TERMS OF SERVICE (Last Updated 5/28/21)
Welcome to OUTtv, a subscription video on demand streaming service (the “Service”) provided by or on behalf of OUTtv Media Global Inc. and its current and future affiliates (collectively: “OMG”, “us”, “we”, “our” or the “Company”). The Service offers streaming of digitized versions of movies, television programs and other video content (the “Content”), on a subscription basis, available to you from time to time on http://outtv.com or on any software application that you have downloaded to view the Content (each, a “Site”). “You” and “your” means, as applicable, you and every person who uses the Service through your account. Please read these terms of service (“Terms”) carefully before you use a Site. By using any Site, you agree to abide by these Terms. If you do not agree to comply with these Terms, then you may not use any Site.
- AVAILABILITY AND ACCESS
a. Availability. The Service is only accessible in Australia, Canada, New Zealand, South Africa and the United States (the “Territories”), to users who have registered for the Service. Even if you have registered for the Service, you will not be able to view Content on the Service when you are outside the Territories. Availability of the Content may vary from Territory to Territory.
b. Access. Not all aspects of the Service, including, without limitation, certain Content viewing and access to high-quality video, will be available to you unless the applicable personal computer, digital set-top box, gaming device, tablet device, mobile device or other digital device (each a “Digital Device”) you use to access the Service and your Internet connection satisfy the Service’s minimum technical requirements. We may change these requirements from time to time at our sole discretion. Unless we specify otherwise, you are solely responsible for updating or maintaining your Digital Device and Internet connection as necessary to meet these requirements. Since the Service is often transmitted over the Internet, you may experience, from time to time, video and/or audio dropouts, re-buffering or loss of connection. You are responsible for any data usage and charges you incur to access the Service through an Internet connection.
c. Number of Devices. The number of devices on which you may simultaneously access the Service is currently limited to THREE (3). The number of devices and the simultaneous streams may change from time to time at our discretion.
- LICENSE AND SITE ACCESS
The Company grants you a limited license to access and make personal use of any Site to which you have been granted access to by the Company, but not to download (other than page caching) or modify it, or any portion of it. This license is for your personal and non-commercial use only and may not be shared with individuals beyond your household. This license does not permit any resale or commercial use of any Site or their contents; nor any collection and use of any product listings, descriptions, or prices; nor any derivative use of any Site or their contents; nor any downloading or copying of account information for the benefit of another merchant; nor any use of data mining, robots, or similar data gathering and extraction tools. No Site or any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company. You may not use any meta-tags or any other “hidden text” utilizing the Company’s name or trademarks. Any unauthorized use terminates the limited license granted herein.
- REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
In some cases the Company may permit you to submit information and other content, so long as the information or other content is not illegal, obscene, threatening, defamatory, in violation of privacy or publicity rights, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses or worms or any code of a destructive nature, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of information or other content. The Company reserves the right (but not the obligation) to remove or edit such content.
If you submit comments, communications or other content, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information or other content throughout the world in any media. You grant the Company and sub-licensees the right to use the name that you submit in connection with such information or other content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the information or other content that you send or post; that the information or other content is accurate; that use of the information or other content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from information or other content you supply. The Company takes no responsibility and assumes no liability for any information or other content posted by you or any third party.
During the registration process, you will be asked to provide an e-mail address, choose a password, and provide billing information and certain other information. You certify that any information that you provide during the registration process will be complete and accurate and that you will not register under the name of, nor attempt to use the Service under the name of, another person. You agree to promptly update any information as necessary to ensure that your account is kept complete and accurate, including, without limitation, any credit card information that you designate for payment of your monthly subscription. If you do not update that information when necessary, you may not be able to access the Service. You will be responsible for preserving the confidentiality of your password and will notify us immediately of any known or suspected unauthorized use of your account and agree to take reasonable steps to prevent any reoccurrence. If you have forgotten your password and we are otherwise unable to verify your identity, then we may take any action that we deem appropriate, including, without limitation, deleting your account. You may be held liable for any loss or damage incurred by us or any other user or visitor to a Site due to another party using your account or password.
We may modify the Content made available on a Site at any time in our sole discretion without prior notice to you. We may also modify these Terms or change any aspect of the Service at any time in our sole discretion. If you do not accept any modification to these Terms or changes to the Service, then your sole remedy is to terminate these Terms by no longer using any Site and the Service by cancelling your subscription by following the steps outlined in paragraph 7(h) below and sending us written notice to that effect by mail to OUTtv at 73 East 6th Avenue, #200, Vancouver, BC V5T 1J3 or by e-mail to firstname.lastname@example.org.
