertake any activity which may adversely affect the operation or enjoyment of the Services by any other person. You may only use the Services and Content for lawful purposes and in accordance with applicable law. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained in the Services.
17. INVESTIGATIONS AND VIOLATIONS
Bell Media, its affiliates, service providers, suppliers and/or licensors reserve the right to investigate you if we suspect you have violated this User Agreement, and may seek to gather information from you in furtherance of this purpose. Bell Media may suspend your use of the Services if your conduct is under investigation. If Bell Media believes, in our sole discretion, that a violation of the User Agreement has occurred, Bell Media may take any corrective action deemed appropriate including, but not limited to, providing personally identifiable information as part of any legal process.
BY ACCEPTING THIS USER AGREEMENT YOU WAIVE AND HOLD HARMLESS Bell Media, ITS AFFILIATES, SERVICE PROVIDERS, SUPPLIERS AND LICENSORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Bell Media DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Bell Media OR LAW ENFORCEMENT AUTHORITIES.
18. USE IN CANADA
The Services and Content are intended for use and access solely within the Territory. Bell Media makes no representation that Services or Content is available or cleared for use outside of the Territory.
19. MICROSOFT PLAYREADY
Content owners use Microsoft PlayReady content access technology to protect their intellectual property, including copyrighted content. The Services use PlayReady technology to access PlayReady-protected content and/or WMDRM-protected content. If the Services fail to properly enforce restrictions on content usage, content owners may require Microsoft to revoke the Services' ability to consume PlayReady-protected content. Revocation should not affect unprotected content or content protected by other content access technologies. Content owners may require you to upgrade PlayReady to access their content. If you decline an upgrade, you will not be able to access content that requires the upgrade.
If you are accessing the Services through the Microsoft Xbox, you acknowledge and agree that the Services and Content are provided solely by Bell Media and not the Microsoft Corporation. Further, you acknowledge and agree that the Microsoft Corporation shall not be held liable under any theory of liability for any claims related to the Services, Content or this User Agreement. Once you have downloaded the Services of the Microsoft Xbox, you may be restricted from re-downloading such Services for three months after your initial download. You agree that Bell Media and its affiliates, service providers, distributors, suppliers and/or licensors shall not be held responsible or liable for such a failure or restriction.
You agree to indemnify and hold harmless Bell Media, its directors, officers, shareholders, parents, subsidiaries, affiliates, partners, agents, suppliers and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your breach of any of the foregoing provisions, representations or warranties, your viewing or use of the Services and/or Content, and/or from any use of your Registered Account in violation of this User Agreement by you or any person who uses your Registered Account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
No waiver of any breach of any provision of this User Agreement by Bell Media shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless it is made in writing and is signed by an authorized representative of Bell Media.
23. GOVERNING LAW
THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ONTARIO AND CANADA, AS APPLICABLE, NOTWITHSTANDING ANY CONFLICT OF LAWS PROVISION.
If any provision of this User Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this User Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
25. FORCE MAJEURE
Bell Media shall not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which shall refer to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action, or other cause beyond its control.
26. ENTIRE AGREEMENT
This is the entire agreement between you and Bell Media relating to the use of the Services and shall not be modified except by Bell Media as set out herein.
Last Updated: June 12, 2014
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