Subject to our right to make modifications, no other statements, written or verbal, will change these Terms.
You may not make any changes to these Terms.
- PRIVACY AND ACCEPTABLE USE POLICY
Your use of the Service and any Site is also subject to our Acceptable Use Policy available HERE, the terms of which are incorporated into these Terms. Please review our Acceptable Use Policy to further understand our terms of acceptable use.
- COMMUNICATION PREFERENCES
By using the Service, you consent to receiving electronic communications from us relating to your account. These communications may involve sending emails to your e-mail address provided during registration, or posting communications on the Service, or on the “Your Account” page and will include notices about your account (e.g. payment authorizations, changes to your password or payment method, confirmation emails and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you will satisfy any legal communication requirements, including that such communications be in writing.
- PAYMENT AND SUBSCRIPTION TERMS
a. Pricing. All prices listed on a Site are in Pounds Sterling and include applicable taxes.
b. Ongoing Membership. Your OUTtv membership will continue month-to-month or year-to-year, as applicable unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, the “Payment Method”) to use the Service. We will bill the applicable membership fee to your Payment Method. You must cancel your membership fee before it renews each month (as explained in subparagraph 7(e) below) or year, as applicable, in order to avoid billing of the next month’s or year’s membership fees, as applicable, to your Payment Method.
c. Auto-Renewing Subscription. By starting your OUTtv membership and providing a Payment Method, you authorize us to charge you a OUTtv membership fee on a monthly or annual basis, as applicable, at the then current rate, and any other charges you may incur in connection with your use of the Service to your Payment Method. You acknowledge that:(i) for a monthly subscription, the amount billed each month may vary from month to month; or (ii) for an annual subscription, the amount billed each year may vary, for reasons that may include differing amount(s) due to promotional offers, including promotional code redemption and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amount(s), which may be billed in one or more charges.
d. Price Changes. We reserve the right to adjust pricing for the Service or any components thereof in any manner and at any time as we may determine in our sole discretion. Except as otherwise expressly provided for in these Terms, any price changes to your service will take effect following e-mail notice of such price changes to you.
e. Monthly Billing Cycle. For month-to-month OUTtv memberships, the membership fee for the Service will be billed at the beginning of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. Membership fees are fully earned on payments. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you began your subscription on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your membership.
f. Annual Billing Cycle. For annual OUTtv memberships, the membership fee for the Service will be billed at the beginning of your membership and each year thereafter unless and until you cancel your membership. We automatically bill your Payment Method each year on the calendar day corresponding to the commencement of your membership. Membership fees are fully earned on payments. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. Your renewal date may change due to changes in your membership
g. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount or other consideration to some or all of our members (“Credits”). The amount and form of such Credits, and the decision to provide them, is at our sole discretion. The provision of Credit in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
h. Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “My Account” link, available at the top of the pages of the OUTtv website. If a payment is not successfully settled, due to expiration, insufficient funds or otherwise, and you do not edit your Payment Method information or cancel your account (see “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you other charges. Check with your Payment Method service provider for details.
i. Cancellation. You may cancel your OUTtv membership at any time and you will continue to have access to the Service through the end of your billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR TV SHOWS. To cancel, go to the “My Account” page on our website and follow the instructions for cancellation. For clarity, you cannot cancel your account by email or mail. You must cancel your account through the “My Account” page on our website. For more details on the cancellation process, please refer to the FAQ. If you cancel your membership, your account will automatically close at the end of your current billing period, terminating your limited, non-transferrable license to access the licensed Content. To see when your account will close, click “View billing details” on the “My Account” page. If you subscribe to the Service through an authorized distributor, then any cancellation of the Service will be governed by the terms of service of that authorized distributor.
- RESPONSIBILITY FOR MINORS
You must be the age of majority where you reside in order to subscribe to the Service. In cases where you have authorized a minor to use the 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 Service; and (c) the consequences of any use or misuse of the Service by the minor. You acknowledge that Content displayed or accessed through the Service may contain mature content that may be inappropriate for minors.
- CONTENT SUPPLIERS
You acknowledge and agree that our content suppliers are third party beneficiaries of these Terms. This means that, upon your acceptance of these Terms, such suppliers will have the right (and will be deemed to have accepted the right) to enforce these Terms directly against you.
- THIRD PARTY SOFTWARE
There are software programs and technology contained within, or available through, the Service, that have been licensed to us by third parties (collectively “Third Party Software”). Any Third Party Software is subject to the proprietary rights of its respective owner. You acknowledge and agree that the owners of Third Party Software will not be held liable for the removal or other unavailability of such Third Party Software in the Service. In addition, the same terms and conditions, including all limitations and restrictions, set forth in these Terms apply to the Third Party Software contained in the Service. The Company does not assume any responsibility or liability for your use of such Third Party Software.
- THIRD PARTY APPLICATIONS
Your use of the Service and/or access to the Content may be provided to you through third party websites, platforms and portals, including social networking sites and digital storefronts (collectively, “Third Party Platforms”). Additional terms and conditions may apply to you with respect to your use of those Third Party Platforms. The Company does not assume any responsibility or liability for your use of such Third Party Platforms.
a. Apple: If you have downloaded the OUTtv app (the “Software”) from the Apple iTunes Application Store, the following additional terms apply to such Software: You agree and acknowledge that these Terms of Service are concluded between you and OMG only, and not with Apple. Apple is not responsible for the Software and its content. In addition, your use of such Software downloaded from such location is limited to a non-transferable license to use the Software on any Apple branded products running iOS (including but not limited to iPad, iPhone, and iPod touch ("iOS Devices")) or Mac OS ("Mac Computers"), as applicable (collectively "Apple Device(s)") that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions located here. Moreover, we hereby inform you and you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software. You may not transfer, redistribute or sublicense the Software and, if you sell your Apple Device to a third party, you must remove the Software from the Apple Device before doing so. Apple has no warranty obligation with respect to the Software and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in these Terms and Conditions. Please note that to the extent permitted by applicable law, OMG has disclaimed all warranties. Apple is not responsible for addressing any claims relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for any third-party infringement claims that the Software or your possession and use of the Software infringe a third party's intellectual property rights. You acknowledge that in the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, OMG and not Apple will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that you are (i) not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that Apple, and its subsidiaries, are third party beneficiaries of these Terms and Conditions and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right to enforce these Terms and Conditions against you as a third party beneficiary hereof.
- MATURE CONTENT
Content displayed or accessed by, through or in the Service may contain mature content, which may not be appropriate for all users. Where possible, Content is rated according to guidelines established by the appropriate governing authority. However, some Content may not be rated and may contain violence, sexual content and mature themes. Adult and mature Content is only intended for users who are the age of majority in the Canadian province on territory in which they reside, or users who have received consent from a parent or guardian.
You acknowledge and agree that your account may have access to adult or mature content and/or content that may depict nudity, sexual activity, violence, adult language, or is otherwise graphic or objectionable in nature. You agree that access to and use of the Service and the Content is at your sole risk, and that we have no liability to you or anyone who uses the Service for the type of Content accessed.
All Content included on any Site, such as video clips, video streams, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on any Site is also the exclusive property of the Company or its content suppliers and protected by Canadian and international copyright laws. All software used on this site is the property of the Company or its software suppliers and protected by Canadian and international copyright laws.
Except as expressly provided, nothing in these Terms or within the Service, including any Content, will be construed as conferring any license or other right or entitlement under any intellectual property right, whether by estoppel, implication, waiver or otherwise.
- COPYRIGHT AND OTHER LEGAL RIGHTS COMPLAINTS
The Company respects the intellectual property and legal rights of others. If you believe that intellectual property or other legal rights have been violated, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the rightsholder; (ii) a description of the alleged rights violation; (iii) a description of where the alleged violating material is located on the Website; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the rightsholder, or the law; (vi) a statement by you that the above information in your notice is accurate and that you are the actual rightsholder or authorized to act on the copyright owner’s behalf. Contact information for notice of claims of rights violation is OUTtv, 73 East 6th Avenue, #200, Vancouver, BC V5T 1J3 or by e-mail at email@example.com We will process your complaint pursuant to the Copyright Act of Canada.
- CONTENT USAGE RESTRICTIONS
The Service and the Content are for your personal, non-commercial use, entertainment and enjoyment. You may not reproduce, duplicate, copy, download, translate, broadcast, publicly display, sell, transmit, retransmit, license, sub-license, publish or modify any of the Service or the Content without the prior written consent of the owner. You acknowledge that any use of the Service by you must be in accordance with these Terms. Failure to adhere to this policy may result in the termination of your account and your ability to access the Service or its Content.
You may not use or otherwise export or re-export any Site except as authorized by the laws of the United States and the United Kingdom. In particular, no Site may be exported or re-exported: (a) into any U.S.-embargoed countries; or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Sites you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Sites for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production or nuclear, missile or chemical or biological weapons.
You are welcome to link to a homepage of a Site; however, you may only establish a hypertext link to the homepage of a Site if: (a) the link does not state or imply any affiliation, connection, sponsorship, endorsement, commercial tie-in, or approval of your site by us or anyone having rights to any Content on the Service, or create the false impression that an entity is sponsored by or associated with us; and (b) the appearance, position and other aspects of the link does not damage the goodwill associated with us, our trademarks or any other trademarks appearing on a Site. Notwithstanding the foregoing, links with any video player, or within the Content itself, is strictly prohibited.
We may provide links to the sites of affiliated companies and/or certain other businesses or websites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
OUTtv and related names, logos, images, page headers, button icons, scripts, and service names, as well as some of the characters, logos or other images incorporated by us into the Service and/or the Content are protected by registered or unregistered trademarks or trade names owned by or licensed to the Company (collectively, the “Trademarks”). The Trademarks and all other trademarks included in or accessible through the Service or Content are the property of their respective owners and use of them is not authorized in any manner other than as required for you to use the Service and view the Content in accordance with these Terms.
For software that you have downloaded from us related to the use of the Service:
a. License. The Company grants to you a limited, non-exclusive, non-transferrable, no-fee, revocable license to install and use one copy of the executable code of the software on each Digital Device that is connected to the Service. All other rights are reserved to the Company, its licensors and/or suppliers.
b. Restrictions. You acknowledge and agree that you have been granted a license and not a transfer of ownership in the software. You may not:
i. Rent, lease, sell, sublicense, assign, distribute or otherwise transfer any portion of the software or use it for any purpose other than in association with the Service;
ii. Reverse engineer, decompile or disassemble any portion of the software, except and only to the extent that this limitation is expressly allowed by applicable law;
iii. Copy, modify, alter or tamper with the software (including without limitation removal of any copyright or other proprietary notices from the software) or create any derivative works of the software; or
iv. Attempt to defeat, avoid, by-pass, remove, deactivate or otherwise circumvent any software protection mechanisms.
c. Data Maintenance, Support and Software Updates/Changes (if applicable). The Company may elect to provide you with customer support and/or software upgrades, enhancements or modifications (collectively “Support”), in its sole discretion, and may terminate this Support at any time without notice to you. The Company may, without notice or liability, collect non-personal information regarding your Digital Device(s), hardware and software during the installation and/or use of the software.
- SUSPENSION AND CANCELLATION
The Company may, at any time, without notice to you, restrict, block suspend or cancel any or all of your use of a Site, the Service or your account if you fail to comply in full with any of these Terms or any other terms, agreements or policies that apply to a Site and the use of it. Any cancellation by us will not relieve you of any obligation to pay fees accrued to your account prior to cancellation.
You will defend, indemnify and hold harmless the Company from and against all claims, liability, losses, actions, proceeding, suits, damages, settlements, penalties, fines, costs and expenses, including all reasonable legal fees and other litigation expenses, arising out of: (a) your breach of any provision of these Terms; (b) your use or misuse of a Site or the Content; (c) your use of or inability to use any Third Party Software; or (d) any violation, alleged violation or misappropriation of any intellectual property right or non-proprietary right of a third party. The Company may, in its sole discretion and at its own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim. Your indemnification shall survive any termination of your right to use a Site and the Service.
- NO WARRANTIES
All Sites, the Service and all Content, material, information or postings found on or accessed through a Site are provided on an “as is” basis. To the maximum extent permitted by applicable law, the Company expressly disclaims any and all representations, warranties and conditions, express or implied, including without limitation, any and all representation and warranties of title and non-infringement, and all implied warranties and conditions or merchantable quality, fitness for any particular purposes, suitability for any particular purpose and any representations, warranties or conditions arising from any course of dealing or usage of trade, for a Site, the Service or the Content contained in or accessed through a Site. The Company makes no representations or warranties as to the performance, availability, accuracy, timeliness, reliability, secure operation, truthfulness or completeness of a Site, the Service or the Content contained in or accessed through a Site, including without limitation, the contents, transmission or delivery of any Content, information, material or posting found on a Site, any services provided through a Site (including the Service), or any links to other websites made available on a Site or the content contained on such site(s) or, for Third Party Software, the operation of the Third Party Software or any feature of the Third Party Software. The Company makes no representations or warranties that a Site or access to and use of a Site will be continuous, accurate, uninterrupted, error-free or free from defects, viruses or other harmful codes or components.
You expressly agree that your use of a Site and the Service are at your sole risk. Information provided on a Site may contain references to products and services offered by authorized distributors that are not available in your local area, and the Company makes no representations or warranties as to the availability of such products and services in your local area, and such references do not imply that those authorized distributors intend to provide such products or service in your local area.
- LIMITATIONS OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY THE SITE(S) ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE WEBSITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
SUBJECT TO ANY APPLICABLE LOCAL LAWS, IF ANY, UNDER NO CIRCUMSTANCE, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH, SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR: ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC OR PUNITIVE DAMAGES OR ANY LOSS THAT RESULTS FROM THE SUPPORT FOR ANY THIRD PARTY SOFTWARE, THE USE OF, OR THE INABILITY TO USE, A SITE, THE SERVICE OR ANY CONTENT, INFORMATION, MATERIAL OR POSTINGS ON A SITE, DIRECTLY OR INDIRECTLY, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION OVER THE INTERNET. THESE LIMITATIONS APPLY WHETHER OF NOT THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU; AND ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITY OR COSTS RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. THESE LIMITS APPLY TO ANY ACT OR OMISSION OF THE COMPANY, WHETHER OR NOT THE ACTS OR OMISSIONS WOULD OTHERWISE GIVE RISE TO CLAIMS OR CAUSES OF ACTION IN CONTRACT, TORT, PURSUANT TO STATUTE OR PURSUANT TO ANY OTHER DOCTRINE OF LAW. Some jurisdictions do not allow the limitation of liability for personal injury or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of Fifty Dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
All disputes or questions touching on these Terms or as to any act, deed or omission or the rights, duties or liabilities of any of the parties under these Terms will be referred to arbitration before a single arbitrator in accordance with and subject to the provisions of the Arbitration Act of British Columbia and amendments or replacements thereto. The place of arbitration shall be the City of Vancouver, Province of British Columbia.
These Terms shall in all respects be governed and construed in accordance with the laws of the Province of British Columbia, Canada applicable to contracts entered into and fully performed therein, and the applicable sections of the Copyright Act and any other applicable copyright law. Subject to the arbitration clause immediately preceding this paragraph, only the British Columbia courts (Provincial and Federal) shall have jurisdiction over controversies regarding this Agreement and the parties consent to the same. Any proceeding involving such a controversy shall be brought in those courts, in the City of Vancouver.
These Terms, as amended from time to time, any subscription terms, any other documents referred to in these Terms and any rules, policies, guidelines or other agreements posted on a Site by the Company, constitute the entire agreement between us and you for your use of a Site and the Service.
Either party’s failure to insist upon or enforce strict performance of any provision of these Terms does not mean that party has waived any provision or right in these Terms. No waiver by either the Company or you of any breach or default under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
If any provision of these Terms is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, that determination shall not affect the remaining provisions. If any provision of these Terms is unenforceable, the unenforceable provision shall be construed in accordance with applicable law as nearly as possible to give effect to the Company’s original intentions and the remainder of the provisions shall remain in full force and effect.
These Terms enure to the benefit of and are binding on you, your heirs and your legal personal representatives and on the Company’s respective successors and assigns.
You may not assign or transfer these Terms without our prior consent. We may assign or transfer these Terms or any of our rights or obligations under these Terms without your consent.
If you are dissatisfied with a Site or with these Terms, then your sole remedy is to stop using all Sites.
Any notice of a claim or other legal correspondence must be sent to: OUTtv TV, 73 East 6th Avenue, #200, Vancouver, BC V5T 1J3 and/or by e-mail to: firstname.lastname@example.org. Any notice will be deemed to have been given on the date on which it was received by the Company’s legal representatives.